Loading...
HomeMy WebLinkAbout2021-006 PO 20210322- JM Construction Inc CITY RECORDER •/Purchase Order Fiscal Year 2021 Page: 1 of: 1 . B City of Ashland =_ LATTN:Accounts Payable Purchase Ashland,aiOR 97520 Order# 20210322 T Phone:541/552-2010 O Email: payable@ashland.or.us ✓ H CIO Public Works Department E JM CONSTRUCTION INC I 51 Winburn Way • N PO BOX 1637 P Ashland,OR 97520 ` • SHADY COVE,OR 97539 Phone:541/488-5347 R T Fax:541/488-6006 a E[T st)�t"�ahll.t l 3�= t=i `slkil iQ� �t=l.t§[it i W17:ii = r_106ac_3t:1t 3 t — (541 878-7810 Scott Fleu j 3-=— atil[E sl lit 1;§I_l� I �.L•= __ 1 3f :73t.33r�-,�I t•urara- 04/08/2021 593 FOB ASHLAND OR/NET30 . City Accounts Payable __. v . -:_ _--- �-r. nla��-'�df�l[��� Eft-,--_ Repair Retaining Wall 1 Repair of retaining wall at 175 Piedmont 1.0 $4,800.00 $4,800.00 .Goods and Services Agreement(Less than$25,000) Completion date: June 30,2021 Project Account: ***************GL SUMMARY 081200-602400 $4,80000 • • • • • I ' I 1 By: Date. EL-___ Authorized Signature a_7 4 800.00 ie" , • FORM #3 CITY O lF ASHLAND A rog1l1.f;i:fora kirc6laf O Cv(:o Dom -- `{EQUMSIITBON Date of request: 0410212021 Required date for delivery: Vendor Name JM Construction Address,City,State,Zip PO Box 1637 Shady Cove,OR 97539 Contact Name&Telephone Number Jason Myers 541-878-7810 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ invitation to Bid ❑ Emergency, ❑ Reason for exemption: Date approved by Council: 0 Form 1113,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) 0 Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5.000 Date approved by Council: ❑ State of Oregon IN Direct Award (Attach copy of council communication) Contract 11 ❑ Verbal/Written bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) 0 Slate of Washington Date approved by Council: Contract# (Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement . 0 Sole Source Agency GOODS&SERVICES ❑ Appiiicable Form(115,63 or 8) Contract 11 Greater than$5,000 and less than$100.000 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached 0 Form 114,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council:_ ❑ Annual cost to City does not exceed$25,000. '_ Greater than$5,000 and less than$75.000 Valid until: _. . Date Agreement approved by Legal and approved/signed by O Less than$35,000,by direct appointment ❑ Special Procurement - qy Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached ❑ Form 119,Request for Approval 0 Annual cost to City exceeds$25,000,Council ❑ Form 114,Personal Services$5K to$75K 0 Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: Valid until: (Date) - Description of SERVICES - Total Cost t Repair of retaining wall al 175 Piedmont _ .' . . - . . 4,800.00 . Item# Quantity Unit Description of MATERIALS Unit Price Total Cost O Per attached quote/proposal . TOTAL COST _ Project Number Account Numbertt.,1n_-&M Account Number - Account Number - I' 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases; IT Director Date Support-Yes/No Bysigning this equisilion form,l certify(h t he City's public contracting requirements have been satisfied • Employee:V CPAIMPKI DepartmentHead: �� ► �� ojgreLot- W 11-1ii�:Itoorgreaterthan$5,000) Department Manager/Supervisor: City Mana - - ; l Itoorgreaterthan$25,000) • Funds appropriated for current fiscal year: YE , 0• „/ �i� m 2.T'eclor:(,gaarto org':.h ma• • i,+l Date Comments: o Fermin-Requisition l�- GOODS AND SERVICES AGREEMENT (LESS THAN $25,000) PROVIDER: JM Construction Inc. • CITY OF PROVIDER'S CONTACT: Jason Myers ASHLAND 20 East Main Street ADDRESS: P.O. Box 1637 Ashland,Oregon 97520 Shady Cove, Oregon 97539 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: 541-878-7810 This Goods and Services Agreement (hereinafter "Agreement"). is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and JM Construction Inc., (a domestic corporation) ("hereinafter"Provider"), for Repair of Rock Retaining Wall at 175 Piedmont,:Ashland. 1. PROVIDER'S OBLIGATIONS 1.1 Provide Repair of Rock Retaining Wall at 175 Piedmont, Ashland as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The Services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or.-the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an"occurrence" and not a "claims made" form,:and shall: • Name as additional insured "the City of Ashland, Oregon, its officers; agents and employees" with respect to claims arising out of the provision of Work: under this Agreement; • Apply to each named and additional:named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and Page 1 of 6: Goods and Services Agreement between the City of Ashland and JM Construction Inc. • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 Provider shall, at its own expense,maintain Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rulesand regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $22,002.43 or more, Provider is requiredto comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in.that chapter,.to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as"Exhibit A"predominantly in areas where it will be seen by all employees. 1.7 Assignment: Provider shall not assignthis Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted- assignment or subcontract without written consent of the City shall be void. Provider shall be fully responsible for the acts or omissions-of any assigns or subcontractors and of all persons employed:by them,and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$4,800.00 (forty-eight hundred dollars) as'provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $4,800.00 (forty-eight hundred dollars) without express, written approval from the City official whose: signature appears.below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. Page 2 of 6: Goods and Services Agreement between the City of Ashland and JM Construction Inc. • I • 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.5 This Agreement may be amendedonly by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be.in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the otherparty, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts,accidents, or otherevents beyond the control of the other orthe other's officers, employees or agents. . 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision=shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods. Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects, fraud, and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole-or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture. Provider shall transfer all warranties to the City.. Page 3 of 6: Goods and Services Agreement between the City of Ashland and JM Construction Inc. 4. SUPPORTING DOCUMENTS The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Proposal dated March 23, 2021. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: • 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedyor remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous:amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 30, 2021; unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time.; 6.2.2 The City may,upon not less than thirty (30)days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City:. City of Ashland-Public Works Department Attn: Karl Johnson 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-5587 With a copy to: . Page 4 of 6: Goods and Services Agreement between the City of Ashland and JM Construction Inc. • City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: JM Construction Inc. Attn: Jason Myers P.O. Box 1637 Shady Cove, Oregon 97539 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters.316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and. (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. Page 5 of 6: Goods and Services Agreement between the City of Ashland and JM Construction Inc. CITY OF ASHLAND: JM CONSTRUCTION INC. (PROVIDER): By: TAIIIIPP- By: a/..sv,, 1 ''`-fie Sign t e Z5 so N MYEIS Printed Name Printed Name pvca -tc, E 5 t'br/ 1 T Title Title 2021 03/2y/2021 ate Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. Page 6 of 6: Goods and Services Agreement between the City of Ashland and JM Construction Inc. • 1 ) c P.O.Box 1637 y Shady Cove,Oregon 97539 (541) 878-7810 Fax: (541) 878-7811 zEmail:jmconstructioninc@earthlink.net ccb#162365 n PROPOSAL & CONTRACT Date: March 23,2021 Proposal Submitted To: Karl Johnson City of Ashland 20 East Main Ashland, Oregon 97520 Phone: (541) 488-5347 Cell: (541) 951.1415 Email: karl.johnson@ashland.or.us PROJECT SITE: 175 Piedmont,Ashland, Oregon 97520 REFERENCE DOCUMENTS: NONE. Verbal conversation per Karl Johnson (City of Ashland.- Engineering) and Jason Myers (JMC). WE PROPOSE hereby to furnish labor &materials as detailed below for the lump sum cost of: FOUR THOUSAND,EIGHT HUNDRED DOLLARS - $4,800.00 1. Repair Rock Retaining Wall EXCLUSIONS: Engineering and Soil Testing Permits and Fees Surveys and Locates -_ _ Sand Landscaping and Irrigation : Vaults. Conduit PVC/Fiberglass materials PAYMENT TERMS: Progress invoices will be supplied by JM Construction Inc. at the end of each month and shall be paid by the:customer no later than the 10t of the subsequent month. Any amounts and/or balances in arrears more than thirty (30)days will be subject to 1.5%per month interest or as allowed by law. DISCLOSURES: All material is guaranteed to be as specified. All work to be completed ina_ workmanlike manner according to standard practices. Any alterajtion or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. However, JM Construction Inc. shall not be deemed to have waived its right to compensation for extra work if the extra work was not provided for in writing, but shall be paid the reasonable value for such work performed. All agreements contingent upon strikes, accidents or delays are beyond our control. Any dispute or controversy arising out of the terms, conditions, or requirements of this agreement which exceed $4,000.00 in possible damages shall be submitted to arbitration in accordance with the American Arbitration Association Construction Industry Arbitration Rules and judgment rendered by the arbitrator shall be entered into any court of competent jurisdiction. The prevailing party in any suit or action or arbitration or administrative proceeding (including Construction Contractors _\ _ • y, A s' � a �J P.O.Box 1637 a Shady Cove,Oregon 97539 c (541) 878-7810 Fax: (541) 878-7811 z Email:sales@jmconstructionoregon.com n ccb#162365 Board Claims) brought under the terms of this agreement to enforce or interpret any provision herein, shall be awarded attorneys fees and costs as may be adjudged reasonable by the Arbitration panel, administrative authority, court, or appellate court. Owner to carry homeowner's insurance on property site. .JMC workers are fully covered by Workman's Compensation Insurance. Differing Site Conditions: Any undisclosed or unforeseen subsurface conditions that arise upon excavation that are not deemed"standard" shall be considered above the contract price and shall be converted to time and material for all extra conditions. (e.g. any soils unable to be excavated with a typical backhoe, excavator, etc.) JM Construction Inc.'s Right to Photograph the Work: Customer shall permit JM Construction Inc. or person(s)employed or engaged by JM Construction Inc., without compensation or consideration to the Customer,to take photographs at the project site of both completed work and work in progress, for purposes including, but not limited to, publication in newspapers; magazines, and other print media, use in broadcast media, publication via the Internet, and use in marketing materials used by JM Construction Inc. Such photographs and any accompanying descriptions shall not identify Customer or the property address of the project without the express written consent of Customer. WARRANTY: Warranty and/or guarantee period shall be the standard one(1)year from the date of substantial completion of this project This warranty is valid only when the property or its improvements are subject to normal use and care by the Customer and provided the Customer has fully complied with all the.terms and payment provisions of this agreement. JM Construction Inc. reserves the right to repair, replace, or pay reasonable sum in order to affect any mutual acknowledged repairs or corrections both during the construction process and throughout the warrantee period. Note: This proposal may be withdrawn by us if not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL--The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance , 2021 Customer/Signature Customer/Print Name and Title Jason Myers—President Date JM Construction Inc. 2 of 2 3/24/2021 Business Registry Business Name Search Business Registry Business Name Search 03-24-2021 New Search Business Entity Data 11:42 Registry Nbr Entity_ Entity_ Jurisdiction Registry Date Next Renewal Renewal Due? Type Status Date 249780-90 DBC ACT OREGON 11-01-2004 11-01-2021 Entity Name 'JM CONSTRUCTION INC. Foreign Name New Search Associated Names Type PPB PRINCIPAL PLACE OF BUSINESS Addr 1 _2630 AVENUE G Addr 2 CSZ WHITE CITY DOR 197503 1 I Country IUNITED STATES OF AMERICA Please click here for general information about registered agents and service of process. Type AGT REGISTERED AGENT Start Date 11-01- Resign Date 2004 Name 'JASON D 'MYERS 1 I Addr 1 2630 AVENUE G Addr 2 CSZ 'WHITE CITY OR 197503 1 1 Country 'UNITED STATES OF AMERICA Type JMAL MAILING ADDRESS I Addr 1 PO BOX 1637 Addr 2 CSZ SHADY COVE OR 97539 Country ITED STATES OF AMERICA Type I'RE I'RESIDENT Resign Date Name 'JASON 'D 'MYERS I I Addr 1 PO BOX 1637 Addr 2 CSZ (SHADY COVE IOR 197539 1 1 Country IUNITED STATES OF AMERICA Type 'SEC 'SECRETARY I Resign Date I Name 'DEBORAH IJ [MYERS 1 Addr 1 PO BOX 1637 Addr 2 CSZ 'SHADY COVE IOR 197539 I Country 'UNITED STATES OF AMERICA New Search Name History 1 I I I i i egov.sos.state.or.us/br/pkg_web_name_srch_inq.show detl?p_be_rsn=1067858&p_srce=BR_INQ&p_print=TRUE 1/2 3/24/2021 4, Business Registry Business Name Search ir Business Entity Name :lame Name Start Date End Date 4 Type Status_ JM CONSTRUCTION INC. EN CUR 11-01-2004 Please read before ordering Copies. New Search Summary History Image Transaction Effective Name/Agent Action Status Dissolved By Available Date Date Change a—r AMENDED ANNUAL 10-08-2020 FI REPORT AMENDED ANNUAL REPORT 09-20-2019 FI — AMENDED ANNUAL 09-24-2018 FI REPORT { AMENDED ANNUAL 10-23-2017 FI REPORT T EONDED RT ANNUAL 10-10-2016 FI _ AMENDED ANNUAL 09-30-2015 FI REPORT }_n AMENDED ANNUAL 10-31-2014 FI REPORT t AMENDED ANNUAL 10-31-2013 FI „REPORT AMENDED ANNUAL 10-30-2012 FI REPORT AMENDED ANNUAL 10-25-2011 FI REPORT ANNUAL REPORT 11-08-2010 11-05- SYS PAYMENT 2010 ANNUAL REPORT 10-31- 11-02-2009 SYS PAYMENT 2009 ANNUAL REPORT 10-01-2008 09-30- SYS PAYMENT 2008 ANNUAL REPORT 10-31- PAYMENT 11-01-2007 2007 SYS ANNUAL REPORT 10-09- PAYMENT 10-10-2006 2006 SYS AMENDED ANNUAL 10-17-2005 FI REPORT ARTICLES OF 11-01-2004 FI Agent INCORPORATION © 2021 Oregon Secretary of State. All Rights Reserved. egov.sos.state.or.us/br/pkg_web_name_srch_inq.show_detl?p_be_rsn=1067858&p_srce=BR_INQ&pjDrint=TRUE 2/2 www.saif.com ■ say orfek. Li . Oregon. Oregon Workers' Compensation Certificate of Insurance Certificate holder: CITY OF ASHLAND 20 EAST MAIN STREET ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated.The insurance afforded by this policy is subject to all the terms,exclusions and conditions of such policy;this policy is subject to change or cancellation at any time. Insured Producer/contact Jm Construction Inc Ward Insurance Agency Inc PO Box 1637 David Niderost Shady Cove, Or 97539-1637 541.687.1117 david@wardinsurance.net Issued 03/24/2021 Limits of liability Policy 948875 Bodily Injury by Accident $1,000,000 each accident Period 12/01/2020 to 12/01/2021 Bodily Injury by Disease $1,000,000 each employee Body Injury by Disease $1,000,000 policy limit Description of operations/locations/special items All Operations Important This certificate is issued as a matter of information only and confers no rights to the certificate holder.This certificate does not amend,extend or alter the coverage afforded by the policies above.This certificate does not constitute a contract between the issuing insurer,authorized representative or producer and the certificate holder. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED TO THE POLICYHOLDER AND CERTIFICATE HOLDER IN ACCORDANCE WITH THE POLICY PROVISIONS AND OREGON LAW. SAIF WILL ENDEAVOR TO PROVIDE WRITTEN NOTICE WITHIN 30 DAYS WHENEVER POSSIBLE. Authorized representative Kerry Barnett President and CEO 400 High Street SE Salem,OR 97312 P:800.285.8525 Policy_OLCA_CertificateOflnsurance F:503.584.9812 ti DATE(MMIDD/YYYY) AccoRo CERTIFICATE OF LIABILITY INSURANCE 3/24/2021 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 Lynn Wray Ward Insurance Agency, Inc. PHONE FAX P.O. Box 10167 (NC.No.Ext):541-687-1117 (A/C,No):541-342-8280 Eugene OR 97440-2167 ADDRESS: lynn@wardinsurance.net INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Hallmark Insurance Company 19530 INSURED JMCONST-01 INSURER B:Markel American Insurance Company JM Construction Inc. P.O. Box 1637 INSURER C:SAIF Corporation 36196 Shady Cove OR 97539-1637 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1555249280 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y 44CL610481 9/15/2020 9/15/2021 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X PROT LOC PRODUCTS-COMP/OPAGG $2,000,000 JEC OTHER: $ A AUTOMOBILE LIABILITY Y Y 44CL610481 9/15/2020 9/15/2021 Ea OMBaccideINEDnt)SINGLE LIMIT $1,000,000 ( X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR 44CL610481 9/15/2020 9/15/2021 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED X RETENTION$1n,nnn $ C WORKERS COMPENSATION 948875 12/1/2020 12/1/2021 PER OTH- AND EMPLOYERS'LIABILITY Y I N STATUTE ER ANYPROPRIETORIPARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED7 - - -- - - - (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Pollution Liability Y Y ECPENV01984 9/15/2020 9/15/2021 Limit $1,000,000 Deductible: $2,500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder and all entities required by written contract are included as Additional Insured on a Primary and Noncontributory basis with Waiver of Subrogation with respects to the General Liability and the Pollution Liability and Additional Insured with Waiver of Subrogation with respects to the Automobile Liability as required by written contract per attached endorsements.Subject to policy limits,terms,conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ARTISANS ADVANTAGE ENHANCED COVERAGE ENDORSEMENT Inland Marine Coverages THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Installation Coverage $10,000. Contractors Equipment Coverages: This endorsement modifies insurance provided under the following: Small Tools $ 5,000.(Maximum Omit per item$1,000) BUILDING AND PERSONAL PROPERTY COVERAGE FORM Employee Small Tools $ 1,000.(Maximum limit per item$250) CAUSES OF LOSS—SPECIAL FORM Leased and Rented Equipment $ 5,000. COMMERCIAL PROPERTY CONDITIONS Rental Reimbursement $ 1,000. COMMERCIAL GENERAL LIABILITY COVERAGE FORM General Liability Additional Coverages When this endorsement is attached to the policy,insurance under the Building and Personal Property Coverage Form,the Blanket Additional Insured(Including Primary Non-Contributing Coverage) Included in Each Occurrence Limit Causes of Loss—Special Form,the Commercial Property Conditions and the Commercial General Liability Coverage Form is Mobile Equipment Broadened Coverage Included In Each Occurrence Limit enhanced to provide the coverages described in this endorsement At other conditions of the policy continue to apply. Aggregate Limit Per Project Included in Each Occurrence Limit This coverage is subject to the provisions applicable to the Building end Personal Property Coverage Form,Causes of Loss— Blanket Waiver Included in Each Occurrence Limit Special Form,the Commercial Property Conditions and the General Liability Coverage Form. Voluntary Property Damage Coverage S 2,500. SCHEDULE Coverage Enhancements Limits of Insurance Each Location The following applies to coverages under this endorsement only. Property Coverage Premises Boundary 1,000 feet Property Coverage Extensions Property Coverage Newly Acquired or Constructed Property Buildings $500,000.at Each Building • The phrase'within 100 feet of the described premises'used in Paragraphs a.(5)(b),b.and 042)under A.l.Covered Property Business Personal Property $250,000.at Each Building of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM and Paragraph 2.01)under C.Limitations of the Personal Effects and Property of Others $25,000.at Replacement Cost CAUSES OF LOSS—SPECIAL FORM is replaced by the phrase'within 1,000 feet of the described premises'. Valuable Papers end Records(Other than Electronic Data) $25,000. Property Off-Premises(Including Laptops and Other Electronic Equipment) $15,000. Outdoor Property(Named Perils) $ 1,000.per tree/shrub,max.limit$25,000. Property Coverage Extensions Non-Owned Detached Trailers $10,000. Accounts Receivable $50,000. Paragraph A.5.Coverage Extensions of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted In its FineFin Transit(Including Laptops and Other Electronic Equipment) $25,000. entirety and replaced byte following: Arts $25,000. Property Additional Coverages 5. Coverage Ext rwises Debris Removal $25,000. Except as otherwise provided,the following Extensions apply to property located In or on the building described in the Fire Department Service Charge $ 5,000. Declarations or in the open(or Ina vehicle)within 1,000 feet of the described premises. Pollutant Clean-up end Removal $is,oco. If a Coinsurance percentage of 80%or more or,a Value Reporting period symbol,is shown in the Declarations,you may Electronic Data $25,000. extend the Insurance provided by this Coverage Part as follows: Interruption of Computer Operations $15,000. a. Newly Acquired Or Constructed Property Arson Reward $ 5,000. (1)Buildings Water Back-Up and Sump Overflow $25,000. Brands and Labels $25,000. If this peficy covers Building,you may extend that insurance to apply to: Employee Theft $10,000. (a)Your new buildings while being built on the described premises;and Business Income Including Extra Expense $25,000. (h)Buildings you acquire at locations,other than the described premises,intended for. Business Income from Dependent Properties $10,000. Claims Expenses $10,000. (I) Similar use as the building described In the Declarations;or Inventory or Appraisal Cost $ 5,000. (II)Use as a warehouse. Money end Securities The most we will pay for loss or damage under this Extension Is$500,000 at each building. Inside $10,000. Outside $ 5,000. (2)Your Business Personal Property Off Premises Power Failure—Direct Damage $10,000. (a)If this policy covers Your Business Personal Property,you may extend that insurance to apply to: Ordinance or Law Coverage (I) Business personal property,Including such property that you newly acquire,at any location you acquire,at Coverage A Included within Building Limit any location you acquire other than at fairs,trade shows or exhibitions; Coverages B end C Combined 25%of Bldg.Limit,$150,000.maximum (II)Business personal property,including such property that you newly acquire,located at your newly Outdoor Signs $10,000. constructed or acquired buildings at the location described in the Declarations;or Recharging of Fire Extinguishers $ 5,000. Unauthorized Business Card Use $ 5,000. (III)Business personal property that you newly acquire,located at the described premises. Forgery or Alteration $10,000. The most we will pay for loss or damage under this Extension is$250,000 at each building. Salespersons Samples $ 2,500. (b)This Extension does not apply to: MP 97 67 10 10 Includos copyrighted mamnalorinsurencosorveesOffice.Inc.and Page 1 of25 Page 2 of 25 Includes copyrighted material of Insurance sonicoscrtce.Inc.end MP 97 67 10 10 American A,•wr-eon of Insurance Services,Inc.,oM,theh permission American Association of Insurance SeMoea,Ino.,with Meir permission (I) Personal property of others that is temporarily In your possession in the course of installing or performing For valuable papers and records not ate described premises,the most we will pay is$5,000 in any one occurrence. work on such property,or Such amounts are additional insurance.Wewill also pay for the cost of blank materiel for reproducing the records (II)Personal property of others that Is temporarily In your possession In the course of your manufacturing or (whether or not duplicates exist),and(when there is a duplicate)for the cost of labor to transcribe or copy the wholesaling activities. records.The costs of blank material and labor are subject to the applicable Limit of Insurance on Your Business (3)Period of Coverage Personal Property and therefore coverage of such costs Is not additional insurance. With respect to insurance on or at each newly acquired or constructed property,coverage will end when any of the d. Property Off—Premises(Including Laptops And Other Electronic Equipment) following first occurs: (1)You may extend the Insurance provided bythis Coverage Form to apply to your Covered Property while h is away (a)This policy expires; from the described premises,if it Is: (h)30 days expire after you acquire or begin construction of that part of the building that would qualify as covered (a)Temporarily eta location you do not own,lease or operate; property,or (b)In storage ata location you lease,provided the lease was executed after the beginning of the current policy (c)You report values to us. term;or We will charge you additional premium for values reported from the date you acquire the property or begin (e)At any fair,trade show or exhibition. construction of that part of the building that would qualify as covered property. (2)This Extension does not apply to property b. Personal Effects And Property Of Others (1)You may extend the insurance that applies to Your Business Personal Property to apply to: (a)In or on a vehicle;or (a)Personal effects owned by you,your officers,your partners or members,your managers or your employees. (b)In the care,custody arcontrol of your salespersons,unless the property is to such care,custody or control ata (h)Personal property of others In your care,custody or control fair,trade show or exhibition. This Extension does not applyto employee tools. (3)The most we will pay for loss or damage under this Extension is$15,000. (2)The most we will a for lass or damage under this Extension is$25,000 et each described premises.Ourpaymente. Outdoor Property(Named Perils) p y g p e You may extend the Insurance provided h this Coverage Form to apply our outdoor fences,retaining walls other for loss afar damage to personal property of others will only be for the account of the owner of the property. y P y 9 PPY y (3)Extension Of Replacement Cost 7o Personal Property Of Others than retaining walls that area part of a building),radio and television antennas(including satellite dishes),signs(other than signs attached to buildings),trees,shrubs and plants(other than'stack'of trees,shrubs or plants),Including debris (a)Replacement Cost coverage is extended to applyto personal property of others. removal expense,caused by or resulting from any of the following causes of loss if they are Covered Causes of Loss: (b)Paragraphs 3.b.(1)and 4.under G.Optional Coverages of the BUILDING AND PERSONAL PROPERTY (1)Fire; COVERAGE FORM are deleted and all other provisions of the Replacement Cost Optional Coverage applyto replacement cast on personal property of others. (2)Lightning; (3)Explosion;(c)With respect to replacement cost on the personal propertyof others the following limitation applies: If an item of personal property of others is subject to a written contract which govems your liability for loss or (4)Vandalism; damage to that item,then valuation of that item will be based on the amount for which you are Gable undersuch (5)Vehicle Damage; contract,but not to exceed the lesser of the replacement cost of the property or the applicable Limit of (6)Riot or CMI Commotion;or Insurance. c. Valuable Papers And Records(Other Than Electronic Data) (7)Aircraft 1 You mayextend the Insurance that applies to Your Business Personal Properly tae Ito direct physical loss or The mast we will pay for loss or damage under this Extension Is$25,000,but not more than$1,000 far any one tree, (1 pP P rtY apply P Ys shrub or plant These limits applyto any one occurrence,regardless ofthe types or number of items last or damaged In damage to valuable papers and records that you own,or that are in your care,custody or control,caused by or that occurrence. resulting from a Covered Cause ofLoss.This Extension includes the costto research lost information on valuable f. Non-Owned Detached Trailers papers and records for which duplicates do not exist But this Extension does not apply to valuable papers and records which exist as electronic data.Electronic data has the meaning described under Property Not Covered, (1)You may extend the Insurance that applies to Your Business Personal Propertyto applyto loss or damage to trailers Electronic Data. that you do not own,provided that (2)Coverage under this Extension is limited to the'specified causes of loss'as defined in the CAUSES OF LOSS— (a)The trailer is used in your business; SPECIAL FORM,and Collapse as set forth In that form. (b)The trailer Is in your care,custody or control at the premises described in the Declarations;end (3)This Extension does not apply to. (c)You have a contractual responsibility to pay far loss or damage to the trailer. (a)Property held as samples or for delivery after sale; (2)We will not pay for any loss or damage that occurs: (b)Property In storage away from the premises shown In the Declarations. (a)While the trailer is attached to any motor vehicle or motorized conveyance,whether or not the motor vehicle or (4)Section B.Exctuslons in the CAUSES OF LOSS—SPECIAL FORM does not applyto this Extension,except for motorized conveyance Is In motion; (a)Paragraph 13.1.c.Governmental Action; (b)During hitching or unhitching operations,or when a trailer becomes accidentaltyunhhched from a motorvehicle (h)Paragraph B.1.d.Nuclear Hazard; or motorized conveyance. (c)Paragraph B.1.f.War And Military Action; (3)The most we will pay for loss or damage under this Extension is 010,000,unless a higher limit is shown In the Declarations. (d)Paragraph 13.2.f.; e Paragraph 8.7. and (4)This Insurance Is excess over the amount due(whether you can taloa on it or not)from any other insurance () g•; covering such property. (f) Paragraph B.3. g. Accounts Receivable (5)The mostwe will pay under this Extension for loss at damage to valuable papers and records in any one occurrence (1)You may extend the Insurance that applies to Your Business Personal Propertyto accounts receivable.Wewrll pay at each described premises is$25,000. MP 97 67 10 10 Includes copyrighted=Wale,Insurance Services Office.Inc.end Page 3 of 25 Page4 of25 Includes copyrighted material ofInsurance Services ance.Ine,end MP 97 67 10 10 American Association of Insurance Services.Inc.,with their pennlsslon American Association of Insurance aoMcos,Inc,with their pemdssion (a)All amounts due from your customers that you am unable to collect (4)The most we will pay for'One arts'at any premises described In the Declarations is$25,000. (h)Interest charges on any loan required to offset amounts you are unable to collect pending our payment of these Each of these Extensions is additional insurance unless otherwise Indicated.The Additional Condition,Coinsurance,does not amounts; apply to these Extensions. (c)Collection expenses in excess of your normal collection expenses that are made necessary by'loss';and (d)Other reasonable expenses that you Incur to re-establish your records of accounts receivable; that result from direct physical loss or damage by any Covered Cause of Loss to your records of accounts Property Additional Coverages receivable. The following are Additional Coverages.The Additional Condition,Coinsurance,does not apply to these coverages. (2)The mostwe will pay under this Extension for loss or damage in anyone occurrence at each described-premises'Is A Debris Removal $50,000. A.4.a.of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced as follows: (3)Section B.Exclusions in the CAUSES OF LOSS—SPECIAL FORM does not apply to this Extension,except for, a. Debris Removal (a)Paragraph B.1.c.Govemmental Action; 1 Subject to Paragraphs(3)and(4),we will a () J pay expense to remove debris of Covered Property caused by or (h)Paragraph B.t.d.Nuclear Hazard; resulting from a Covered Cause of Loss that occurs during the policy period.The expenses will be paid only if they (c)Paragraph B.1.f.War And Military Action; are reported to us in writing within 180 days of the date of direct physical loss or damage. (d)Paragraph B.2.f.; (2)Debris Removal does not apply to costs to: (a)Extract"pollutants"from land or water,or (e)Paragraph B.2.g.;and (h)Remove,restore or replace polluted land or water. (f) Paragraph 13.3. (3)Subject to the exceptions In Paragraph 4,the fallowing J p () g provisions apply. (4)The following additional exclusion applies to the Extension: (a)The most we will pay for the total of direct physical loss or damage plus debris removal expense Is the Limit We will not pay for. of Insurance applicable to the Covered Property that has sustained loss or damage. (a) Loss or damage caused by or resulting from alteration,falsification,concealment or destruction of records of (h)Subject to(a)above,the amount we will pay for debris removal expense Is limited to 25%of the sum of the accounts receivable done to conceal the wrongful giving,taking or withholding of'money,'securities'or other deductible plus the amount that we pay for direct physical loss or damage to the Covered Property that has property. sustained loss or damage. This exclusion applies only to the extent of the wrongful giving,taking or withholding. (4)We will pay up to an additional$25,000 for debris removal expense,for each location,In any one occurrence of physical loss or damage to Covered Property,If one ar hath of the following circumstances apply. (b)Loss or damage caused by or resulting from bookkeeping,accounting or billing errors or omissions. (a) The total of the actual debris removal expense plus the amount we pay for direct physical loss or damage (c)Any loss or damage that requires any audit of records or any Inventory computation to prove its factual exceeds the Limit of Insurance on the Covered Property that has sustained loss or damage. existence. (b)The actual debris removal expense exceeds 25%of the sum of the deductible plus the amountthatwe payfor h. Property In Transit(Including Laptops And Other Electronic Equipment) direct physical loss or damage to the Covered Property that has sustained loss or damage. F.1.under Additional Coverage Extensions of the CAUSES OF LOSS—SPECIAL FORM Is deleted and replacedw$h Therefore,if(4)(a)and/or(4)(b)appy,our total payment for direct physical lass or damage and debris removal the fallowing: expense mayreach butwill never exceed the Limit of Insurance on the Covered Propertythat has sustained loss or 1. Property In Transit(Including Laptops And Other Electronic Equipment) damage,plus$25,000. (5)Exoamplamples This Extension apples only to your personal property to which this form applies. Example#1 a. You may extend the insurance provided by this Coverage Part to apply to your personal property(other than Limit of Insurance $90,000 property In the care,custody or control of your salespersons)in transit more than 1,000 feet from the described Amount of Deductible $ 500 premises.Property must he In or an a motor vehicle you own,lease or operate while between points In the Amount of Loss $50,000 coverage territory. Amount of Loss Payable $49,500 h. Loss or damage must be caused by or result from one the following causes of loss: ($50,000—$500) (1)Fire,lightning,explosion,windstorm or hail,riot or civl commotion,or vandalism. Debris Removal Expense $10,000 (2)Vehicle collision,upset or overturn.Collision means accidental contact ofyourvehicle with anothervehicle Debris Removal Expense or abject It does not mean your vehicle's contact with the road bed. Payable $10,000 (3)Theft of an entire bale,case or package byforced entry into a securely locked body or compartmentof the ($10,000 Is 20%of 550,000) vehicle.There must be visible marks of the forced entry. The debris removal expense is less than 25%of the sum of the loss payable plus the deductible.The sum of the c. The most we will pay for loss or damage under this Extension is$15,000. loss payable and the debris removal expense($49,500+$10,000=$59,500)Is less than the Limit of Insurance. I. Fine Arts Therefore,the full amount of debris removal expense Is payable In accordance with the teens of Paragraph(3). Example#2 (1)You may extend the Insurance that apples to Your Business Personal Property to coverfine ads'awned by Limo of Insurance $90,000 you and located on the premises described In the Declarations (2)In addition to the exclusions in CAUSES OF LOSS—SPECIAL FORM we will not payfor Ioss or damage Amount of Deductible $ 500 caused by or resulting from repairing,restoration,or retouching processes. Amount of Loss $60,000 (3)In the event of loss or damage,we will pay the actual cash value of the item.The actual cash value will be the Amount of Loss Payable $79,500 price you paid for the Item,or the value as determined by an appraisal of the Item not more than 360 days prior ($80,000—$500) to the date of loss or damage.In no event will the actual cash value exceed the amount necessary to repair or Debris Removal Expense $35,500 replace the item with substantially like property. MP 97 67 10 10 Includes copyrighted motorial at lnsuronce Services Office,Inc.and Page 5of25 Page 6 of 25 Includes cepyd9Mad material of Insurance SoMces Mica,Inc.and MP 97 67 10 10 American Association at Insurance Services.Inc..wfh their pormissbn American Assaciaton of Insurance Services.Inc.,with Nair permission Debris Removal Expense (d)Dampness or dryness of atmosphere or changes in or extremes of temperature; Payable (e)Floods,surface water,waves,tides,tidalwaves,overflowof any body of water,orthelr spray,all whether driven Basic Amount $10,500 by wind or not;end Additional Amount $25,000 (f) Earth movement,such as an earthquake,landslide or earth sinking,rising or shifting. The basic amount payable for debris removal expense under the terms of Paragraph(3)is calculated as follows: (4)The most we will pay under this Additional Coverage—Electronic Data is$25,000 for all loss or damage $80,000(579,500+$500)x.25=$20,000;capped at$10,500).The cap applies because the sum of the loss payable sustained in any one policy year,regardless of the number of occurrences of loss or damage or the number of ($79,500)and the basic amount payable for debris removal expense($10,500)cannot exceed the Limit of Insurance premises,locations or computer systems involved. ($90,000). E. Interruption Of Computer Operations / The additional amount payable for debris removal expense is provided in accordance with the terms of Paragraph(4), We will pay yournecessery'Extre Expense'to continue normal operations caused by an intertupUon In computer operations because the debris removal expense($35,500)exceeds 25%of the loss payable plus the deductible($35,500 is due to destruction or corruption of your electronic data due to a Covered Cause of Loss. 44.375%of$80,000),end because the sum of the loss payable and debris removal expense($79,500+$35,500= We will also pay for your actual'Business Income'if you must close all or part of your business due to destruction or $115,000)would exceed the Limit of Insurance($90,000).The additional amount of covered debris removal expense is corruption of your electronic data due toe Covered Cause of Loss. $25,000,the maximum payable under Paragraph(4).Thus the total payable for debris removal expense in this example The most we will pay under this coverage is$15,000 far any one occurrence. is$35,500. Under this Additional Coverage—Interruption Of Computer Operations,electronic date has the meaning set forth In B. Fire Department Service Charge Paragraph 5.Limitation—Interruption of Computer Operations Included In Additional Coverage—Business Income A.4.0.of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM Is deleted end replaced as follows: Including Extra Expense of this form. C. Fire Department Service Charge F. Arson Reward When the fire department Is called to save°rprotect Covered Property from aCovered Cause of Lou,weevil payup to We will reimburse you foram arson reward that you give to someone who discloses information that leads to the conviction of $5,000 for your liability for fire department service charges: a person or persons for arsonat the premises described in the Declarations. (1)Assumed by contract or agreement prior to loss;or The most we will pay under this coverage is$5,000 each occurrence. (2)Required by local ordinance. G.Water Back-Up And Sump Overflow No Deductible applies to this Additional Coverage. 1. We will pay far direct physical loss or damage to Covered Property caused by or resulting from: C. Pollutant Clean-up And Removal a. Water which hacks up through or overflows from a sewer or drain;or A.4.4.of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM Is deleted and replaced es follows: b. Water which overflows from a sump,even If the overflow results from mechanical breakdown of a sump pump or its d. Pollutant Clean-up And Removal related equipment We will pay your expense to extract"pollutants"from land orwater atthe described premises lithe discharge,dispersal, However,with respect to Paragraph b.above,we will not pay the cost of repairing or replacing a sump pump or its seepage,migration,release or escape of the"pollutants°is caused by or results from a Covered Cause of Loss that related equipment in the event of mechanical breakdown. occurs during the policy period.The expenseswill be paid only ifthey are reported to us In writing within 180 days of the 2. The coverage described in Paragraph 1.above does not apply to lass or damage resulting from an insured's failure to: date on which the Covered Cause of Loss occurs. a. Keep a sump pump or its related equipment in proper working condition;or This Additional Coverage does not applyto costs to test for,monitor or assess the existence,concentration°reflects of b. Perform the routine maintenance or repair necessaryto keep a sewer or drain free from obstructions. "pollutants".But we will pay for testing which is performed in the course of extracting the"pollutants°from the land or 3. The most we will pay under this coverage is$25,000 each occurrence. water. The most we will pay under this Additional Coverage for described premises is$15,000 forthe sum elan covered 4. With respect to the coverage provided in this Additional Coverage—Water Back-Up and Sump Overflow,Paragraph expenses arising out of Covered Causes of Loss occurring during each separate 12 month period of this policy. 3.of the Water Exclusion Included In this Policy does not apply. D. Electronic Data H. Brands And Labels A.4.f.of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced as follows: If branded or labeled merchandise that is Covered Property Is damaged hya Covered Cause of Loss,we maytake all or f. Electronic Data part of the property at an agreed or appraised value.If so,you may. (1)Underthis Additional Coverage,electronic data has the meaning described under PropertyNot Covered,Electronic 1. Stamp the ward'Salvage'on the merchandise or its containers,if the stamp will not physically damage the Data. merchandise;or (2)Subject to the provisionsofthis Additional Coverage,we will pay forte cost to replace or restore electronic data, 2. Remove the brands and labels,if doing so will not physically damage the merchandise arks containers to comply with which has been destroyed or corrupted by a Covered Cause of Loss. To the extent that electronic data Is not the law. replaced or restored,the loss will be valued at the cost of replacement of the media on which the electronic data We will pay reasonable costs you incur to perform the activity described In Paragraphs 1.and 2.above.The most we will was stored,with blank media of substantially Identical type. pay for these costs and the value of the damaged property under this Additional Coverage Is 025,000. (3)In addition to the'specified causes of loss'as defined In the CAUSES OF LOSS—SPECIAL FORM,and Collapse • Payments under this Additional Coverage are subject to and not In addition to the Limits of Insurance. as set forth in that form,the following are covered causes of loss: I. Employee Theft (a)A virus,harmful code or similar Instruction Introduced into or enacted on a computer system(Including 1. Wa fordirectlossof°rdame otoYaurBusinessPersonalPro e a y resulting electronic data)ore network to which It Is connected,designed to damage or destroy any part of the system or P Y 9 Property and your mane end'securities' disrupt its normal operation. But there Is no coverage for loss or damage caused by or resulting from from theft'committed by any of your'employees'acting alone or In collusion with other persons(except you or your manipulation oda computer system(including electronic data)byanyemployee,Including a temporary or leased partners,members or managers)with the manifest intent to: employee,or by an entityretained by you or for you to Inspect,dnslgn,Install,modify,maintain,repair or replace a. Cause you to sustain loss or damage;end also that system. b. Obtain financial benefit(other than salaries,commissions,lees,bonuses;promotions,awards,profs sharing, (b)Changes In your electrical power supply,Including Interruption,power surge,blackout or brownout,if the cause • pensions or other employee benefits eamed in the normal course of employment)for of such event originates 100 feet or less from any premises described In the Declarations; (1)Any'employee";or (c)Dishonest acts committed by your employees acting alone or in collusionwlth otherpersons,except you oryour (2)Any other person or organization. partners,directors or trustees,but theft by employees is not covered; MP 97 67 10 10 Induden copyrighted material or Insurance Senkes Office.lnc.end Page 7 of 25 Page 8 012$ Medea copyrighted material of Insurance Services Office.Inc.end MP 97 6710 10 American AsaoWtlon of Insurance SOMcoz,Inc.,with thein permission Amodcun Aasaciatbn of Insurance SeMcos.lnc..with their permission 3 2. We will not pay for loss or damage: (3)Payment of costs,fees or other expenses you incur in establishing either the existence or the amount of loss a. Resulting tram any dishonest or criminal act that you or any of your partners,members,officers,'managers.; under this Additional Coverage. directors,trustees,authorized representatives or anyone to whom you entrust the propertyforany purpose commit, c. Legal Expenses whether acting alone or in collusion with other persons;or Expenses related to any legal action. b. The only proof of which as to its existence or amount Is one or both of the following: 12.Ownership Of Property;Interests Covered (1)An Inventory computation;or The property covered under this Additional Coverage Is limited to property. (2)A profit and loss computation. a. That you own or lease; 3. The most we will pay under this Additional Coverage for loss or damage in any one occurrence is$10,000. b. That you hold far others;or 4. All loss or damage: e. For which you are legally liable,except for property Inside the premises of a'client'of yours. a. Caused by one or more'employees';and However,this coverage is for your benefit only.It provides no rights or benefits to any other person or organization.Any b. Involving a single actor series of related acts; claim far loss that is covered under this coverage must be presented by you. is considered one occurrence. 13.Valuation—Settlement 5. We will pay only for lass or damage you sustain through acts committed or events occurring during the policy period. Subject to the Limit of Insurance,we will pay for. Regardless of the number of years this policy remains in force or the number of premiums paid,no Limit of Insurance a. Loss of'maney'but only up to and including its face value.We may,at our option,pay for loss ol'money issued cumulates from year to year or period to period. by any country other than the United States of America: 8. This Additional Coverage does not apply to loss caused by an'employee'after discovery by (1)At face value In the'money'Issued by that country,or a. You;or (2)In the United States of America dollar equivalent determined by the rate of exchange published in The Well b. Any of your partners,officers or directors,or members or'managers'not in collusion with the'employee; Street Joumal an the day the loss was discovered. of any'theft'or any other dishonest act committed by that'employee'before or after being hired by you. b. Loss of'securities'but only up to and including their value at the close of business on the day that loss was 7. Extended Period To Discover Lass discovered.We may,at our option: a. We will payfor lass thatyou sustained prior to the effective date of termination or cancellation of this policy,which is (1)Pay the value of such'securities'or replace them in kind,in which event you must assign to us all your rights, discovered by you no later than 1 year from the date of that termination or cancellation. title and interest In end to those'securities'; b. However,this extended period to discover loss terminates immediately upon the effective date of any other (2)Pay the cost of any Lost Securities Band required in connection with issuing duplicates of the'securities.' insurance obtained by you replacing in whole or In part the Insurance afforded by this policy,whether or not such However,we Wit be liable only far the payment of so much of the cost of the bond as would be charged for e other insurance provides coverage far loss sustained prior to its effective date. bond having a penalty not exceeding the lesser of the: 8. If you discover a loss or damage during the policy period that you(or any predecessor In interest)sustained during the (a)Value of the'securities'at the close of business on the day the lass was discovered;or period of any prior Insurance that you could have recovered under that insurance except that the time within which to (h)Limit of Insurance. discover loss or damage had expired,we will pay for it under this Additional Coverage,provided: J. Business Income Including Extra Expense a. This Additional Coverage became effective at the time of cancellation or termination of the prior insurance;and 1. Coverage b. The loss or damage would have been covered by this Additional Coverage had it been in effect when the acts or a. Business Income events causing the lass or damage were committed or occurred. 9. The insurance underPeragraph 8.above is provided within,and not in addition to,the Limit of Insurance applying to this Business Income means the: Additional Coverage and is limited to the lesser of the amount recoverable under. (1)Net Income(Net Profit or Loss before Income taxes)that would have been earned or Incurred;and a. This Additional Coverage as of its effective date;or (2)Continuing normal operating expenses incurred,including payroll. b. The prior Insurance,had it remained in effect. Far manufacturing risks,Net Income Includes the net sales value of production. 10.None of the exclusions in Section B.Exclusions of the CAUSES OF LOSS—SPECIAL FORM eppyto Employee Theft Business Income includes'Rental Value.' Coverage provided under this endorsement except We will paythe actual loss of Business Income you sustain due to the necessary"suspension"of your operations" a. B.1.e.Governmental Action; during the"period of restoration."The"suspension"must be caused by direct physical loss of or damage to property b. B.1.d.Nuclear Hazard;and at the premises described In the Declarations,including personal prapertyin the open(or in a vehicle)within 1,000 e. B.1.f.War And Military Action. feet,caused by or resulting from any Covered Cause of Lass. 11.We will not pay far loss as specified below b. Extra Expense a. Acts Committed by You or Your Partners Extra Expense means necessary expenses you incur during the"period of restoration"that you would not have Loss resulting from anydishonest or criminal act committed byyour or any of your partners whether acting alone or incurred if there had been no direct physical loss or damage to property caused by ar'resulting from a Covered in collusion with other persons. Cause of Loss. b. Indirect Loss We will pay Extra Expense(other than the expenses to repair or replace property)to: Loss that Is en indirect result of any actor occurrence covered by this insurance Including,but not limited to,loss (1)Avoid or minimize the'suspension'of business and to continue operations at the premises described in the resulting from: Declarations or at replacement premises or temporary locations,Including relocation expenses and costs to (1)Yourinabilityto realize income that you would have realized had there been no loss of,or loss from damage to equip and operate the replacement location or temporary location; 'money and'securities'. (2)Minimize the'suspension'of business if you cannot continue'aperatians.' (2)Payment of damages of any type for which you are legally liable. But,we will pay compensatory damages We will pay Extra Expense to repair or replace property,but only to the extent It reduces the amount of loss that arising directly from a loss covered under this Additional Coverage. otherwise would have been payable under this Additional Coverage. MP 97 67 10 10 Includes copyrighted materiel sflnaurnae Services Once,Inc.end Page 9of25 Page 10 of 25 Includes copyrighted material of Insurance services Office,Inc.end MP97671010 American Association at Insurance soxxes,Ina.,xM then remission Amerkan Associelbn of Insurance Services,Ina,with thel permission 2. Additional Coverages (b)Ends on the earlier of: a. Alterations And New Buildings (I) The date you could restore tenant occupancy,with reasonable speed,to the level whichwould generate Wewill payfor the actual loss of Business Income you sustain and necessary Extra Expense you incur due to direct the"Rental Value"that would have existed if no direct physical loss or damage had accused;or physical loss or damage at the described premises caused by or resulting from any Covered Cause of Loss to: (li)30 consecutive days after the date determined in(2)(a)above. (1)New buildings or structures,whether complete or under construction; However,Extended Business Income does not apply to loss of'Rental Value'incurred as a result of (2)Alterations or additions to existing buildings or structures;and unfavorable business conditions caused by the impact of the Covered Cause of Loss In the area where the 3 Machine equipment su I es or buildingmaterials located on orwithin 1,000 feet ofthe described remises described premises are located. O Machinery, FPSP Loss of"Rental Value"must be caused by direct physical loss or damage at the described premises caused by and: (a)Used in the construction,alterations or additions;or or resulting from any Covered Cause of Loss. 3. Limits of Insurance (h)Incidental to the occupancy of new buildings. The most we will pay for loss under this Additional Coverage-Business Income including Extra Expense in any one If such direct physical loss or damage delays the start of'operations;the'period of restoration'for Business occurrence is$25,000. Income Coveragewill begin on the date'operations'would have begun if the direct physical loss or damage had not occurred. Payments under the following additional coverages will not increase the applicable Limit of Insurance: b. Civil Authority a. Alterations and New Buildings; When a Covered Cause of Loss causes damage to property other than property at the described premises,we will b. Civil Authority;or pay for the actual loss of Business Income you sustain and necessary Extra Expense caused by action of civil a. Extended Business Income. authority that prohibits access to the described premises,provided both of the following apply. 4. Valuation (1)Access to the area immediately surrounding the damaged property is prohibited by civil authority as a result of The following is added to E.7.Valuation of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM: the damage,and the described premises are within that area but are not more than one mile from the damaged g. The amount of Business Income loss will be determined based on: property;and (1)The Net Income of the business before the direct physical loss or damage occurred; (2)The action otcMl authorityis taken in response to dangerous physical conditions resulting from the damage or (2)The likely Net Income of the business if no loss or damage occurred,but not including any Net Income that continuation of the Covered Cause of Loss that caused the damage,or the action is taken to enable a civil would likely have been earned as a result of an increase in the volume of business due to favorable business authority to have unimpeded access to the damaged property. conditions caused by the Impact of the Covered Cause of Loss on customers or on other businesses; CMI Authority Coverage for Business Income will begin 72 hours after the time of first action of civil authority (3)Theoperating thatt prohibits access to the described premises and will applyfar a period of up to four consecutive weeks from theexpenses,including payroll expenses,necessaryto resume"aperetlons"with the same qualityof t date on which such coverage began. service that existed just before the direct physical loss or damage;and CMlAuthorttyfor Extra Fxpensewill begin immediatelyafterihetime of the rust action of civil authoritythat prohibits (4)Other relevant sources of information,including: access to the described premises and will end: (a)Your financial records and accounting procedures; (1)Four consecutive weeks after the date of that action;or (b)Bills,invoices and other vouchers;and (2)When CMI Authority for Business Income ends; (b)Deeds,hens or contracts. whichever Is later. • h. The amount of Extra Expense will be determined based on: c.Extended Business Income (1)All expenses that exceed the normal operating expenses that would have been incurred by"operations"during the"period of restoration"If no direct physical loss or damage had occurred.We will deduct from the total of (1)Business Income Other Than"Rental Value" such expenses: If the necessary"suspension"of your"operations"produces a Business Income loss payable under this (a)The salvage value that remains of any property bought far temporary use during the"period of restoration" additional coverage,we will pay for the actual loss of Business Income you incur during the period that once"operations"are resumed;and- (a)Begins on the date property(except"finished stock")Is actually repaired,rebuilt or replaced and (b)My Extra Expense that is paid for by other insurance,except for insurance that Is written subject to the "operations"are resumed;end same plan,terms,conditions and provisions as this insurance;and (b)Ends an the earlier of (2)Necessary expenses that reduce the Business Income loss that otherwise would have been incurred. 0) The date you could restore your"operations,"with reasonable speed,to the levelwhich would generate I. Loss Payment the"business Income"amount that would have existed If no direct physical loss or damage had We will payfor covered loss within 30 days after we receive the swom proof of lass,If you have complied with all of occurred;or the terms of this Additional Coverage and: (II)30 consecutive days after the date determined in(1)(a)above. (1)We have reached an agreement with you on the amount of loss;or However,Extended Business Income does not apply to loss of Business Income incurred as a result of (2)An appraisal award has been made. unfavorable business conditions caused by the impact of the Covered Cause of Lass in the area where the J. Resumption of Operations described premises are located. We will reduce the amount of your. Loss of Business Income must be caused bydirect physical loss or damage at the described premises caused (1)Business Income loss,other than Extra Expense,to the extent you can resume your"operations;N whole or in by or resulting from any Covered Cause of Loss. part,by using damaged or undamaged property(including merchandise ar stock)et the described premises or (2)"Rental Value" elsewhere. lithe necessary"suspension"of your"operations"produces a"Rental Value"loss payable underthls additional (2)Extra Expense loss to the extent you can return"operations"to normal end discontinue such Extra Expense. coverage,we will pay for the actual loss of"Rental Value"you incur during the period that If you do not resume"operations;or do not resume"operations"as quickly as possible,we will pay based on the (a)Begins an the date property is actually repaired,rebuilt or replaced and tenantability is restored;and length of time it would have taken to resume'operations"as quickly as possible. MP 97671010 Includoseeyun'ghtednmtedal of!nsumncoaorvkes Once,Inc.ens Page 11 of25 Page 12 of25 Includos copyrightod material of Insurance Office.Inc.end MP 97 67 10 10 Nnodcan Association of Insurance aengcos,Inc.,with themrpermisslon American Association of Insurance Services,Inc.,wah emir permission 5. Limitation—Interruption of Computer Operations L Claims Expenses a. Coverage for Business Income does not apply when action Is taken to avoid or minimize a'suspension'of In the event of covered loss or physical damage we will pay up to$10,000 in any one occurrence as an additional Limit of 'operations'caused by destruction or corruption of electronic data,or any loss or damage to electronic data,except Insurance to cover reasonable expenses incurred by you at our specific request to assist us In: as provided under the Additional Coverage—Interruption Of Computer Operations. 1. The Investigation of a claim or suit;or b. Coverage for Extra Expense does not apply when action is taken to avoid or minimize a'suspension'of'operations' 2. The determination of the amount of loss,such as taking inventory,or auditing business records. caused by destruction or corruption of electronic data,oranyloss or damage to electronic data,except as provided M.Inventory Or Appraisal Cost under the Additional Coverage—Interruption Of Computer Operations. e. Electronic data means information,facts or computer programs stored as gran,created or used on,or transmitted We will pay up to$5,000 each occurrence forth°cost of any inventory or appraisal required ase result ofdirectphysical loss or damage to covered properly caused by or resulting from a Covered Cause of Loss. to or from computer software(including systems and applications software),on hard or floppy disks,CD-ROMs, tapes,drives,cells,data processing devices or any other repositories of computer software which are used with N. Money And Securities electronically controlled equipment.The term computer programs,referred to In the foregoing description of 1. We will payfor loss ofmoney'and'securities'used in your business caused try'theft,'disappearance or destruction. electronic data,means a set of related electronic Instructions which direct the operations and functions of a The most we will pay far loss In any one'occurrence'under this coverage is: computer or device connected to It,which enable the computer or device to receive,process,store,retrieve or send a, $10,000 for'money'and'securities'while Inside the'premises'ore'banking premises.' data. h. $5,000 for'money and'securities'while in the care and custody of a'messenger.' K. Business Income From Dependent Properties 2. Additional Exclusions Applicable to Money And Securities 1. Wewig pay for the actual loss of Business Income you sustain due to the necessary"suspension"of your"operations" during the coverage period.The"suspenslon"must he caused by direct physical loss of or damage at the premises ofa We will not pay for loss as specified below dependent property caused by or resulting from a Covered Cause of Loss. a. Loss resulting from accounting or arithmetical errors or omissions; However,this Additional Coverage does not apply when the only loss to dependent property is loss or damage to b. Loss resulting from the giving or surrendering of property in any exchange or purchase. electronic data,including destruction or corruption of electronic data.lithe dependent property sustains loss or damage a. Loss of property contained In any money operated device unless the amount of'money deposited in it is recorded to electronic data end other property,coverage under this Additional Coverage will not continue once the other property bye continuous recording Instrument in the device. is repaired,rebuilt or replaced.Electronic data has the meaning set forth in Paragraph 5.Limitation—Interruption of d. Loss resulting from any dishonest or criminal act committed by any of your'employees;directors,trustees or Computer Operations included in Additional Coverage—Business Income Including Extra Expense of this form. authorized representatives: The most we will pay under this Additional Coverage is$10,000 in any one occurrence. (1)Acting alone or In collusion with other persons;or 2. We wit reduce the amount of your Business Income loss,other than Extra Expense,to the extent you can resume (2)While performing services for you or otherwise. "operations,"In whole or In part,by using any other available: a. Source of materials;or e. Loss of property after it has been transferred or surrendered to a person or place outside the'premises'or'banking b. Outlet for your products. premises.' 3. If you do not resume'operations;or do not resume'operetions'as quickly as possible,we will pay based on the length (1)On the basis of unauthorized instructions;or of time it would have taken to resume'operations'as quickly as possible. (2)As a result ofa threat to do: 4. Business Income,as it pertains to this Additional Coverage—Business Income From Dependent Properties, (a)Bodily harm to any person;or means: a, Net Income(net profs or loss before income taxes)that would have been earned or Incurred if no physical loss or (h)Damage to any property. damage had occurred,but not including any net Income that would likely have been eamed as a result of an (3)But,this exclusion does not applyto loss of'money and'securities'while outside the'premises'or'banking Increase In the volume of business due to favorable business conditions caused bythe impact of the Covered premises'In the care end custody of a'messenger If you: Cause of Loss;and (a)Had no knowledge of any threat at the time the conveyance began;or b. Continuing normal operating expenses Incurred,Including ordinary payroll. (h)Had knowledge of a threat at the time the conveyance began,but the loss was not related to the threat 5. Dependent property means property operated by others whom you depend on to: f. Loss resulting from your,or anyone acting on your express or implied authority,being Induced by any dishonest act a. Deliver materials or services to you,or to others for your account But services does not mean water, to voluntarily part with title to or possession of any property. communication or power supply services; b. Accept your products or services; 3. Additional Conditions c. Manufacture your products for delivery to your customers under contract for sale;or • a. The reference to'money and'securities'In Subparagraph A2.a.Property Not Covered of the BUILDING AND d. Attract customers to your business. PERSONAL PROPERTY COVERAGE FORM does not apply to the coverage provided by thisform. The dependent property must be located in the coverage territory of this policy. b. You must keep records of all'money and'securities'so we can verify the amount of loss or damage, 6. The coverage period for Business Income under this Additional Coverage: O. Off Premises Power Failure—Direct Damage a. Begins 72 hours after the time of direct physical loss or damage caused by or resulting from any Covered Cause of 1. With respect to coverage provided In this Additional Coverage—Off Premises Power Failure—Direct Damage, Loss at the premises of the dependent property,and Exclusion B.1.e.of the CAUSES OF LOSS—SPECIAL FORM is deleted in its entirety and replaced as follows: b. Ends on the date when the property at the premises of the dependent property should be repaired,rebuilt or e. Utility Services replaced with reasonable speed and similar quality. The failure of utility service(otherthan Power Supply Service)supplied to the described premises,however caused, 7, The Business income coverage period,as stated In Paragraph 6,does not include anyincreased period required duet° ifthe failure occurs away from the described premises.Failure Includes lack of sufficient capacityand reduction In the enforcement of any ordinance or lawthat supply. a. Regulates the construction,use or repair,or requires the tearing down,of any property,or But if the failure of utility service results in a Covered Cause of Loss,we will pay for the loss or damage caused by b. Requires any insured°Tethers to test for,monitor,clean up,remove,contain,treat,detoxify or neutralize,or In any that Covered Cause of Loss. way respond to or assess the effects of"pollutants". This exclusion does not applyto the Business Income coverage orb Extra Expense coverage.Instead,the Special The expiration date of this policy will not reduce.the Business Income coverage period. Exclusion in Paragraph B.4.a.(1)applies to these coverages. MP 97 67 10 10 Includes copyrighted material of nsurance Services Office.Inc.and Page 13 of 25 Page 14 of 25 mcludas copyrighted material of Insurer ea SeMces O18ce,Inc.and MP 97 67 10 10 American Association of Insurance Simkoa,trc..ow the'vpermisslon American Association of Insuranco Saruces,Ire.,will their ponnioalor 2. The following Additional Coverage is added: 4. Coverage A:Coverage for Loss to the Undamaged Portion of the Building Off Premises Power Failure—Direct Damage a. If a Covered Cause of Loss occurs to covered building property at the premises described in the Declarations,we a. We will pay for loss of or damage to Covered Property caused by an interruption In Power Supply Service to the will pay far the loss in value of the undamaged portion of the building as a consequence of enforcement of an described premises.The Interruption in PowerSupplyServlce must result from direct physical loss or damage bye ordinance or law that requires demolition of undamaged parts of the same building. Covered Cause of Loss to property that is located off the described premises. b. Coverage A is Included within the Limit of Insurance applicable to the covered building property at the premises h. Coverage under this Additional Coverage does notapplyto loss or damage to electronic data,including destruction described in the Declarations.Coverage A does not Increase the Limit of Insurance. or corruption of electronic data.The term electronic data has the meaning set forth In Paragraph 5.Limitation— c. Loss will be determined as follows: Interruption of Computer Operations Included in Additional Coverage—Business Income Including Extra (1)If the Replacement Cost Coverage Option apples and the property is repaired or replaced,on the same Expense of this farm premises or another premises,we will not pay more than the lesser of c. Power Supply Service means the following types of property supplying electricity,steam or gas to the described (a)The amount you actually spend to repair,rebuild or reconstruct the building,but not for more than the premises: amount itwould cost to restore the building on the same premises and to the same height,floor area,style (1)Utility generating plants; and comparable quality of the original property Insured;or (2)Switching stations; (b)The Limit of Insurance shown in the Declarations as applicable to the covered building property. (3)Substations; (2)If the Replacement Cost Coverage Option applies and the property Is not repaired or replaced,or if the (4)Transformers;and Replacement Cost Coverage Option does not apply,we will not pay more than the lesser of (5)Transmission lines,including overhead transmission lines. (a)The actual cash value of the building at the time of loss;or d. The most we will pay for any one occurrence Is 810,000. (b)The Limit of Insurance shown in the Declarations as applicable to the covered building property. P. Ordinance Or Law Coverage 5. Coverages B:Demolition Cost and C:Increased Cost of Construction(Combined) Exclusion B.1.a.Ordinance Or Law of the CAUSES OF LOSS—SPECIAL FORM is deleted and the following coverage If a Covered Cause of Loss occurs to covered building property,we will pay up to 25 percent(25%)of the Umit of applies: Insurance applicable to building property at the premises described In the Declarations,subject to a maximum limit of 8150,000,forthe total of all covered losses(combined)for Demolition Cost and Increased Costa?Construction.Subject 1. Ordinance or Law Coverage applies only lithe following Is satisfied. to these limits of coverage,the following conditions will apply a. The ordinance or law. a. Demolition Cost (1)Regulates the demolition,construction or repair of buildings,or establishes zoning or land use requirements at (1)With respect to the building that has sustained covered direct physical damage,we will paythe costto demolish the described premises;and and clear the she of undamaged pans of the same building,as a consequence of enforcement elan ordinance (2)Is in force at the time of loss. or law that requires demolition of such undamaged property. But coverage under this endorsement applies only In response to the minimum requirements of the ordinance or (2)The Coinsurance Additional Condition does not apply to Demolition Cost law.Losses and costs incurred in complying with recommended actions or standards that exceed actual (3)We will not pay more than the amount you actually spend to demolish and clear the site of the premises requirements are not covered under this endorsement described in the Declarations. b. (1)The building sustains direct physical damage that Is covered under this policy and such damage results In h. Increased Cost of Construction enforcement of the ordinance or law or (1)With respect to the building that has sustained covered direct physical damage,we will pay the increased cost (2)The building sustains both direct physical damage that Is covered under this policy and direct physical damage to: that Is not covered under this policy,end the building damage In its entirety results in enforcement of the (a)Repair or reconstruct damaged portions al that building property,and/or ordinance or law. (3)But lithe building sustains direct physical damage that's not covered under this policy,and such damage is the (h)Reconstruct orremodel undamaged portions ofthat building property,whether ornot demolition is required; subject of the ordinance or law,then there is no coverage under this addinonal coverage even If the building has when the Increased cost is a consequence of enforcement of the minimum requirements of the ordinance or also sustained covered direct physical damage. law. e. In the situation described in 1.b.(2)above,wewill not paythe fun amount of loss otherwise payable underthe terms However. of Coverage Aandlor Coverage B and C Combined of this additional coverage.Instead,wevrill pay a proportion (a)This coverage applies only lithe restored or remodeled property is intended for similar occupancy as the of such loss;meaning the proportion that the covered direct physical damage bears to the total direct physical current property,unless such occupancy Is not permitted by zoning or land use ordinance or law. damage. (h)Wewill not payforincreased cost of construction if the building Is not repaired,reconstructed or remodeled. However,lithe covered direct physical damage,alone,would have resulted In enforcement of the ordinance or law, The Coinsurance Additional Condition does not apply to Increased Cost of Construction. then we will pay the full amount of loss otherwise payable under the terms of Coverages A and/or B and C (2)When covered building property is damaged or destroyed by a Covered Cause of Loss end Increased Cost of Combined of this endorsement Construction applies to that property in accordance with b.(1)above,coverage for the Increased Cost of 2. Under this coverage,we will not pay for loss due to any ordinance or law that: Construction also applies to repair or reconstruction of the following,subject to the same conditions stated In a. You were required to comply with before the loss,even lithe building was undamaged;and b.(1): b. You failed to comply with. (a)The cost of excavations,grading,backfilling and filing; 3. Under this coverage,we will not pay for. (b)Foundation of the building; a. Enforcement of any ordinance or lawwhich requires the demolition,repair,replacement,reconstruction,remodeling (c)Pilings;and or remediation of property citrate contamination by'pollutants'or due to the presence,growth,proliferation,spread (d)Underground pipes,flues and drains. or any activity offungus,'wet or dry rat or bacteria;or The items listed in(2)(a)through(2)(d)above are deleted from Property Not Covered,but only with respect to b. The costs associated with the enforcement of any ordinance or law which requires anyinsured or others to test for, the coverage described in this provision 5.b. monitor,clean up,remove,contain,treat,detoxify or neutralize,or in anyway respond to,or assess the effects of O 3 Loss Pa loth ant will be determined es follows: 'pollutants,"fungus,'wet or dry rot or bacteria. MP 97 67 10 10 Includes copyrighted material of Insurance services Office.Inc.and Page 15 of 25 Page 16 of25 Includescepylghtcd material of Insurance soMcos Olnca.Inc.end MP 97571010 American Azsociauon el Insurance Services,Inc.,0th Meir pemission American Association of Insurance Services,Inc..with Moirpum,issien (a)We will not pay (h)The property of others for which you are legally liable. (I) Until the property is actually repaired or replaced,at the same or another premises;and But this coverage applies only while such property is: (II)Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage, (a)In the custody of your salespersons or authorized sales representatives; not to exceed two years.We may extend this period In writing during the two years. (b)In your custody,if you are an Individual,while you are acting as a salesperson;or (h)lithe building Is repaired or replaced at the same premises,or you elect to rebuild at another premises,the (c)In due course of transit to or from your premises and your salespersons or authorized sales representatives. most we will pay Is the increased cost of construction at the same premises. 3, Additional Exclusion Applicable to Salespersons Samples O. Outdoor Signs We will not pay for loss as specified below. 1. We will pay for direct physical loss of or damage to at Outdoor Signs et the premises described in the Declarations: Theft from an unattended vehicle unless at the time of theft,its windows,doors and compartments were closed and a. owned by you;or locked and there are visible signs that the theft was the result of forced entry. b. owned by others but in your care,custody or control. 4. The most we will pay under this coverage is$2,500 in any one occurrence. 2. None of the exclusions In Section B.Exclusions cite CAUSES OF LOSS—SPECIAL FORM applyto Outdoor Signs provided under this coverage except a. B.1.c.Govemmental Action; Inland Marine Coverages b. MIA.Nuclear Hazard;and c. B.1.f.War and Military Action. The following coverages are added under 4.Additional Coverages of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM.The Additional Condition,Coinsurance,does not applyto these coverages. 3. We will not pay for loss or damage caused by or resulting from: A Installation Coverage wear and tear, b. hidden or latent defect, 1. Coverage e, rusk a. We will pay for loss of or damage to the following property d. corrosion;or (1)Materials,supplies,equipment,machinery and fixtures owned by you or In your care,custody or control,and e. mechanical breakdown. which are to be,installed by you or at your direction;end The most we will pay for loss of or damage in any one occurrence is$10,000. (2)Temporary structures built or assembled by you on site,Including cribbing,scaffolding end construction forms. R. Recharging Of Fire Extinguishers This property Is covered while: We will pay for expenses you incur forthe recharging of Fire Extinguishers made necessary by the fighting of a fire at the (1)At any job site you da not own,lease or operate; premises described in the Declarations or adjacent to such property. (2)Awaiting and during Installation,or awaiting acceptance by the purchaser, The most we will pay for any one occurrence Is$5,000. (3)At a"temporary storage location." S. Unauthorized Business Card Use But property in transit Is not covered except as provided under Property Extension—Property In Transit. We will payfor the loss of'money'resulting from theft,forgery or unauthorized use of credit,debit or charge cards issued in b. This Additional Coverage does not applyto: the business name to you,your partners or officers,including: (1)An existing building or structure to which en addition,alteration,improvement or repair Is being made; 1. Fund transfer cards; 2. Charge plates and (2)Property stored at a permanent warehouse or storage yard that you own; 3. Telephone cards. (3)A plan,blueprint,design or specification;and The most we will pay under this Additional Coverage during each 12 month period of this policy(Including any extension of (4)Machinery,tools,equipment,supplies or similar property that will not become a permanent part of the project less than one year),Is$5,000. This includes contractors equipment and other tools belonging to a contractor or sub-contractor. We will not pay far loss resulting from the use of any credit,debit or charge card d not customarily used in your business. c. We will not pay for loss or damage caused by or resulting from any of the following: T. Forgery Or Alteration (1)The cost to make good or replace faulty or defective materials or workmanship; 1. We wit pay for loss resulting directly from"forgery'or alteration ofchecks,drafts,promissory notes,or similar written (2)Penalties for noncompletion or non-compliance with any contract terms or conditions; promises,orders or directions to pay a sum certain In"money'that are: (3)Testing including stand-up performance,stress,pressure,overload testing of the covered property, (a) Made or drawn by or drawn upon you;or (4)A fault,defect,deficiency,error or omission in a plan,blueprint,design or specification;or (b) Made or drawn by one acting as yoragent or that are purported to have been so made or drown. (5)The weight of a load when it exceeds the designed capacity of any property covered under this Additional Coverage to lift,move or support the load from any position. For the purposes of this insuring Agreement,a substitute check as defined in the Check Clearing for the 21st Century Act shall be treated the same as the original it replaced. 2. The following Is added to E.7.Valuation of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM: 2. If you are sued for refusing to pay anyinstrument covered in Paragraph 1.above.on the basis that it has been forged or f. As respects your materials,supplies,machinery,fixtures and equipment and similar property of others in your care, altered,and you have our written consent to defend against the suit we vnil pay for any reasonable legal expenses that custody or control which will become a permanent part of your installation,fabrication or erection project,the value you incur and pay in that defense. of covered property may be valued as follows: 3. The most we will pay for any loss in any one'occurrence'including legal expenses is$10,000. (1)Actual Cost to Repair,Replace or Rebuild.The value of covered propertywill be based on the lesser of the U. Salespersons Samples following accounts: 1. We will pay for loss of or damage to Covered Property from a Covered Cause of Loss to samples(Including their (a)The actual cost to repair,replace or rebuild the covered propertywith materials of like kind and quality.The containers)of your stack In trade that are: actual cost may Include material,labor and reasonable overhead expenses;or (a)Owned by you;or (h)The amount you actually spend to repair,replace or rebuild the covered property. MP 97 67 10 10 Includes copyrighted maredal of Insuronwserveea eine,Inc.and Page 17 of25 Page 18 of25 Induaoscepeiahred material ofInsurance serAcos Office.Inc.and MP 97 67 10 10 American Association of Insurance SOMcea,Inc.,wth their permission Amed®n Assoclatbn of Insurance aeMwa,Inc.,wIth Nab permission This valuation provision does not apply to Paragraphs(2)or(3)below. (5)Vandalism and malicious mischief,or (2)Pair or Set.The value of a lost or damaged article which is part of a pair or set is based on a reasonable (6)Then proportion of the value of the entire pair or set.The loss is not considered a total loss of the pair or set. c. The following is added to A.2.Property Not Covered of the BUILDING AND PERSONAL PROPERTY (3)Loss to Parts.The value of a lost or damaged part Olen item that consists of several parts when it is complete COVERAGE FORM: Is based on the value of onlythe lost or damaged part or the cost to repair or replace It r. Property while stored or operated underground In connection with any mining operations. 3. Limit of Insurance d. The following is added to Paragraph 2.of B.Exclusions of the CAUSES OF LOSS-SPECIAL FORM: The most we will pay for loss or damage to property covered under this Additional Coverage is$10,000 per occurrence. n. We will not pay for loss or damage caused by puncture,blowout and road damage to tires and tubes mounted This Is the most we will pay regardless of. on vehicles.However,we do pay for puncture,blowout or road damage caused by a specified peril. a. The number or job sites you do not own,lease or operate;or o. We will not pay far loss caused by humidity,dampness,dryness or changes in or extremes of temperature. h. 'Temporary storage locations." p. We will not pay for loss caused by the weight of a load which,under the operating conditions at the time of a loss,exceeds the registered lifting capacity of any equipment or machine. 4. With respect to this coverage,Installation Coverage,Section D.Deductible of the BUILDING AND PERSONAL q, We will not pay for loss due to theft or mysterious disappearance from any vehicle or attached container.We PROPERTY COVERAGE FORM is deleted and replaced by the following: wit pay for loss due to burglary when there are signs of forcible entry to a locked vehicle or container. D. Deductible e. E.7.Valuation of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM Is deleted end replaced bythe We will not pay for loss or damage In any one occurrence unto the amount of loss Or damage exceeds$500.We following: will then pay the amount of loss or damage In excess of$500 up to the applicable limit of insurance. 7. Valuation 5. Paragraph e.of C.1.Limitations of the CAUSES OF LOSS—SPECIAL FORM is replaced bythe following: We will determine the value of covered property In the event of loss or damage as follows: e. Propertythat is missing,where the only evidence of the loss or damage is a shortage disclosed on taking inventory, a. At actual cash value at the time of the loss(with a deduction for depreciation)except as provided In or other Instances where there is no physical evidence to show what happened to the property. Paragraphs b.and c.following. But,this limitation does not apply to covered property In the custody of a carrier for hire. b. Pair or Set The value of a lost or damaged article which is part of a pair or set is based on a reasonable 6. The following are added to F.Additional Conditions of the BUILDING AND PERSONAL COVERAGE FORM: proportion of the value of the entire pair or set The loss is not considered a total loss of the pair or set. 3. Carriers for Hire c. Loss to Parts.The value o1 a lost or damaged part of an Item that consists of several parts when h Is You may accept bills of lading or shipping receipts Issued by carriers for hire that limit their liability to less than the complete is based on the value of only the lost or damaged part or the cost to repair or replace IL actual cash value of the covered property. 2. Rental Reimbursement 4. Coverage provided under the Installation Coverage will end when one of the following first occurs: In the event of loss by a covered peril to covered contractors'equipment that you own,we will reimburse you for your 1 This policyexpires or is cancelled; expense to rent similar equipment while your equipment Is inoperable. The most we will reimburse you for rental () Preimbursement expenses is$1,000.We will continue to reimburse you for the rental of equipment after the expiration (2)The property covered under this Additional Coverage Is accepted by the purchaser, date of this coverage provided the loss occurred before the expiration date. (3)Your interest In the property covered under this Additional Coverage ceases; We will net reimburse you: (4)You abandon the project to be performed by you for the purchaser,with no intention to complete it a. If you can continue or resume your operations with similar equipment that is available to you at no additional (5)90 days after the project to be performed by you far the purchaser Is completed,unless we specify a different expense to you;or date In writing. b. For the rental expense of any equipment unless you make every reasonable effort to repair,replace or rebuild the B. Contractors Equipment Coverage Inoperable equipment after the covered loss occurs. 1. Your"Small Tools"and'Small Tools"Owned by Your Employees 3. With respectto this Additional Coverage,Contractors Equipment Coverage,Section D.Deductible°lube BUILDING We will pay for your"small tools"and"small tools"owned by your employees.The most we will pay is as follows: AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced by the following: Limit for Your'Small Tools": $5,000.(maximum limit per item$1,000) D. Deductible Limit for"Small Tools'Owned by Your Employees: $1,000.(maximum limit per item$250) We will not payfor loss or damage In any one occurrence until the amount of loss or damage exceeds$500.We will then pay the amount of loss or damage In excess of$500 up to the applidahle limit of insurance. Leased and Rented Equipment We will not reimburse you for the rental of equipment until after 72 hours have passed since the covered property We will pay for contractors'equipment that Is leased or rented from others to you.Contractors'equipment means was rendered inoperable.After 72 hours have passed,we will only reimburse you for the rental expense that you machinery,equipment,and tools of a mobile nature that you use In your contracting,Installation,erection,or moving actually incur. operations or projects.The most we will pay for property leased or rented from others Is$5,000. The deductible of$500 does not apply to rental reimbursement expenses. a. Coverage applies only to covered property while: (1)At the described premises; (2)Ona"clients"premises;or General Liability Additional Coverages (3)In transit directly between the described premises and a"olient's"premises and while In a motorvehicle owned, leased or operated by the named insured. The following Additional Coverages are added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. b. The coverage provided by this Additional Coverage applies only to loss caused by or resulting tram the following A. Blanket Additional Insured Coverage causes of loss and only if they are Covered Causes of Loss: 1. SECTION II—WHO IS AN INSURED of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to (1)Fire: include as an insured any person or organization(referred to as Additional Insured)whom you are required to add as an (2)Lightning; Additional Insured on this policy under. (3)Explosion; a. A written contract or agreement end (4)Aircraft b. Where a certificate of insurance showing that person or organization as an additional insured has been issued;and MP 97 67 10 10 Includes copydghred material oflnsumnco Services OPiw.lnc.and Page 19 of 25 Page20 of25 Includes copyrighted motorial of Insurance Services Office,Ina end MP 97 67 10 10 American Association of Insurance services Ina.,with thea permission American Association or heumnco Services,Inc.,‘111 the4 pemission c. When the written contract or agreement end certificate of insurance are currently in effect or becoming in effect D. Blanket Waiver Of Transfer Of Rights 01 Recovery Against Others To Us during the term of the policy and executed prior to the"bodily injury,""property damage,"or"personal and The Transfer Of Rights Of Recovery Against Others To Us Condition(SECTION IV—COMMERCIAL GENERAL advertising injury." LIABILITY CONDITIONS)Is amended by the addition of the following: 2. The Insurance provided to the Additional Insured is limited asfollows: We waive any right of recovery we may have against any person or organization to whom you by written contract or written a. The Additional Insured Is only an additional Insured for agreement have waived your own righter recoveryfor loss caused bythat person or organization because of payments we (1)"Bodily Injury,""property damage,"or"personal and advertising Injury"caused In whole or in part by negligent make for Injury or damage arising out of your ongoing operations or'your work"done under a written contract or written acts or omissions of the Named Insured or anyone directly or indirectly employed bythe Named Insured or far agreement with that person or organization end included In the"productscompleted operations hazard.' whose acts a Named Insured maybe liable. This provision does not apply unless the written contract orwritten agreement has been executed Marto the'occurrene or (2)Liability arising out of your ongoing operations for the Additional Insured by or for you. A person's or offense giving rise to the'bodily injury or"property damage.' organization's status as an insured under this coverage ends when your operations far that insured are E. Voluntary Property Damage Coverage completed. 1. We will,at your request,pay but not defend any claim for"propertydamage"to the property of others otherwise excluded b. The Limits of Insurance applicable to the Additional Insured are those specified In the written contract or agreement under A.2.j.(4),(5)end(6)of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM provided that: but not more than the Limits of insurance specified In the Declarations for this policy.The Limits of Insurance a. Such"propertydamage"takes place while such property's In your care,custody or cannot,oris property of others applicable to the Additional Insured are Inclusive of and not in addition to the Limits of Insurance shown In the over which you,for any purpose,are exercising or have exercised physical control;and Declarations for the Named Insured. b. Such"property damage"takes place away from any premises you own,rent or lease;and 3. In addition to the other exclusions applicable to Section I,Coverages A.,B.and C.of the COMMERCIAL GENERAL e. Such"property damage"lakes place within the'coverage territory'end during the policy term;end LIABILITY COVERAGE FORM,the insurance provided to the Additional Insured does not apply to: a. "Property damage°to: d. Such"propertydremiu takes place only during your operations that are known to us,are scheduled on the policy (1)Property owned,used,occupied by,loaned or rented to the Additional Insured; and for whichn a premium has been charged. (2)Property In the cera,custodyor control of the Additional Insured or over which the Additional insured are for any 2. The Insurance under this servicing,additionalegcoverage does not premisesapply e"property damagedo"to groperty: purpose exercising physical control;or a. Held by you for repair,storage or sale at owned by,ranted or leased to you; (3)"Your work"performed for the Additional Insured. b. While being transported by or caused bythe ownership,maintenance,operation,use,'loading or unloading"of any Injury," "auto,"watercraft or aircraft or b. "Bodily J ry,"'property damage,"or"personal and advertising injury'arising out of an architects;engineers or c. Owned or occupied by or rented to you. surveyor's rendering or failure to render any professional services for you,far the Additional Insured or far others, including,but not limited to: 3. Deductible (1)The preparing,approving or failure to prepare or approve maps,drawings,opinions,reports,surveys,change This additional coverage will apply onlyto that amount of any loss In each"occurrence"that exceeds$500. orders,designs or specifications;or The terms of the p0lcywith respectto your duties in the event of"occurrence,"claimor"sui"and the Companys rightto (2)Supervisory,Inspection or engineering services. investigate,negotiate and settle any claim or"suit"apply irrespective of the application of the deductible amount of$500. c. 'Bodily injury'orproperty damage'mooning after. We may payany part or all of the deductible amount 010500 to effect settlement of any claim or"suit"Upon notification (1)All work,Including materials,parts or equipment furnished In connection with such work,on the project(other of the action taken,you must promptly reimburse us for such part of the deductible amount as has been paid by us. than service,maintenance orrepairs)to be performed by or on behalf of the additional insured at the site of the 4. Limits of Liability covered operations has been completed;or The Limit of Liability for this additional coverage shall not exceed$2,500 for each"occurrence"and is the limit of the (2)That portion of"your work'out of which the injury or damage arises has been put to Its intended use by any Companys liability far all damages on account of each claim or"suit"covered herein.The annual aggregate Limit of person or organization other than another contractor or subcontractor engaged In performing operations for a Liability is$2,500 and Is,subject to the above provisions respecting each claim,the total limit of the Companys liability principal as a part of the same project for all damages. 4. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS.Paragraph 4.Other Insurance,is amended to 5. Settlement add the following subparagraph: In the event of loss covered bythis additional coverage,you shall,if requested by us,replace the propertyor furnish the d. Additional Insured's Other Insurance As Excess Insurance labor and materials necessaryfor repairsthereto at actual cost to you,excluding prospective profit or overhead charges Tothe extent required hyan'insured contract,'this Insurance is primary onbehalf olthe Additional Insured;and any agony nature.Any property so paid for or replaced shall,at our option,becamethe propertyafthe Company.Payment hereunder shall not constitute en admission of liability of you or,except as stated herein,of the Company. other Insurance maintained by the Additional Insured Is excess and not contributory with this insurance.If the 'insured contract'does not require this provision,then Paragraph a.above will apply. B. Mobile Equipment Broadened Coverage Additional Conditions V.12.1.(1)of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by the following: -- -- - - - - - - (1)Equipment designed primarily for A. Insurance Under Two Or More Coverages (a)Snow Removal; The following Is added to Paragraph C.Insurance under Two or More Coverages of the COMMERCIAL PROPERTY CONDITIONS: (b)Road maintenance,but not construction or resurfacing;or If a Coverage Form Is attached to this policy that provides a limit for any coverage provided by this endorsement the limit (a)Street cleaning. shown in the SCHEDULE and the coverage provided by this endorsement are deleted and replaced by the limb and Except the above provisions do notapplyto self-propelled vehicles oflessthan 1,000 pounds grossvehicleweightwhich coverage provided by the Coverage Feria. are not Intended far use on a highway. B. Limits Of Insurance C. Aggregate Limit Per Project Regardless of the number of buildings at location covered by this endorsement,the most we will pay under this Coverage The General Aggregate Limit under SECTION III—LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY Enhancement endorsement in any one occurrence is the applicable Limits of Insurance shown In the SCHEDULE on page 1 COVERAGE FORM applies separately to each of your projects away from premises owned by or rented to you. of this endorsement MP 97 67 10 10 Includes copyrighted malarial of nsurance Seaman oifiw.lac.and Page 21 of 25 Page22 of25 Indudaa capydshtad material of nsuance Sonicosofce,Inc.end MP 97 67 10 10 American Assodason or Insurance SoMws,Inc..wxh thotr permission American Association of Insurance SeMccs.Inc..with their pennivion C. Deductibles (3)Any natural person who Is leased to you under a written agreement between you and a labor leasing firm,to The Deductible described in section D.of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM apples to perform duties related to the conduct of your business,but does not mean a temporary employee as defined In each of the Coverage Enhancements except as shown below Paragraph(2)above; We will not pay for loss or damage In any one occurrence until the amount of loss or damage exceeds$500.We will then (4)Any natural person who Is your director or trustee while that person is handling money or"seourittes," paythe amount of loss or damage in excess of$500 up to the applicable Limit of Insurance for the following enhancements: (5)Any natural person who Is a former"employee,'director,partner,member(en owner of a Smiled liability 1. Personal Effects and Property of Others company represented by its membership Interest,who also may serve as a manager),manager(a person 2. Valuable Papers end Records(Other than Electronic Data) serving Ina directorial capecityfora limited Iiabilitycompany),representative ortrustee retained asa consultant 3. Property ON-Premises(Including Laptops and Other Electronic Equipment) Any atural person seMces for you;or 4. Outdoor Property(Named Perils) (6)person while havingware and guest of studor ent morrsecuritiesrsuing "outsides or es,excluding,however,any such P custody Y� P 5. Accounts Receivable b. "Employee"does not mean: 6. Property In Transit(Including Laptops and Other Electronic Equipment) (1)Any agent broker,factor,commission merchant,consignee,independent contractor or representative of the 7. Fine Arts same general character,or 8. Electronic Data (2)Any manager(a person serving in a directorial capacityfor a limited liability company),director or trustee except 9. Water Back-Up end Sump Overflow while performing acts coming within the scope of the usual duties of an"employee." 10.Employee Theft 6. "Extra Expense"means necessary expenses you Incur during the"period of restoration"that you would not have 11.Money and Securities incurred if there had been no direct physical loss or damage to property caused by or resulting from a Covered Cause of Loss.Coverage pertains to expenses(other than the expense to repair or replace property)which are incurred to 12.Forgery or Alteration a. Avoid or minimize the"suspension"of business end to continue"operations"at the described premises or at No deductible provisions apply to the following enhancements: replacement premises or temporary locations,Including relocation expenses and costs to equip and operate the 1. Fire Department Service Charge replacement location or temporary location. 2. Arson Reward b. Minimize the"suspension"of business 8 you cannot continue"operations." 3. Claims Expenses 7. "Fine Arts"means paintings,etchings,pictures,tapestries,art glass windows,valuable rugs,statuary,marbles, 4. Inventory or Appraisal Cast bronzes,antique furniture,rare books,antique silver,manuscripts,porcelains,rare glass,brio-a-brat,end similar property of rarity,historical value or artistic mark 5. Recharging of Fire Extinguishers 8. "Finished Stock"means stock you have manufactured.Finished stock also includes whiskey and alcoholic products 6. Rental Reimbursement being aged. D. Additional Definitions 9. 'Forgery'means the signing of the name of another person orarganbation with intent to deceNe;h does not mean a The following Additional Definitions apply to this endorsement only signature which consists in whole or in part of one's own name signed with orwithout authority,In any capacity,firefly 1. "Banking Premises"means the interior of that portion of any building occupied bye banking institution or simlar safe purpose. depository. 10."Loss"as used in the Accounts Receivable Extension means accidental loss or damage. 2. "Business Income"means the: 11."Manager"as used in Employee Theft Coverage means a person serving in a directorial capacity for a limited liability a. Net Income(Net Profit or Loss before income taxes)that would have been earned had no loss occurred;and company. b. Continuing normal operating expenses incurred,including payroll. 12."Messenger"means you,any of your partners or any employee while having care and custody of the property outside the"premises." For manufacturing risks,Net Income includes the net sales value of production. 73."Money"means: 3. "Client'as used In Employee Theft Coverage means any entity for whom you perform services under a writer a. Currency,coins and hank notes whether or not In current use;end agreement 4. "Client"as used in Contractors Equipment Coverage means an individual,company ororgan¢ation with whom you b.Travelers checks,register checks end money orders held for sale to the public. have a written contract or work order for your services for a described premises and have billed for your services. 14."Occurrence"as used In the Money And Securities Coverage means an act or series of related acts involving one or 5. "Employee"as used in Employee Theft end Money And Securities Coverages means: more persuns;'or en actor evert or a series of related acts or events not Involving any person. a. "Employee"means: 15."Occurrence"as used in the Forgery Or Alteration Coverage means all loss caused by any person or in which that (1)Any natural person: person is involved,whether the loss involves one or more Instruments. (a)While In your service or 30 days attar termination of service; 16."Operations"as used In the Business Income Including Extra Expense and Business Income From Dependent Properties Coverages"Extra Expense"Definition means your business activities occurring at the address shown In the (b)Who you compensate directly by salary,wages or commissions;and Declaration that you occupy for your business. (a)Who you have the right to direct and control while performing services for you; 17."Period of Restoration"means the period of time that (2)Any natural person who is furnished temporarily to you: a. Begins with the date of direct physical loss or damage caused by or resulting from any Covered Cause of Loss at (a)To substitute for a permanent"employee"as defined In Paragraph(1)above,who is on leave;or the described premises;and (b)To meet seasonal or short-term work load conditions; b. Ends on the date when the property at the described premises should be repaired,rebuilt or replaced with while that person is subject to your direction and control and performing services far you,excluding, reasonable speed and similar quality. however,any such person while having care and custody of property outside the"premises"; "Period of Restoration"does not Include any increased period required due to the enforcement of enyordinance of law that (1)Regulates the construction,use or repair,or requires the tearing down of any property,or MP 97 6710 10 Includes mmHg Med material of lnsurance SorvicoaoRim,Inc.and Page 23 of 25 Page 24 of 25 Mdudea copyuuMod material of Insurance Senkoa Office,Inc.end MP 97 67 10 10 American Association of Insurance SoMcas,Inc..w0h Meir permission American Association or Insurance Services,Inc.,with Mon permission 1 (2)Requires any insured or others to test far,monitor,clean up,remove,contain,treat,detoxify or neutralize,or In anyway respond to,or assess the effects of"pollutants." 18."Pollutants"as used In the Business Income From Dependent Properties Coverage and the"Period of Restoration"Definition means any solid,liquid,gaseous or thermal irritant or contaminant,Including smoke,vapor, soot,fumes,acids,alkalis,chemicals and waste.Waste Includes materials to be recycled,reconditioned or reclaimed. 19."Premises"as used In the Money And Securities Coverage and"Employee"and"Messenger"Definitions means the interior of that portion of any building you occupy in conducting your business. 20."Premises"as used In the Accounts Receivable Extension means that Interior of the building atthe address shown In the Declarations that you occupy for your business. 21."Rental Value"means the: a. Total anticipated rental income from tenant occupancy of the premises described In the Declarations as furnished and equipped by you,and b. Amount of all charges which are the legal obligation of the tenant(s)and which would otherwise be your obligations, and c. Fair rental value of any portion of the described premises which Is occupied by you. 22."Securities"means negotiable end non-negotiable instruments or contracts representing either"money"or other property and Include: a. Tokens,tickets,revenue and other stamps whether or not in current use;end b. Evidences of debt issued in connection with credit or charge cards,which are not of your own issue but does not include"money." 23."Small Tools"means anytooiwhich can be moved easily by one person without mechanical assistance and/or can be hand held for the purpose of doing labor. 24."Suspension"means the slowdown or cessation of your business activities. 25."Temporary Storage Location"means a location where property that is to become a permanent part ale completed project is stored while waiting to be delivered to the Job site: a. That you do not own,lease or operate;and b. Where work Is In progress,or will begin in 30 days. 28."Theft"as used In the Employee Theft and Money And Securities Coverages means the unlawful taking of"money' or"securities"to the deprivation of the Insured. All Other Conditions of this Policy apply. • MP 97 87 10 10 Includescepydghtea mamdel of Insurance Services Office.Inc.end Page 25 of25 American Assorianon or Insurance cnsvas.Inc..with thew permission COMMERCIAL AUTO (2)Any covered'auto'hired or rented by your'employee'under a contract In that Individual"employ- BA 20 60 0411 ads"name,with your permission,while performing duties related to the conduct of your business. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. However,any'auto'that is leased,hired,rented or borrowed with a driver Is nota covered'auto'. If Employee Hired Autos Coverage Form CA 20 541s attached to this policy,then the Employee Hired Autos COMMERCIAL AUTO COVERAGE FORM C. Suelementarbeege aabove does not apply. pp ry yments ENHANCEMENT ENDORSEMENT Under SECTION II—LIABILITY COVERAGE,A2.,Coverage Extensions,a.Supplementary Payments, Paragraphs a.(2)and a.(4)are deleted and replaced by the following: This endorsement modifies Insurance provided under the following: (2)Up to$2,500 for cost of ball bonds(including bonds for related traffic law violations)required because of an'accident'we cover.We do not have to furnish these bonds. BUSINESS AUTO COVERAGE FORM (4)All reasonable expenses Incurred by the'insured'at our request,including actual loss of earnings up to $500 a day because of time off from work. With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless D. Transportation Expenses modified by the endorsement. A. SECTION II—LIABILITY COVERAGE,Al.Who Is An Insured,Is amended by the addition of the following: Under SECTION 111—PHYSICAL DAMAGE COVERAGE,A4.,Coverage Extensions,a.Transportation Expenses is deleted in its entirety and replaced with the following: 1. Broadened Named Insured a. Transportation Expenses Any organization you newly acquire or form,other than a partnership,joint venture or limited liability com- pany,and over which you maintain ownership or majority interest,and there Is no other similar insurance We will pay up to$50 per day to a maximum of$1,500 for temporary transportation expense incurred by available to that organization. you because of the total thea of a covered'auto of the private passenger type.We will pay only for those covered'autos'for which you carry either Comprehensive or Specified Causes Of Loss Coverage,includ- However,Insurance provided by this provision: Ing Theft Coverage.We will pay for temporary transportation expenses Incurred during the period begin- a. Is afforded only until the 180th day after you acquire or form the organization or the end of the policy ning 48 hours after the theft end ending,regardless of the policy's expiration,when the covered'auto'is period,whichever is earlier, returned to use or we pay for its'loss'. b. Does not apply to'bodily Injury'or'property damage'resulting from an'accident°that occurred be- E. Loss Of Use Expenses fore you acquired or formed the organization; Under SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,4.Coverage Extensions,the last c. Does not apply to an insured under any other automobile liability policy,or would be an insured under paragraph under b.Loss Of Use Expenses is replaced as follows: such a policy but for the exhaustion of such policy's Omits of insurance or the termination of such poll- However,the most we will pay for any expenses for loss of use is$65 per day,toe maximum of$1,000. cy,,and F. Theft Expense d. No newly acquired or formed organization is an Insured with respect to any current or past partner- Under SECTION III-PHYSICAL DAMAGE COVERAGE,A4.,Coverage Extensions,the following is add- ship,joint venture or limited liability company that Is not shown as a Named Insured in the Declare- lions. ed: 2. Blanket Additional Insured If Comprehensive Coverage is purchased on a covered'auto',and that covered'auto°Is stolen,we will pay the expense of returning That stolen auto to you.The limit for this coverage extension is$1,000. Any person or organization with respect to the operation,maintenance,or use,of a covered'auto'that G. Rental Agency Expense you are required to Include as additional Insured on the Coverage Form In a written agreement or written 'Insured contract'that Is signed and executed by you before the'bodily injury'or'property damage'oc. Under SECTION III—PHYSICAL DAMAGE COVERAGE,A.4.,Coverage Extensions,the following Is add- curs. ed: However,such person or organization is an Insured: We will pay the following expenses that you or any or your'employees'are legally obligated to pay because of a. Only for'ball),injury'or'property damage'caused by an'accident'which takes place after you exe- a written contract or written agreement entered into for use of a rental vehicle in the conduct of your business: culed the written agreement or written insured canlmcl'; Maximum amount we will pay for any one written contract or written agreement b. Is in effect during the policy period;and 1. $2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use c. Only for damages to which this insurance applies and only to the extent that person or organization due as a result of equal damage to,or'loss'of,that vehicle,Including Income test due to absence of that qualifies as an'insured'under the Who Is An Insured provision contained In Section II. vehicle for use as a replacement; B. Employee Hired Autos 2. $2,500 for decrease In trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered'loss';end 1. SECTION II—LIABILITY COVERAGE,Al.Who Is An Insured,is amended by the addition of the follow- 3. $2,500 for administrative expenses incurred by the rental agency,as slated In the written contractor writ- ing' ten agreement. An'employee-of yours is an'insured'while operating an'auto'hired or rented under a contract or 4. Maximum total amount payable under Paragraphs 1.,2.and 3.combined is$7,500. agreement in that'employee's'name,with your permission,whle performing duties related to the conduct of your business. H. Hired Auto Physical Damage 2. Under SECTION IV—BUSINESS AUTO CONDITIONS,B.5.,Other Insurance,Paragraph b.is deleted Under SECTION III—PHYSICAL DAMAGE COVERAGE,A4.,Coverage Extensions,the following is and replaced with the following: added: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered'autos'you own: (1)My covered"auto'you lease,hire,rent or borrow;and BA 20 60 0411 Includes copyrighted material of Insurance Services Office,Inc., Page 1 of 4 Page 2 of 4 Includes copyrighted material of Insurance Services Office,Inc., BA 20 60 0411 with Its permission with its permission If hired'autos'are covered'autos'for Liability Coverage,and if Comprehensive,Specified Causes Of Loss, This provision does not apply unless the permit has been Issued or the written contract or written agreement or Collision Coverage as provided under this Coverage Part,then coverage Is extended to'autos°you hire has been executed,prior to the'bodily injury"or"property damage'. without a driver,subject to the following: M.Unintentional Failure To Disclose Hazards 1. The most we wit pay for'loss to any hired'auto Is$35,000 or the actual cash value or cost to repair or Under SECTION IV—BUSINESS AUTO CONDITIONS,B.General Conditions,Paragraph 2.Concealment, replace,whichever is less,minus a deductible. Misrepresentation Or Fraud,is amended by the addition of the following: 2. The deductible will be equal to the largest deductible applicable to any owned'auto'for that coverage. The unintentional omission of,or unintentional error in,any Information given by you shall not prejudice your Coverage provided by this extension applies only to'autos you hire of the private passenger type or light truck rights under this insurance. However,this provision does not affect our right to collect additional premium or (gross vehicles weight 10,000 pounds or less)type vehicles. exercise our right of cancelation or non-renewal. If a limit for Hired Auto—Physical Damage is shown in the Declarations,then that limit replaces,and is not N. Duties In The Event Of Accident,Claim,Suit Or Loss added to,the$35,000 limit indicated above. Under SECTION IV—BUSINESS AUTO CONDITIONS,A.2.Duties In The Event Of Accident,Claim,Sult I. Airbag Coverage Or Loss,Paragraph 2.a.,Is deleted and replaced with the following: Under SECTION III—PHYSICAL DAMAGE COVERAGE,B.Exclusions,Paragraph 3.a.is replaced as fol- a. In the event of'accident",claim,'suit°or loss",you must give us or our authorized representative prompt lows: notice of the'accident"or'loss°after it becomes known to: a. Wear and tear,freezing,mechanical or electrical breakdown. However,mechanical or electrical break- (1)You,if you are an Individual; down does not apply to the unintended discharge of an airbag.Any loss covered under this provision is (2)A partner or member,if you area partnership or joint venture; excess over any other collectible insurance or warranty. (3)A member or manager,if you are a limited liability company,or J. Glass Breakage (4)An executive officer or Insurance manager Ifyou are an organization other than a partnership, Under SECTION 111—PHYSICAL DAMAGE COVERAGE,D.,Deductible,the following is added: 9 r9 p p,joint venture or limited liability company. However,if Comprehensive or Specked Causes Of Loss Coverage is purchased on a covered'auto'any Notice should include the following: deductible shown in the Declarations as applying to the covered-auto'will not apply to glass breakage if the damaged glass is repaired In a manner acceptable to us rather than replaced. (1)How,when and where the'accident'or'loss'occurred; K. Rental Reimbursement (2)The'insured's'name and address;and SECTION III—PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: (3)To the extent possible,the names and addresses of any Injured persons and witnesses. If Physical Damage Coverage for which a premium is shown,Is designated in the Declarations for a covered Your'employees may know of an'accident',claim,'suit-or'loss'.This will not mean that you have such 'auto'we will provide Rental Reimbursement Coverage. knowledge of an"accident",claim."suit"or"loss'. 1. We will pay for rental reimbursement expenses incurred by you for the rental of an'auto because of loss'to a covered'auto'.Payment applies In addition to the otherwise applicable amount of each cover- age you have on a covered'auto'.No deductible applies to this coverage. 2. We will pay only for those expenses incurred during the policy period beginning 24 hours after the'loss and ending,regardless of the policy's expiration,with the lesser of the following number of days: a. 30 days;or b. The number of days reasonably required to repair or replace the covered"auto".If'loss'is caused by theft,this number of days Is added to the number of days it takes to locale the covered'auto'and re- tum it to you. 3. Our payment is limited to the lesser of the following amounts: a. $40 any one day,or b. Necessary and actual expenses incurred. 4. This coverage does not apply while there are spare or reserve'autos'available to you for your operations. 5. If'loss'results from the total theft of a covered'auto'of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which Is not already provided for under Paragraph A.4.Coverage Extensions,a.Transportation Expenses. If Rental Reimbursement Coverage Form CA 99 23 is attached to this policy,then the Rental Reimbursement Coverage described above does not apply. L Blanket Waiver of Subrogation Under SECTION IV—BUSINESS AUTO CONDITIONS,A.Loss Conditions,Paragraph 5.,Transfer Of Rights Of Recovery Against Others To.Us,is amended by the addition of the following: We will,however,waive any right of recovery we may have against any person or organization because of payments we make for'bodily injury'or'property damage'arising out of the operation of a covered'auto' when you have assumed liability for such-bodily Injury'or'property damage'under an-insured contract". BA 20 60 0411 Includes copyrighted material of Insurance Services Office,Inc., Page 3 of 4 Page 4 of 4 Includes copyrighted material of Insurance Services Office,Inc., BA 20 60 0411 with its permission with its permission 4. • ENVIRONMENTAL ENVIRONMENTAL MARKEL° MSI. EVANSTON INSURANCE COMPANY EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ ITCAREFULLY. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ ITCAREFULLY. AUTOMATIC PRIMARY AND NON-CONTRIBUTORY INSURANCE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WRITTEN CONTRACT LIMITATION This endorsement modifies Insurance provided under the following,where indicated by an"X"In the checkhox below: This endorsement modifies insurance provided under the following,where indicated by an"X"in the checkbox(es)below ®CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM SCONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM SCHEDULE Person Or Organization: SCHEDULE My additional Insured with whom you agree in a written contract signed by both parties and executed prior to the Name Of Person Or Organization: commencement of operations to provide Primary and Non-Contributory status under this Insurance. Any person(s)or organization(s)with whom the insured agrees,in a written contract signed by both parties and executed prior to the commencement of operations to provide a waiver of transfer of rights of recovery. With respect to the coverage provided by this endorsement,the following is added to the Other Insurance condition of the Coverage Form(s)Indicated above: Primary And Non-Contributory Please refer to each Coverage Form to determine which terms are defined.Words shown In quotations on this This insurance is primary to,and will not seek contribution from,any other insurance available to the Person Or endorsement may or may not be defined in all Coverage Forms. Organization shown in the Schedule of this endorsement However,this does not apply to any'claim',"suit'or'pollution The following Is added to the Transfer Of Rights Of Recovery Against Others To Us condition of the Coverage Form(s) condition'resulting from the sole negligence of the Person Or Organization shown In the Schedule of this endorsement Indicated above: We waive any right of recovery we may have against the person or organization shown In the Schedule or this endorsement because of payments we make for Injury or damage arising out of your ongoing operations or'your work" done under a written contract with that person or organization and Included in the"products-completed operators All other terms and conditions remain unchanged. hazard'.This waiver applies only to the person or organization shown in the Schedule of this endorsement This waiver will not apply to'occurrences'resulting from the sole negligence of the person or organization shown in the Schedule of this endorsement All other terms and conditions remain unchanged. • MEET 2274 05 16 Includes copyrighted material of Insurance Services Office,Inc., Page 1 all with its permission. MEEI 2211 0516 Includes copyrighted material of Insurance Services Office,Inc., Page 1 of 1 with its permission. ENVIRONMENTAL ENVIRONMENTAL EVANSTON INSURANCE COMPANY EVANSTON INSURANCE COMPANY SITE POLLUTION AND ENVIRONMENTAL COVERAGE FORM SITE POLLUTION AND ENVIRONMENTAL COVERAGE FORM TABLE OF CONTENTS INSURING AGREEMENTS A.1.THROUGH A.12.PROVIDE CLAIMS-MADE AND REPORTED COVERAGE.CLAIMS- MADE AND REPORTED COVERAGE REQUIRES THAT A CLAIM BE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED TO US IN WRITING DURING THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD WE PROVIDE UNDER SECTION VI—EXTENDED REPORTING SECTION I—COVERAGES 2 PERIODS. A. Insuring Agreements 2 VARIOUS PROVISIONS IN THIS POLICY MAY RESTRICT OR EXCLUDE COVERAGE.PLEASE READ THE ENTIRE 1. Bodily Injury And Property Damage Resulting From Pollution Conditions 2 POLICY CAREFULLY TO DETERMINE THE INSURED'S RIGHTS AND DUTIES AND WHAT IS AND IS NOT 2. Transportation Pollution Liability 2 COVERED. 3. Non-Owned Disposal Sites 3 AMOUNTS INCURRED AS DEFENSE COSTS WILL REDUCE THE LIMIT OF INSURANCE AVAILABLE AND WILL 4. Non-Owned Locations 3 BE APPLIED AGAINST THE SELF-INSURED RETENTION OR DEDUCTIBLE,IF APPLICABLE. 5. Sudden And Abrupt Discharge,Release Or Escape Of Pollutants 3 Throughout this policy the words"you"and"your refer to the Named Insured shown In the Declarations,and any other 6. Crisis Management And Emergency Response Costs 3 person or organization qualifying.as a Named Insured under this policy.The words'we","us"and"our"refer to the 7. Business Interruption Expense 4 company providing this insurance. B. Off-Site Cleanup Costs Resulting From New Pollution Conditions 4 The word'insured"means any person or organization qualifying as such under Section III—Who Is An Insured. 9. Offsite Cleanup Casts Resulting From Pre-Existing Pollution Conditions 4 Other words and phrases that appear in quotation marks have special meaning.Refer to Section VII—Definitions. 10. On-Site Cleanup Costs Resulting From New Pollution Conditions 4 SECTION I—COVERAGES 11. Onsite Cleanup Costs Resulting From Pre-Existing Pollution Conditions 5 A. Insuring Agreements 12. Product Recall 5 The following Insuring Agreements apply only If Indicated by en"X"in the Declarations,and the"pollution condition" 13. Products Pollution 5 takes place in the"coverage territory'.The amount we will pay is limited as described In Section IV—Limits Of Insurance And Self-Insured Retention Or Deductible. B. Claims And Defense 6 1. Bodily Injury And Property Damage Resulting From Pollution Conditions C. Supplementary Payments 6 SECTION II—EXCLUSIONS 6 We will pay those sums that the Insured becomes legally obligated to pay as damages because of"bodily Injury' or"property damage"resulting from a"pollution condition"at,on or under,or migrating from,a"covered location", SECTION III—WHO!SAN INSURED 10 provided the"pollution condition": SECTION IV—LIMITS OF INSURANCE AND SELF-INSURED RETENTION OR DEDUCTIBLE 11 a. First commences during the policy period or after the Retroactive Date shown,if any,shown In the A. Limits Of Insurance 11 Declarations;and B. Self-Insured Retention 11 b. Results in a'claim"for damages that is first made against any Insured during the policy period and reported C. Deductible 12 to us in writing during the policy period or any applicable extended reporting period we provide under Section VI—Extended Reporting Periods. SECTION V—CONDITIONS 12 2. Transportation Pollution Liability SECTION VI—EXTENDED REPORTING PERIODS 15 We will pay those sums that the Insured becomes legally obligated to pay as damages because of"bodily injury', SECTION VII—DEFINITIONS 16 'property damage'or"cleanup costs"resoling from a"transportation pollution condition"to which this insurance applies,provided the"transportation pollution condition": a. First commences during the policy period or after the Retroactive Date,if any,shown in the Declarations; b. Arises out of'transported cargo'that is transported,delivered or shipped by you in a"covered conveyance", or by a'carrier on your behalf;and MEEI 0008 11 17 Includes copyrighted material of Insurance Services Office,Inc., Page 1 of 22 MEEI 0008 11 17 Includes copyrighted material of Insurance Services Office,Inc., Page 2 of 22 with its permission. with its permission. a. • c. Results in a"claim"for damages that Is first made against any insured during the policy period and reported We will pay those"crisis management costs"you Incur even If coverage hereunder is still to be confirmed by to us In writing during the policy period or any applicable extended reporting period we provide under Section us,but we will stop paying such"crisis management costs"as soon as ft becomes evident,to either you or us, VI—Extended Reporting Periods. that this Insurance does not apply."Crisis management costs"are not subject to the self-Insured retention or This coverage shall not be utilized to evidence financial responsibility of any Insured under any applicable federal, deducible;and state,provincial or local law. b. "Emergency response costs"you Incur as a direct result of the"pollution condition"that has resulted in a 3. Non Owned Disposal Sites "loss"covered under this policy. We will pay those sums that the insured becomes legally obligated to pay as damages because of"bodily Injury', 7. Business Interruption Expense "property damage"or"cleanup costs"resulting from a"pollution condition"originating at on or under,or migrating We will Indemnify you for"business interruption expense"you Incur due to"business interruption"that results from,a covered'non-owned disposal site",provided the"pollution condition": solely and directly from a"pollution condition"at,on or under,or migrating from,a"covered location",provided the a. First commences during the policy period or after the Retroactive Date,if any,shown In the Declarations;and "pollution condition": b. Results In a"dale for damages that Is first made against any insured during the policy period and reported a. First commences during the policy period or alter the Retroactive Date,if any,shown in the Declarations; to us in writing during the policy period or any applicable extended reporting period we provide under Section b. Is first discovered and reported to us in writing during the policy period;and VI—Extended Reporting Periods. c. Has been reported to the appropriate governmental agency In compliance with applicable"environmental law" 4. Non-Owned Locations In effect as of the date of such discovery. We will pay those sums that the Insured becomes legally obligated to pay as damages because of"bodily Injury", We will indemnify you only for that portion of"business intermpllon expense'you incur during the"period of "property damage"or'cleanup costs"resulting from a"pollution condition"originating at,on or under,or migrating restoration"caused solely and directly by such"pollution condition". from,a covered"non-owned location',provided the"pollution condition": For purposes of this coverage,discovery will be deemed to occur when any"responsible Insured"first becomes a. First commences during the policy period or after the Retroactive Date,if any,shown In the Declarations;and aware of the"pollution condition". b. Results in a'Vale for damages that Is first made against any insured during the policy period and reported S. Off-Site Cleanup Costs Resulting Prom New Pollution Conditions to us In writing during the policy period or any applicable extended reporting period we provide under Section We will pay those sums that the Insured becomes legally obligated to pay for"cleanup costs"resulting from a VI—Extended Reporting Periods. "pollution condition".migrating from a"covered location",provided the"pollution condition"first commences during This coverage apples to"claims"for damages only if you have assumed responsibility for such damages under a the policy period or-afterthe Retroactive Date,If any,shown In the Declarations,and the"pollution condition": written contract or agreement with the owner of the covered"non-owned location". a. Is first discovered and reported to us In writing during the policy period;or S.Sudden And Abrupt Discharge,Release Or Escape Of Pollutants b. Results In a'claim"for"cleanup costs"that Is first made against any insured during the policy period and We will pay those sums that the Insured becomes legally obligated to pay es damages because of"bodily Injury', reported to us In writing during the policy period or any applicable extended reporting period we provide under "property damage"or"cleanup costs°resulting from a sudden and abrupt"pollution condition"originating at,on or Section Vi—Extended Reporting Periods. under,or migrating from,a"covered location",provided: For purposes of this coverage,discovery will be deemed to occur when a"responsible insured"first becomes a. The sudden and abrupt"pollution condition"Is the result of an unforeseen,unplanned or unexpected event or aware of the"pollution condition". circumstance; 9. Offsite Cleanup Costs Resulting From Pre-Existing Pollution Conditions b. The sudden and abrupt"pollution condition"commences during the policy period; We will pay those sums that the Insured becomes legally obligated to pay for"cleanup costs"resulting from a c. The sudden end abrupt"pollution condition"Is first discovered by any insured no later than 7 days after It "pollution condition"migrating from a"covered location",provided the"pollution condition"first commences prior commences,unless a different period Is shown in the Schedule Of Covered Locations; to the Retroactive Date,if any,shown In the Declarations,and the"pollution condition": d. The Insured reports the commencement of the sudden and abrupt"pollution condition"to us In writing no later a. Is first discovered and reported to us in writing during the policy period;or than 21 days following its discovery by any Insured,unless a different period is shown in the Schedule Of b. Results In a"claim"for"cleanup costs"that is first made against any insured during the policy period and Covered Locations;end reported to us in writingduringthe olio period or anyapplicable extended reporting period we provide under P policy PP P 9 e. The"claim"Is first made during the policy period or the Basic Extended Reporting Period,as provided under Section V1—Extended Reporting Periods. Section VI—Extended Reporting Periods. For purposes of this coverage,discovery will be deemed to occur when a"responsible insured"first becomes B. Crisis Management And Emergency Response Costs aware of the"pollution condition". We will Indemnify you for. 10.On-Site Cleanup Costs Resulting From New Pollution Conditions a. "Crisis management costs"you incur as a direct result of a"crisis management event",provided that the We will pay those sums that the Insured becomes legally obligated to pay for"cleanup costs"resulting from a "crisis management event": "pollution condition"at,on or under a"covered location",provided the"pollution condition"first commences during (1)Arises directly from a"pollution condition"that has resulted or is reasonably likely to result Ina"loss" the policy period or after the Retroactive Date,If any.shown In the Declarations,and the"pollution condition: covered under this policy, a. Is first discovered and reported to us In writing during the policy period;or (2)Commences during the policy period;and b. Results in a"claim"for"cleanup costs"that Is first made against any insured during the policy period and (3)First becomes known toe"responsible Insured"during the policy period end reported to us in writing as reported to us In writing during the policy period or any applicable extended reporting period we provide under soon as practical,but in any event during the policy period or within 30 days after the end of the policy Section VI—Extended Reporting Periods. period. MEEI 0008 11 17 Includes copyrighted material of.Insurance Services Office,Inc., Page 3 of 22 MEEI 0008 11 17 Includes copyrighted material of Insurance Services Office,Inc., Page 4 of 22 with its permission. with its permission. • For purposes of this coverage,discovery will be deemed to occur when a"responsible insured"first becomes c. "Bodily Injury','property damage"or"cleanup costs"will be deemed to have occurred at the earliest time aware of the"pollution condition". when any"responsible insured": 11.Onsite Cleanup Costs Resulting From Pre-Existing Pollution Conditions (1)Reports all,or any part,of the"bodily Injury","property damage"or"cleanup costs"to us or any other We will pay those sums that the insured becomes legally obligated to pay for"cleanup costs"resulting from a Insurer, "pollution condition"at,on or under a"covered location",provided the"pollution condition"first commences prior (2)Receives a written or verbal demand or"claim"for damages because o1"bodily Injury","property to the Retroactive Date,If any,shown In the Declarations,and the"pollution condition': damage"or"cleanup costs";or a. Is first discovered and reported to us In writing during the policy period;or (3)Becomes aware by any other means that"bodily injury',"property damage"or"cleanup costs"have b. Resuhs in a"claim"for"cleanup costs"that is first made against any Insured during the policy period end occurred or begun to occur. reported to us in writing during thepolicyperiod or any applicable extended reporting period we provide under B. Claims And Defense Section VI—Extended Reporting Periods 1. With respect to Insuring Agreements Al,through A.12.,a"claim"b g y e person or organization seeking damages For purposes of this coverage,discovery will be deemed to occur when a"responsible insured"first becomes will be deemed to have been made at the earlier of the following times: aware of the"pollution condition". a.When notice of such"claim"Is received and recorded by any Insured or by us,whichever comes first;or 12.Product Recall b. When we make settlement In accordance with Paragraph 0.2.below. a. We will Indemnify you for product withdrawal expenses"you incur due to a"product withdrawal"that results All"claims"for damages arising out of the same,related or continuous"pollution condition"will be considered a from a"pollution condition'arising out of"your produc",provided the'pollution condition": single"claim"and will be deemed to have been first made and reported or incurred at the time the first"claim"Is (1)First commences during the policy period or after the Retroactive Date,If any,shown in the Declarations; made against any insured. and 2. We will have the right and duty to defend the insured against any"suit"seeking Nose damages to which this (2)Is first discovered and reported to us In writing during the policy period. Insurance applies.However,we will have no duty to defend the Insured against any"suit"seeking damages to b. This Insurance applies toe"product withdrawal'only if the"product withdrawal"Is initiated during the policy which this Insurance does not apply.We may,at our discretion,Investigate any"pollution condition"regardless of period because: whether any"claim"has been made.However,we have no obligation to participate In any voluntary appeal. (1)You determine that the"product withdrawal"'Is necessary;or Where allowable by law,we have the right to select and appoint counsel to represent any insured. (2)An authorized government entity has ordered you to conduct a"product withdrawal'. We will settle any"claim"as we deem appropriate. c. We will reimburse you for covered"product withdrawal expenses"only It With respect to any"claim"we defend,we will pay'defense costs"for the Investigation,contest,defense or appeal of a specific'claim".Such"defense costs"payments will reduce the applicable limit of Insurance shown in (1)The expenses are Incurred within 1 year of the date the"product withdrawal"was Initiated; the Declarations and set forth in Section IV—Limits Of Insurance And Self-Insured Retention Or Deductible; (2)The expenses are reported to us within 1 year of the date the expenses were incurred;and however,the most we will pay for'defense costs'for each disciplinary proceeding made against you or any third party Is the Disciplinary Proceedings Defense Costs limit shown In the Declarations. (3)The product that Is the subject of the'product withdrawal'was produced after the Product Withdrawal Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of Cut-Off Date shown In the Schedule Of Covered Products. judgments,settlements,"defense costs"or supplementary payments. d. The initiation of a"product withdrawal"will be deemed to have been made only at the earliest of the following C. Supplementary Payments times: (1)When you first announced,In any manner,to the general public,your vendors or to your"employees" We will reimburse you for actual loss of earnings and reasonable personal and travel expenses,up to$500 per day,if (other than those"employees"directly Involved In making the determination)your decision to conductor Incurred by you or an"employee"on your behalf in the course of defending a"suit",to: participate In a"product Withdrawal'.This applies regardless of whether the determination to conduct a 1. Attend a hearing deposition or trial at our written request; "product withdrawal'Is made by you or Is requested by a third party,or 2. Attend a disciplinary proceeding made against you or any third party;or (2)When you first received,either orally or In writing,notification of an order from an authorized government 3. Produce documents or respond to a subpoena for records; entity to conduct a"product withdrawal". e. "Product withdrawal expenses"incurred to withdraw"your