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Insurance Certificate: Aquatic Renovation Systems, Inc.
ACORO® CERTIFICATE OF LIABILITY INSURANCE `./ DATE (M M/DD/YYYY) 1 06/27/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Nikki Jones Dimond Bros. Insurance, LLC PHONE (317) 853-3500 FAX (317) 853-3501 A/C No Ext : A/C, No): ADDRESS: nikki.jones@dimondbros.com 11708 North College Avenue INSURERS) AFFORDING COVERAGE NAIC / Carmel IN 46032 INSURER A: North Pointe Insurance Company 27740 INSURED QBE Insurance Corporation INSURER B p : 32917 Aquatic Renovation Systems, Inc. INSURER C : Praetorian Insurance Company DBA Renosys Corporation INSURER D : General Casualty Company of Wisconsin 24414 2825 East 55th Place INSURER E Indianapolis IN 46220 INSURER F: COVERAGES CERTIFICATE NUMBER: 24-25ALLCOV 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 CONTRACTOR 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. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM DIDY MYYY MM DD/VYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 A Y 171000598 07/01/2024 07/01/2025 GEN'LAGGREGATE LIMITAPPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY PRO LOC JECT PRODUCTS- COMP/OP AGG $ 2,000,000 $ OTHER. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y 161000356 07/01/2024 07/01/2025 BODILY INJURY (Per accident) $ HIRED NON -OWNED PROPERTY DAMAGE Per accident $ AUTOS ONLY AUTOS ONLY $ X UMBRELLA LIAB X 5,000,000 OCCUR EACH OCCURRENCE $ AGGREGATE $ 5,000,000 B EXCESS LAB CLAIMS -MADE Y 191000422 07/01/2024 07/01/2025 DEC) I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN X STATUTE EORH E.L. EACHACCIDENT $ 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE 7 NIA 152000238 07/01/2024 07/01/2025 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1, 000,000 Leased/Rented Equip 400,000 Inland Marine D QCI1376872 07/01/2024 07/01/2025 Installation Floater 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Ashland, OR Attached Forms: GLOC2044, GLOC20821 CABA2003, CAU2014, C00001, UMCU2001 r1 V LLl City of Ashland -Ashland Parks & Recreation Commission Attn: Rachel Davis 20 E Main St Ashland OR 97520 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 00010813 LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Dimond Bros Insurance, LLC NAMED INSURED POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes Subject to the terms and conditions of the policies, City of Ashland, Oregon, its officers, agent, and employees are added as additional insured(s) on the General Liability and Automobile Liability but only if required by written contract and only with respects to liability arising out of the work performed by or on behalf of the named insured for the Certificate Holder Umbrella is following form in regards to the Additional Insured that has been added to the General Liability and/or Automobile Liability. :ct to the terms and conditions of the policies, General Liability, Automobile Liability, and Umbrella Liability policies are Primary and Noncontributory in of the above additional insured(s). ACORD 101 (2008/01) © 2008 ACORD CORPORATION_ All rinhts rpnP_NP_d The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BLANKET ADDITIONAL INSURED ENDORSEMENT Name of Insured: Aquatic Renovation Systems, Inc. Policy Number: 171000598 Endorsement Number: GL-OC-2044 (08-20) Effective Date of Endorsement: 07/01/2024 Name of Insurer: North Pointe Insurance Company This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (OCCURRENCE VERSION) A. SECTION II — WHO IS AN INSURED is amended to include as an insured any person or organization (hereinafter "additional insured") whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage" or "personal and advertising injury" B. The insurance provided to the "additional insured" is limited as follows: 1. That person or organization is an "additional insured" only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf, in the performance of your operations for the "additional insured". 2. The insurance afforded to such "additional insured". a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or agreement to provide for such "additional insured". 3. The Limits of Insurance applicable to the "additional insured" are those specified in the written contract or agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 4. The coverage provided to the "additional insured" by this endorsement and SECTION V — DEFINITIONS, 9. "Insured contract", paragraph f., do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or agreement. 5. The insurance provided to the "additional insured" does not apply to: "Bodily injury", "property damage", or "personal and advertising injury' arising out of or in any way related, in whole or in part, to the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: © QBE , 2020 Includes copyrighted material of Insurance Services Office, Inc., GL-OC-2044 (08-20) with its permission. Page 1 of 2 a. The preparing, approving, or failure to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. 6. We have no duty to defend or indemnify an "additional insured" under this endorsement: a. For any liability due to negligence attributable to any person or entity other than you or those acting on your behalf in the performance of your operations for the "additional insured". b. For any loss which occurs prior to our named insured commencing operations at the location of the loss. c. Until we receive written notice of a claim or "suit" from the "additional insured" as required in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties In The Event of Occurrence, Offense Claim or Suit Condition. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. 2. Duties In The Event of Occurrence, Offense, Claim or Suit is amended by the addition of the following An "additional insured" under this endorsement will, as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit' under this policy; and (2) Agree to trigger or activate any other insurance which the "additional insured" has for a loss we cover under this policy by tendering the defense to the insurers of all such other insurance. 2. As respects the coverage provided under this endorsement, 4. Other Insurance, paragraph b. Excess Insurance is deleted and replaced by the following: b. Excess Insurance This insurance is excess over any other insurance naming the "additional insured" as an insured whether primary, excess, contingent or on any other basis unless the written contract or agreement described in paragraph A. above specifically requires that this insurance be provided on either a primary basis or a primary and noncontributory basis. All other terms and conditions of this policy remain unchanged. © QBE , 2020 Includes copyrighted material of Insurance Services Office, Inc., GL-OC-2044 (08-20) with its permission. Page 2 of 2 �' 91- 901 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY COVERAGE ENHANCEMENT Name of Insured: Aquatic Renovation Systems, Inc. Policy Number: 171000598 Endorsement Number: GL-OC-2082 (05-21) Effective Date of Endorsement: 07/01/2024 Name of Insurer: North Pointe Insurance Company This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (OCCURRENCE VERSION) PRELIMINARY STATEMENT — This endorsement broadens coverage provided under the Commercial General Liability Coverage Form (Occurrence Version). However, further limitations and exclusions may apply to these coverages. Read all provisions of this endorsement and the entire policy carefully to determine all rights, duties, coverages and limitations provided. A. ADDITIONAL INSURED — AUTOMATIC STATUS WHEN REQUIRED IN AN AGREEMENT WITH YOU B. ADDITIONAL INSURED — MORTGAGEE, ASSIGNEE OR RECEIVER C. BODILY INJURY REDEFINITION D. BROAD FORM NAMED INSURED E. CANCELLATION CONDITION F. DAMAGE TO PREMISES RENTED TO YOU G. FELLOW EMPLOYEE COVERAGE H. GOOD SAMARITAN SERVICES I. INSURED CONTRACT — LEASE OF PREMISES J. KNOWLEDGE OR NOTICE OF OCCURRENCE K. MEDICAL PAYMENTS L. NEWLY ACQUIRED OR FORMED ORGANIZATION M. NON OWNED WATERCRAFT N. REASONABLE FORCE O. SUPPLEMENTARY PAYMENTS P. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Q. WAIVER OF SUBROGATION © (DBE, 2021 Includes copyrighted material of Insurance Services Office, Inc., GL-OC-2082 (05-21) with its permission. Page 1 of 8 A. ADDITIONAL INSURED — AUTOMATIC STATUS WHEN REQUIRED IN AN AGREEMENT WITH YOU 1. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) for whom you have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy with respect to liability for "bodily injury", "property damage" or "personal and advertising injury", subject to the following additional provisions: a. The written contract or agreement must be in effect during the policy period shown in the Declarations and must have been executed prior to the "bodily injury", "property damage", or "personal and advertising injury". b. This insurance does not apply to or for the benefit of any person or organization renting or leasing property from you or performing work for you or on your behalf. c. With regard to any coverage provided to the insured added by Paragraph A. of this endorsement, Paragraph 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, applies. However, if the written contract or agreement which requires the person or organization be added as an insured specifically requires that this insurance apply without regard to other valid and collectible primary insurance available to that insured, Paragraph 4. Other Insurance Subparagraph a. Primary Insurance is replaced by the following: a. Primary Insurance This insurance is primary except when b. below applies. However, no coverage will be provided if, in the absence of this endorsement, no liability would be imposed by law on you. d. The person or organization added as an additional insured by this endorsement is an insured only as follows: (1) Lessors of Leased Equipment — but only with respect to liability caused by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to: (a) Any "occurrence" which takes place after the equipment lease expires; or (b) "Bodily injury" or "property damage" arising out of or in any way related, in whole or in part, to the sole negligence of such person or organization. (2) Owners, Managers, or Lessors of Premises — but only with respect to liability caused by the ownership, maintenance or use of that part of the premises leased or rented to you, subject to the following additional provisions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in any premises leased to or rented to you; or (b) Any structural alterations, new construction or demolition operations performed by or on behalf of such person(s) or organization(s). (3) State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations — but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: (a) "Bodily injury", "property damage", or "personal and advertising injury" arising out of or in any way related, in whole or in part, to operations performed for the federal government, state or municipality; or (b) "Bodily injury" or "property damage" included within the "products- completed operations hazard". (4) Vendors — but only with respect to "bodily injury" or "property damage" caused by "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional provisions and only if the policy to which this endorsement is attached provides insurance for "bodily injury" and "property damage" included in the "products -completed operations hazard". © 013E , 2021 Includes copyrighted material of Insurance Services Office, Inc., GL-OC-2082 (05-21) with its permission. Page 2 of 8 This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a written contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of or in any way related, in whole or in part, to the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: 1. The exceptions contained in Subparagraphs (d) or (f); or 2. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization from whom you have acquired such products, or any container, part or ingredient entering into, accompanying or containing such products. 2. The insurance afforded to such additional insured described in Paragraph A.1. of this endorsement: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or agreement to provide for such additional insured. 3. With respect to the insurance afforded to such additional insureds described in Paragraph A.1. of this endorsement, SECTION III — LIMITS OF INSURANCE is amended by the addition of the following: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or agreement described in Paragraph A.1.; or b. Available under the applicable limits of insurance; whichever is less. This Additional Insured coverage shall not increase the applicable limits of insurance shown in the Declarations. B. ADDITIONAL INSURED — MORTGAGEE, ASSIGNEE OR RECEIVER 1. When you have agreed in a written contract or agreement to provide them coverage as an additional insured under your policy, SECTION II — WHO IS AN INSURED, is amended to include as an additional insured any person or organization that is a mortgagee, assignee or receiver, but only with respect to their liability as mortgagee, assignee or receiver and caused by the ownership, maintenance or use by you of a premises shown as a covered location in the Declarations. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. © OBE, 2021 Includes copyrighted material of Insurance Services Office, Inc., GL-OC-2082 (05-21) with its permission. Page 3 of 8 2. The written contract or agreement must be in effect during the policy period shown in the Declarations and must have been executed prior to the "bodily injury", "property damage", or "personal advertising injury". 3. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 4. With respect to the insurance afforded to such additional insured, SECTION III — LIMITS OF INSURANCE is amended by the addition of the following: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This Additional Insured coverage shall not increase the applicable limits of insurance shown in the Declarations. C. BODILY INJURY REDEFINITION SECTION V — DEFINITIONS, Paragraph 3. is replaced by: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, injury or illness or emotional distress and/or death resulting from any of these at any time. D. BROAD FORM NAMED INSURED SECTION II — WHO IS AN INSURED, Paragraph 2. is amended by the addition of the following: Any subsidiary organization which is legally incorporated or organized under the laws of the states, territories or possessions of the United States of America in which you own a financial interest greater than 50% of the voting stock or otherwise maintain a controlling interest over assets and for which you have the responsibility of placing insurance on the effective date of this Coverage Form. However, the insurance provided by this provision does not apply to any subsidiary organization described above that is an insured under: 1. Any other general liability policy for which coverage has been specifically placed; or 2. Any other general liability policy where that policy's limit of insurance has been exhausted or that carrier has become insolvent. In addition, the insurance provided by this provision does not apply to "bodily injury", "property damage" or "personal and advertising injury" which arises out of, whether in whole or in part, from any "occurrence" or offense prior to your acquisition or formation of the subsidiary organization stated above. E. CANCELLATION CONDITION Subject to any statute or regulation requiring a longer time period, if we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 90 days prior to the effective date of cancellation. F. DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph in SECTION I — COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is replaced by: Exclusions c. through In. do not apply to "property damage" by fire; smoke from a "hostile fire"; explosion; lightning; smoke resulting from such explosion or lightning; collision by "mobile equipment" or leakage from fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. 2. SECTION III — LIMITS OF INSURANCE, Paragraph 6. is replaced by: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay in any one event under COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages because of "property damage" from fire; smoke from a "hostile fire' explosion; lightning; smoke resulting from such explosion or lightning; collision by "mobile equipment" or leakage from fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner © QBE, 2021 Includes copyrighted material of Insurance Services Office, Inc., GL-OC-2082 (05-21) with its permission. Page 4 of 8 G. FELLOW EMPLOYEE COVERAGE 1. SECTION II — WHO IS AN INSURED, Paragraph 2. is amended by the addition of the following to the end thereof: Your "volunteer workers" or "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury" to: a. You; b. Your partners or members (if you are a partnership or joint venture); c. Your members (if you are a limited liability company); or d. A co -"employee" or "volunteer worker" while that co -"employee" or "volunteer worker is either in the course of his or her employment by you or while performing duties related to the conduct of your business. Paragraph 2.a.(1)(a) in this SECTION II — WHO IS AN INSURED does not apply to "bodily injury" for which insurance is provided by this paragraph. This Fellow Employee Coverage for "bodily injury" to a co -"employee" or "volunteer worker will not apply if the injured co -"employee" or "volunteer worker's" sole remedy for such injury is provided under a workers' compensation law or similar law. 2. SECTION III — LIMITS OF INSURANCE is amended by the addition of the following: This Fellow Employee Coverage is subject to: a. The Each Occurrence Limit shown in the Declarations and is part of, not in addition to, such Each Occurrence Limit. b. The General Aggregate Limit shown in the Declarations. 3. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is amended by the addition of the following to the end thereof: This Fellow Employee Coverage is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. H. GOOD SAMARITAN SERVICES 1. SECTION II — WHO IS AN INSURED, Paragraph 2.a.(1) is amended by the addition of the following to the end thereof: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c), and (d) above do not apply to "bodily injury" caused by providing or failing to provide "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer physician. Any such "employees" or "volunteer workers" providing or failing to provide "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 2. SECTION III — LIMITS OF INSURANCE, Paragraph 5. is amended by the addition of the following to the end thereof: For purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "Good Samaritan services" to any one person will be deemed to be one "occurrence". 3. SECTION V—DEFINITIONS is amended as follows: The definition of 13. "Occurrence" is amended by the addition of the following: "Occurrence" also means an act or omission committed in providing or failing to provide "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. b. The following definition is added: "Good Samaritan services" means any emergency medical services for which no compensation is demanded or received. © QBE , 2021 Includes copyrighted material of Insurance Services Office, Inc., GL-OC-2082 (05-21) with its permission. Page 5 of 8 I. INSURED CONTRACT— LEASE OF PREMISES SECTION V — DEFINITIONS, Paragraph 9.a. is replaced by the following: a. A contract for lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for "property damage" by fire; smoke from a "hostile fire", explosion; lightning; smoke resulting from such explosion or lightning; collision by "mobile equipment" or leakage from fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". J. KNOWLEDGE OR NOTICE OF OCCURRENCE SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit is amended by the addition of the following to the end thereof: Knowledge or notice of an "occurrence", offense, claim or "suit" by your agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manager or any other person you designate has received notice of the "occurrence", offense, claim or "suit" from your agent, servant, or "employee." K. MEDICAL PAYMENTS SECTION I — COVERAGES, COVERAGE C —MEDICAL PAYMENTS, 1. Insuring Agreement, Paragraph a. is replaced by: a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations, provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within three years of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. L. NEWLY ACQUIRED OR FORMED ORGANIZATIONS SECTION II —WHO IS INSURED, Paragraph 3. is replaced by the following: Throughout this policy, the words "you" and "your' also refer to any subsidiary organization you newly acquire or form and over which you maintain 50% or more ownership interest, but only if there is no similar insurance available to that organization. However: a. Named "Insured" does not include any subsidiary organization where similar insurance is unavailable because the organization has exhausted that policy's limits of insurance or the other carrier has become insolvent. b. The coverage does not apply to "bodily injury", "property damage" or "personal and advertising injury" which occurred prior to your acquisition or formation of the organization. c. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization, or (2) The end of the policy period, whichever is earlier. M. NON OWNED WATERCRAFT SECTION I — COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, g. Aircraft, Auto Or Watercraft, Paragraph (2) is replaced by: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge. © GBE , 2021 Includes copyrighted material of Insurance Services Office, Inc., GL-OC-2082 (05-21) with its permission. Page 6 of 8 N. REASONABLE FORCE SECTION 1 — COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, Paragraph a. Expected or Intended Injury is replaced by: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. O. SUPPLEMENTARY PAYMENTS SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is replaced by: SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. e. All court costs taxed against the "insured" in any "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: © OBE, 2021 Includes copyrighted material of Insurance Services Office, Inc., GL-OC-2082 (05-21) with its permission. Page 7 of 8 (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses, or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. P. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended by the addition of the following to the end thereof: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Commercial General Liability Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after the exposure or hazard is discovered. This provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. Q. WAIVER OF SUBROGATION SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following to the end thereof: This condition does not apply to any person or organization to which you waived this condition by written contract or agreement, subject to the following additional provisions: The written contract or agreement containing such waiver must: 1. Be in effect during the policy period shown in the Declarations, and 2. Have been executed prior to the "bodily injury" or "property damage". All other terms and conditions of the policy remain unchanged. © QBE , 2021 Includes copyrighted material of Insurance Services Office, Inc., GL-OC-2082 (05-21) with its permission. Page 8 of 8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ENHANCEMENT Name of Insured: Aquatic Renovation Systems, Inc Policy Number: 161000356 Endorsement Number: CA-BA-2003 (12-20) Effective Date of Endorsement: 07/01/2024 Name of Insurer: NORTH POINTE INSURANCE COMPANY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PRELIMINARY STATEMENT — This endorsement broadens coverage provided under the Coverage Form. However, further limitations and exclusions may apply to these coverages. Read all provisions of this endorsement and the entire policy carefully to determine all rights, duties, coverages and limitations provided. A. BROADENED WHO IS AN INSURED N. LOAN/LEASE PAYOFF COVERAGE B. NEWLY ACQUIRED OR FORMED O. CUSTOM SIGNS AND DECORATIONS ORGANIZATIONS C. LIABILITY COVERAGE EXTENSIONS P. HIRED AUTO PHYSICAL DAMAGE SUPPLEMENTARY PAYMENTS D. FELLOW EMPLOYEE COVERAGE E. POLLUTION LIABILITY — BROADENED COVERAGE FOR COVERED AUTOS F. EXTENDED TOWING G. PHYSICAL DAMAGE COVERAGE EXTENSIONS H. RENTAL REIMBURSEMENT I. AIRBAG COVERAGE J. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT K. TAPES, RECORDS AND DISCS COVERAGE L. PHYSICAL DAMAGE DEDUCTIBLE — SINGLE DEDUCTIBLE AND GLASS REPAIR M. PERSONAL EFFECTS COVERAGE Q. EXTENDED EMPLOYEE HIRED AUTO PHYSI CAL DAMAGE R. EXTRA EXPENSE — STOLEN AUTOS S. PARKED AUTO COLLISION WAIVER OF DEDUCTIBLE T. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS U. WAIVER OF SUBROGATION V. CANCELLATION CONDITION W. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS X. POLICY PERIOD, COVERAGE TERRITORY Y. DEFINITION OF BODILY INJURY AMENDED © QBE , 2020 Includes copyrighted material of Insurance Services Office, Inc., CA-BA-2003 (12-20) with its permission. Page 1 of 6 PROVISIONS A. BROADENED WHO IS AN INSURED C. LIABILITY COVERAGE EXTENSIONS SECTION II — COVERED AUTOS LIABILITY SUPPLEMENTARY PAYMENTS COVERAGE, A. Coverage, 1. Who Is An SECTION II — COVERED AUTOS LIABILITY Insured is amended by the addition of the COVERAGE, A. Coverage, 2. Coverage following: Extensions, a. Supplementary Payments, Employees As Insureds Paragraphs (2) and (4) are replaced by the following: Any employee �� of yours is an Insured" while "auto" � (2) Up to $5,000 for the cost of bail bonds using a covered auto you don't own, hire or (including bonds for related traffic law borrow in your business or your personal affairs. violations) required because of an "accident" Employee Hired Auto we cover. We do not have to furnish these Any "employee" of yours is an "insured" while bonds. using an "auto" hired or rented under a contract (4) All reasonable expenses incurred by the or agreement in that "employee's" name, with "insured" at our request, including actual your permission, while performing duties related loss of earnings up to $500 a day because to the conduct of your business. of time off from work. Additional Insured By Written Contract D. FELLOW EMPLOYEE COVERAGE Any person or organization to whom you are SECTION II — COVERED AUTOS LIABILITY required by a written contract or agreement to COVERAGE, B. Exclusions, 5. Fellow provide additional insured status is an "insured" Employee does not apply if the "bodily injury" under Covered Autos Liability Coverage, but results from the use of a covered "auto" you own only to the extent that person or organization or hire that is not a bus, motorcycle or van used qualifies as an "insured" under Section II.A.1. to transport "employees". Who Is An Insured of this Coverage Form. The written contract or agreement must be in effect This Fellow Employee Coverage is excess over during the policy period shown in the any other collectible insurance. Declarations and must have been executed prior E. POLLUTION LIABILITY — BROADENED to the "bodily injury" or "property damage". COVERAGE FOR COVERED AUTOS B. NEWLY ACQUIRED OR FORMED 1. SECTION II — COVERED AUTOS ORGANIZATIONS LIABILITY COVERAGE, B. Exclusions is Throughout this policy, the words "you" and "your" amended as follows: also refer to any subsidiary organization you a. 11. Pollution, Paragraph a. applies only newly acquire or form and over which you to liability assumed under a contract or maintain 50% or more ownership interest, but agreement. only if there is no similar insurance available to b. With respect to the coverage afforded by that organization. Paragraph 1.a. above, 6. Care, Custody However: Or Control does not apply. 1. "Insured" does not include any subsidiary 2. Changes in Definitions organization where similar insurance is For the purposes of this endorsement, unavailable because the organization has SECTION V — DEFINITIONS, Paragraph D. exhausted that policy's limits of insurance or is replaced by the following: the other carrier has become insolvent. D. "Covered pollution cost or expense" 2. The coverage does not apply to an means any cost or expense arising out "accident" which occurred prior to your of: acquisition or formation of the organization. 1. Any request, demand, order or 3. Unless you notify us to add coverage to your statutory or regulatory requirement policy, the coverage under this provision is that any "insured" or others test for, afforded only until: monitor, clean up, remove, contain, a. The 180th day after you acquire or form treat, detoxify or neutralize, or in any the organization, or way respond to, or assess the b. The end of the policy period, whichever effects of "pollutants"; or is earlier. © 9BE., 2020 Includes copyrighted material of Insurance Services Office, Inc., CA-BA-2003 (12-20) with its permission. Page 2 of 6 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. This Pollution Liability Coverage is subject to an Annual Aggregate Limit of Liability of $100,000. F. EXTENDED TOWING SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing And Labor is replaced by the following: 2. Extended Towing And Labor We will pay for towing and labor costs each time a covered "auto" is disabled. All labor must be performed at the place of disablement. The most we will pay under this Extended Towing coverage is $750 per occurrence. No deductible applies to this coverage. G. PHYSICAL DAMAGE COVERAGE EXTENSIONS SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended as follows: a. Transportation Expenses The amount we will pay for temporary transportation expense is increased to $75 per day to a maximum of $3,000. b. Loss of Use Expenses The amount we will pay for loss of use is increased to $75 per day and to a maximum limit of $1,000. H. RENTAL REIMBURSEMENT 1. This coverage applies only to a covered "auto" described or designated in the Schedule or in the Declarations as carrying physical damage coverage. 2. 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 coverage you have on each covered "auto". 3. 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. 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 return it to you; or b. 30 days. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred; or b. $75 per day 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. 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 Z © 9BE., 2020 Includes copyrighted material of Insurance Services Office, Inc., CA-BA-2003 (12-20) with its permission. Page 3 of 6 under SECTION III — PHYSICAL DAMAGE COVERAGE in Paragraph A.4. Coverage Extensions. No deductible applies to this coverage. I. AIRBAG COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 3.a. is amended by the addition of the following: This exclusion does not apply to the unintended discharge of an airbag. J. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: 1. C. Limits Of Insurance, Paragraph 1.b. is amended as follows: The $1,000 limit is increased to $1,500. 2. D. Deductible does not apply to coverage provided in C. Limits Of Insurance, Paragraph 1.b. K. TAPES, RECORDS AND DISCS COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 4.a. is replaced by the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or data electronic devices: (1) Are your property or that of a family member, and (2) Are in a covered "auto" at the time of "loss". The most we will pay for 'loss" under this Tapes, Records and Discs Coverage is $200. No Physical Damage Coverage deductible applies to this coverage. L. PHYSICAL DAMAGE DEDUCTIBLE — SINGLE DEDUCTIBLE AND GLASS REPAIR SECTION III — PHYSICAL DAMAGE COVERAGE, D. Deductible is replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations prior to the application of the Limit of Insurance. Any Comprehensive Coverage deductible shown in the Declarations does not apply to 'loss" caused by fire or lightning. When two or more covered "autos" sustain "loss" in the same occurrence, the total of all the 'loss" for all the involved covered "autos" will be reduced by a single deductible, which will be the largest of all the deductibles applying to all such covered "autos." No deductible applies to glass damage if the glass is repaired rather than replaced. M. PERSONAL EFFECTS COVERAGE 1. If you purchase Comprehensive Coverage on this policy for a stolen owned "auto", we will pay up to $1,000 for "personal effects" stolen with the "auto". 2. "Personal effects" as used in this extension means tangible property that is worn or carried by the "insured". "Personal effects" does not include tools, jewelry, money, securities, radar or laser detectors, or tapes, records, discs or similar audio, visual or data electronic equipment. No deductible applies to this coverage. The insurance provided by this extension is excess over any other collectible insurance. N. LOAN/LEASE PAYOFF COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: In the event of a total 'loss" to a covered "auto" shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the 'loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. O. CUSTOM SIGNS AND DECORATIONS © QBE., 2020 Includes copyrighted material of Insurance Services Office, Inc., CA-BA-2003 (12-20) with its permission. Page 4 of 6 In the event of a total "loss" to a vehicle insured for auto physical damage coverage on this policy, in addition to the ACV of the vehicle, we will pay the actual cost to repair or replace signage or custom paint details up to $5,000. P. HIRED AUTO PHYSICAL DAMAGE If hired "autos" are covered "autos" for Liability Coverage and if Physical Damage Coverage of Comprehensive, Specified Causes of Loss, or Collision are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire of like kind and use subject to the following limit: The most we will pay for any one "loss" is the lesser of the following.- 1. $100,000 per "accident"; 2. Actual Cash Value; or 3. The cost of repair. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. This Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will pay the extra expense of returning a stolen covered "auto" to you if: (1) The Declarations indicates that Comprehensive Coverage is provided for the stolen covered "auto"; or (2) The Declarations indicates that Specified Causes of Loss is provided for the stolen covered "auto". However, the most we will pay for any extra expense under this Coverage Extension is $1,000. S. PARKED AUTO COLLISION WAIVER OF DEDUCTIBLE SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph D. Deductible is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to a covered "auto" of the private passenger type or light weight truck with a maximum gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer while it is: Q. EXTENDED EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, Paragraph b. is replaced by T 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 (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. EXTRA EXPENSE — STOLEN AUTOS SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by the addition of the following: Extra Expense — Stolen Autos 1. In the charge of an "insured"; 2. Legally parked; and 3. Unoccupied. The "loss" must be reported to the police within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization in the automobile business. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, Paragraph a. is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you, your insurance manager or any other person you designate must give us or our authorized representative prompt notice of such "accident" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. © QBE , 2020 Includes copyrighted material of Insurance Services Office, Inc., CA-BA-2003 (12-20) with its permission. Page 5 of 6 Knowledge of an "accident", claim, "suit" or "loss" by your agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manager or any other person you designate has received notice of the "accident", claim, "suit" or "loss" from your agent, servant, or "employee". U. WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is amended as follows: This condition does not apply to any person or organization to which you waived this condition by written contract or agreement, but only to the extent that subrogation is waived prior to the "accident" or "loss" under a contract with that person or organization. V. CANCELLATION CONDITION Subject to any statute or regulation requiring a longer time period, if we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 90 days prior to the effective date of cancellation. W. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of this Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. X. POLICY PERIOD, COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory is replaced by: 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Declarations; and (1) The United States of America; (2) The territories and possessions of the United States of America; (3) Puerto Rico; (4) Canada; and (5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 30 days or less, provided that the "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada, or in a settlement we agree to. We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. Y. DEFINITION OF BODILY INJURY AMENDED SECTION V — DEFINITIONS, Paragraph C. is replaced the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, injury or illness or emotional distress and/or death resulting from any of these at any time. None of the extensions provided under this coverage endorsement apply if coverage is more specifically identified elsewhere in the policy or endorsements, for which a premium charge is made or a higher limit is identified. Under no circumstances is any limit provided under this extension to be combined with a limit provided elsewhere in the policy or endorsements. All other terms and conditions of this policy remain unchanged. b. Within the coverage territory. The coverage territory is: © 9BE., 2020 Includes copyrighted material of Insurance Services Office, Inc., CA-BA-2003 (12-20) with its permission. Page 6 of 6 M-1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY AND NON-CONTRIBUTORY Name of Insured: Aquatic Renovation Systems Inc Policy Number: 161000356 Endorsement Number: CA-U-2014 (12-20) Effective Date of Endorsement: 07/01/2024 Name of Insurer: NORTH POINTE INSURANCE COMPANY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Insured (s): Any person or organization for whom you are contractually bound to provide additional insured status, but only to the extent of such person's or organization's liability arising out of the use of a covered auto. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following is added to the Other Insurance Condition in the BUSINESS AUTO COVERAGE FORM and the Other Insurance — Primary And Excess Insurance Provisions in the MOTOR CARRIER COVERAGE FORM and supersedes any provision to the contrary: B. This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contri- bution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is named in the SCHEDULE above; 2. You have agreed in writing in a contract or agreement that this insurance would be pri- mary and would not seek contribution from any other insurance available to such "in- sured"; and 3. Such contract or agreement is in effect dur- ing the policy period and is signed and exe- cuted before any damage or "loss" occurs. The following is added to the Other Insurance Condition in the AUTO DEALERS COVERAGE FORM and supersedes any provision to the con- trary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is named in the SCHEDULE above; © c, , 2020 Includes copyrighted material of Insurance Services Office, Inc., CA-U-2014 (12-20) with its permission. Page 1 of 2 2. You have agreed in writing in a contract or agreement that this insurance would be pri- mary and would not seek contribution from any other insurance available to such "in- sured"; and 3. Such contract or agreement is in effect dur- ing the policy period and is signed and exe- cuted before any damage or "loss" occurs. All other terms and conditions of the policy remain unchanged. © QBE , 2020 Includes copyrighted material of Insurance Services Office, Inc., CA-U-2014 (12-20) with its permission. Page 2 of 2 COMMERCIAL LIABILITY UMBRELLA CU 00 01 0413 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'bur" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the "ultimate net loss" in excess of the "retained limit" because of "bodily injury' or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking damages for such "bodily injury' or "property damage" when the "underlying insurance" does not provide coverage or the limits of "underlying insurance" have been exhausted. When we have no duty to defend, we will have the right to defend, or to participate in the defense of, the insured against any other "suit' seeking damages to which this insurance may apply. However, we will have no duty to defend the insured against any "suit' seeking damages for "bodily injury' or "property damage" to which this insurance does not apply. At our discretion, we may investigate any 'occurrence" that may involve this insurance and settle any resultant claim or "suit" for which we have the duty to defend. But: (1) The amount we will pay for the "ultimate net loss" is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury' or "property damage" that is subject to an applicable "retained limit'. If any other limit, such as a sublimit, is specified in the "underlying insurance", this insurance does not apply to "bodily injury' or "property damage" arising out of that exposure unless that limit is specified in the Declarations under the Schedule of "underlying insurance". C. This insurance applies to "bodily injury' and "property damage" only if: (1) The "bodily injury' or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory'; (2) The "bodily injury' or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1.a. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury' or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury' or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. d. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1.a. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim, includes any continuation, change or resumption of that "bodily injury' or "property damage" after the end of the policy period. CU 00 0104 13 © Insurance Services Office, Inc.,2012 Page 1 of 18 e. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.a. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. f. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contractor agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage" involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid "underlying insurance" for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury" and "property damage". To the extent this exclusion does not apply, the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. Page 2 of 18 © Insurance Services Office, Inc.,2012 CU 00 010413 d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 (ERISA), and any amendments thereto or any similar federal, state or local statute. f. Auto Coverages (1) "Bodily injury" or "property damage" arising out of the ownership, maintenance or use of any "auto" which is not a "covered auto"; or (2) Any loss, cost or expense payable under or resulting from any first -party physical damage coverage; no-fault law; personal injury protection or auto medical payments coverage; or uninsured or underinsured motorist law. g. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". With respect to injury arising out of a "covered auto", this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits. For the purposes of this insurance, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. This exclusion does not apply to the extent that valid "underlying insurance" for the employer's liability risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury". To the extent this exclusion does not apply, the insurance provided under this Coverage Part for the employer's liability risks described above will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. h. Employment -related Practices "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment -related practices described in Paragraph (a), (b), or (c) above is directed. This exclusion applies whether the injury - causing event described in Paragraph (a), (b) or (c) above occurs before employment, during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of the injury. i. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time; or (2) "Pollution cost or expense" CU 00 01 0413 © Insurance Services Office, Inc.,2012 Page 3 of 18 This exclusion does not apply if valid "underlying insurance" for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury" and "property damage". To the extent this exclusion does not apply, the insurance provided under this Coverage Part for the pollution risks described above will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. j. Aircraft Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; (3) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (4) The extent that valid "underlying insurance" for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury" or "property damage". To the extent this exclusion does not apply, the insurance provided under this Coverage Part for the aircraft or watercraft risks described above will follow the same provisions, exclusions and limitations that are contained in the "underlying insurance", unless otherwise directed by this insurance; or (5) Aircraft that is: (a) Chartered by, loaned to, or hired by you with a paid crew; and (b) Not owned by any insured. k. Racing Activities "Bodily injury" or "property damage" arising out of the use of "mobile equipment" or "autos" in, or while in practice for, or while being prepared for, any prearranged professional or organized racing, speed, demolition, or stunting activity or contest. I. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. m. Damage To Property "Property damage" to: (1) Property (a) You own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; or (b) Owned or transported by the insured and arising out of the ownership, maintenance or use of a "covered auto". (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or Page 4 of 18 © Insurance Services Office, Inc.,2012 CU 00 0104 13 (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (1)(b), (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". n. Damage To Your Product "Property damage" to "your product' arising out of it or any part of it. o. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. p. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product' or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product' or "your work" after it has been put to its intended use. q. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product'; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. r. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". s. Professional Services "Bodily injury" or "property damage" due to rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings or specifications; (3) Inspection, supervision, quality control, architectural or engineering activities done by or for you on a project on which you serve as construction manager; (4) Engineering services, including related supervisory or inspection services; (5) Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction; (6) Any health or therapeutic service treatment, advice or instruction; (7) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy; (8) Any service, treatment, advice or instruction relating to physical fitness, including service, treatment, advice or instruction in connection with diet, cardiovascular fitness, bodybuilding or physical training programs; (9) Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (10) Body piercing services; (11) Services in the practice of pharmacy; (12) Law enforcement or firefighting services; and (13) Handling, embalming, disposal, burial, cremation or disinterment of dead bodies. CU 00 0104 13 © Insurance Services Office, Inc.,2012 Page 5 of 18 This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", involved the rendering of or failure to render any professional service. t. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access or inability to manipulate electronic data. However, this exclusion does not apply to liability for damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid "underlying insurance" for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury" and "property damage". The insurance provided under this Coverage Part will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. u. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FORA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the "ultimate net loss" in excess of the "retained limit because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit' seeking damages for such "personal and advertising injury" when the "underlying insurance" does not provide coverage or the limits of "underlying insurance" have been exhausted. When we have no duty to defend, we will have the right to defend, or to participate in the defense of, the insured against any other "suit' seeking damages to which this insurance may apply. However, we will have no duty to defend the insured against any "suit' seeking damages for "personal and advertising injury" to which this insurance does not apply. At our discretion, we may investigate any offense that may involve this insurance and settle any resultant claim or "suit' for which we have the duty to defend. But: (1) The amount we will pay for the "ultimate net loss" is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" that is subject to an applicable "retained limit'. If any other limit, such as a sublimit, is specified in the "underlying insurance", this insurance does not apply to "personal and advertising injury" arising out of that exposure unless that limit is specified in the Declarations under the Schedule of "underlying insurance". c. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. Page 6 of 18 © Insurance Services Office, Inc.,2012 CU 00 010413 2. Exclusions This insurance does not apply to: a. "Personal and advertising injury": (1) Knowing Violation Of Rights Of Another Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". (2) Material Published With Knowledge Of Falsity Arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. (3) Material Published Prior To Policy Period Arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. (4) Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. (5) Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (a) Liability for damages that the insured would have in the absence of the contract or agreement. (b) Liability for false arrest, detention or imprisonment assumed in a contract or agreement. (6) Breach Of Contract Arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". (7) Quality Or Performance Of Goods — Failure To Conform To Statements Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". (8) Wrong Description Of Prices Arising out of the wrong description of the price of goods, products or services stated in your "advertisement". (9) Infringement Of Copyright, Patent, Trademark Or Trade Secret Arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. (10) Insureds In Media And Internet Type Businesses Committed by an insured whose business is: (a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. (11) Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. (12) Unauthorized Use Of Another's Name Or Product Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. (13) Pollution Arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at anytime. CU 00 01 04 13 © Insurance Services Office, Inc.,2012 Page 7 of 18 (14) Employment -related Practices To: (a) A person arising out of any: (i) Refusal to employ that person; (ii) Termination of that person's employment; or (iii) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or (b) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment -related practices described in Paragraph (i), (ii) or (iii) above is directed. This exclusion applies whether the injury - causing event described in Paragraph (i), (ii) or (iii) above occurs before employment, during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (15) Professional Services Arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (a) Legal, accounting or advertising services; (b) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings or specifications; (c) Inspection, supervision, quality control, architectural or engineering activities done by or for you on a project on which you serve as construction manager; (d) Engineering services, including related supervisory or inspection services; (e) Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction; (f) Any health or therapeutic service treatment, advice or instruction; (g) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy; (h) Any service, treatment, advice or instruction relating to physical fitness, including service, treatment, advice or instruction in connection with diet, cardiovascular fitness, bodybuilding or physical training programs; (i) Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (j) Body piercing services- (k) Services in the practice of pharmacy; (1) Law enforcement or firefighting services; and (m) Handling, embalming, disposal, burial, cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional service. (16) War However caused, arising, directly or indirectly, out of: (a) War, including undeclared or civil war; (b) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (c) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Page 8 of 18 © Insurance Services Office, Inc.,2012 CU 00 01 0413 (17) Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate: (a) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (b) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (c) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (d) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. b. "Pollution cost or expense". SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend, when the duty to defend exists: a. All expenses we incur. b. Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "occurrence" we cover. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. When we have the right but not the duty to defend the insured and elect to participate in the defense, we will pay our own expenses but will not contribute to the expenses of the insured or the "underlying insurer". 3. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and CU 00 0104 13 © Insurance Services Office, Inc.,2012 Page 9 of 18 (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II —WHO IS AN INSURED 1. Except for liability arising out of the ownership, maintenance or use of "covered autos": a. If you are designated in the Declarations as: (1) An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (2) A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. (3) A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. (4) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (5) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. b. Each of the following is also an insured: (1) Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (a) "Bodily injury" or "personal and advertising injury": (i) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co - "employee" in the course of his or her employment or performing duties related to the conduct of your business or to your other "volunteer workers" while performing duties related to the conduct of your business; (i i) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (a)(i) above; or (iii) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (a)(i) or (ii) above. (b) "Property damage" to property: (i) Owned, occupied or used by; (ii) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). (2) Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. Page 10 of 18 ©Insurance Services Office, Inc.,2012 CU 00 01 0413 (3) Any person or organization having proper temporary custody of your property if you die, but only: (a) With respect to liability arising out of the maintenance or use of that property; and (b) Until your legal representative has been appointed. (4) Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. c. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: (1) Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; (2) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership, maintenance or use of "covered autos": a. You are an insured. b. Anyone else while using with your permission a "covered auto" you own, hire or borrow is also an insured except: (1) The owner or anyone else from whom you hire or borrow a "covered auto". This exception does not apply if the "covered auto" is a trailer or semitrailer connected to a "covered auto" you own. (2) Your "employee" if the "covered auto" is owned by that "employee" or a member of his or her household. (3) Someone using a "covered auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a "covered auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a "covered auto" owned by him or her or a member of his or her household. (6) "Employees" with respect to "bodily injury" to: (a) Any fellow "employee" of the insured arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or (b) The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph (a) above. c. Anyone liable for the conduct of an insured described above is also an insured, but only to the extent of that liability. 3. Any additional insured under any policy of "underlying insurance" will automatically be an insured under this insurance. Subject to Section III — Limits Of Insurance, if coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement, less any amounts payable by any "underlying insurance"; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the "underlying insurance". No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CU 00 01 0413 © Insurance Services Office, Inc.,2012 Page 11 of 18 SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made, "suits" brought, or number of vehicles involved; or c. Persons or organizations making claims or bringing "suits". 2. The Aggregate Limit is the most we will pay for the sum of all "ultimate net loss" under: a. Coverage A, except "ultimate net loss" because of "bodily injury" or "property damage" arising out of the ownership, maintenance or use of a "covered auto"; and b. Coverage B. 3. Subject to Paragraph 2. above, the Each Occurrence Limit is the most we will pay for the sum of all "ultimate net loss" under Coverage A because of all "bodily injury" and "property damage" arising out of any one "occurrence". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all "ultimate net loss" because of all "personal and advertising injury" sustained by any one person or organization. 5. If there is "underlying insurance" with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part, the "retained Iimit(s)" will only be reduced or exhausted by payments for: a. "Bodily injury" or "property damage" which occurs during the policy period of this Coverage Part; or b. "Personal and advertising injury" for offenses that are committed during the policy period of this Coverage Part. However, if any "underlying insurance" is written on a claims -made basis, the "retained Iimit(s)" will only be reduced or exhausted by claims for that insurance that are made during the policy period, or any Extended Reporting Period, of this Coverage Part. The Aggregate Limit, as described in Paragraph 2. above, applies separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV —CONDITIONS 1. Appeals If the "underlying insurer" or insured elects not to appeal a judgment in excess of the "retained limit", we may do so at our own expense. We will also pay for taxable court costs, pre- and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section III — Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the "underlying insurer" will not relieve us of our obligations under this Coverage Part. However, this insurance will not replace the "underlying insurance" in the event of bankruptcy or insolvency of the "underlying insurer". This insurance will apply as if the "underlying insurance" were in full effect. 3. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless of the amount, which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; Page 12 of 18 © Insurance Services Office, Inc.,2012 CU 00 010413 (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 4. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. b. When this insurance is excess over other insurance, we will pay only our share of the "ultimate net loss" that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and (2) The total of all deductible and self -insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 7. Representations Or Fraud By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; c. We have issued this policy in reliance upon your representations; and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. CU 00 0104 13 © Insurance Services Office, Inc.,2012 Page 13 of 18 10.When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 11.Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until: a. The insured or insured's "underlying insurer" has become obligated to pay the "retained limit"; and b. The obligation of the insured to pay the "ultimate net loss" in excess of the "retained limit" has been determined by a final settlement or judgment or written agreement among the insured, claimant and us. 12.Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements, the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or "suits" seeking damages to which this insurance applies which would have been covered by the "underlying insurance" had the applicable limit not been used up. 13.Maintenance Of/Changes To Underlying Insurance Any "underlying insurance" must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such "underlying insurance" that results from payment of claims, settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain "underlying insurance". Failure to maintain "underlying insurance" will not invalidate insurance provided under this Coverage Part, but insurance provided under this Coverage Part will apply as if the "underlying insurance" were in full effect. If there is an increase in the scope of coverage of any "underlying insurance" during the term of this policy, our liability will be no more than it would have been if there had been no such increase. You must notify us in writing, as soon as practicable, if any "underlying insurance" is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any "underlying insurance" is changed. 14.Expanded Coverage Territory a. If a "suit" is brought in a part of the "coverage territory" that is outside the United States of America (including its territories and possessions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from defending the insured, the insured will initiate a defense of the "suit". We will reimburse the insured, under Supplementary Payments, for any reasonable and necessary expenses incurred for the defense of a "suit" seeking damages to which this insurance applies, that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the "coverage territory" that is outside the United States of America (including its territories and possessions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from paying such sums on the insured's behalf, we will reimburse the insured for such sums. b. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. All payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. c. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America (including its territories and possessions), Canada or Puerto Rico. d. The insured must fully maintain any coverage required by law, regulation or other governmental authority during the policy period, except for reduction of the aggregate limits due to payments of claims, judgments or settlements. Failure to maintain such coverage required by law, regulation or other governmental authority will not invalidate this insurance. However, this insurance will apply as if the required coverage by law, regulation or other governmental authority was in full effect. Page 14 of 18 © Insurance Services Office, Inc.,2012 CU 00 01 0413 SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, disability, sickness or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". 4. "Coverage territory" means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. 5. "Covered auto" means only those "autos" to which "underlying insurance" applies. 6. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 7. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work", or your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". g. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or CU 00 01 0413 C Insurance Services Office, Inc.,2012 Page 15 of 18 (3) That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a "covered auto" over a route or territory that person or organization is authorized to serve by public authority. 10."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads,- d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or (2) Cherry pickers and similar devices used to g. Infringing upon another's copyright, trade dress raise or lower workers; or slogan in your "advertisement". Page 16 of 18 © Insurance Services Office, Inc.,2012 CU 00 010413 15."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16."Pollution cost or expense" means any loss, cost or expense arising out of any: a. Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, .,pollutants". 17. "Prod ucts-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product' or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (C) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 18."Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. With respect to the ownership, maintenance or use of "covered autos", property damage also includes "pollution cost or expense", but only to the extent that coverage exists under the "underlying insurance" or would have existed but for the exhaustion of the underlying limits. For the purposes of this insurance, with respect to other than the ownership, maintenance or use of "covered autos", electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 19."Retained limit' means the available limits of "underlying insurance" scheduled in the Declarations or the "self -insured retention", whichever applies. 20."Self-insured retention" means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to 'occurrences" or offenses not covered by the "underlying insurance". The "self - insured retention" does not apply to 'occurrences" or offenses which would have been covered by "underlying insurance" but for the exhaustion of applicable limits. 21."Suit' means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit' includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or CU 00 01 0413 © Insurance Services Office, Inc.,2012 Page 17 of 18 b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the "underlying insurer's" consent. 22."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 23."Ultimate net loss" means the total sum, after reduction for recoveries or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the "underlying insurer's" consent. 24."Underlying insurance" means any policies of insurance listed in the Declarations under the Schedule of "underlying insurance". 25."Underlying insurer" means any insurer who provides any policy of insurance listed in the Schedule of "underlying insurance". 26."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 27."Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 18 of 18 © Insurance Services Office, Inc.,2012 CU 00 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - OTHER INSURANCE - PRIMARY AND NONCONTRIBUTORY Name of Insured: Aquatic Renovation Systems Inc Policy Number: 191000422 Endorsement Number: UM-CU-2001 (08-20) Effective Date of Endorsement: 07/01/2024 Name of Insurer: QBE INSURANCE CORPORATION This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Solely as respects any person(s) or organization(s) that qualify as an additional insured under SECTION II — WHO IS AN INSURED, Paragraph 3., SECTION IV — CONDITIONS, Paragraph 5. Other Insurance is amended by the addition of the following: Notwithstanding Paragraphs a. and b. above, this insurance is primary and will not seek contribution from any other insurance available to such person(s) or organization(s) under your policy provided that: (1) Such person(s) or organization(s) is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement (entered into prior to any "occurrence", offense, claim or "suit") that this insurance would be primary and would not seek contribution from any other insurance available to such person(s) or organization(s) provided that the limit of insurance required in such written contract or agreement exceeds the applicable limits of the "underlying insurance". The limit of insurance afforded to such person(s) or organization(s) under this policy shall be the lessor of: (a) The Limits of Insurance shown in the Declarations of this policy; or (b) The limit of insurance required in the written contract or agreement. B. In no event shall the coverage afforded by this endorsement increase the Limits of Insurance shown in the Declarations of this policy or any "underlying insurance". All other terms and conditions of this policy remain unchanged. Im © ► , 2020 Includes copyrighted material of Insurance Services Office, Inc., UM-CU-2001 (08-20) with its permission. Page 1 of 1 Additional Named Insureds Other Named Insureds Aquatic Renovation Systems Inc dba Metfab Insured Multiple Names Renovation Systems Inc dba Vanguard Precast tic Renovation Systems, Inc. tic Renovation Systems, Inc. dba Renosys Corpor PoolEquip LLC South Canyon LLC Insured Multiple Names Insured Multiple Names Insured Multiple Names Insured Multiple Names Insured Multiple Names I OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC I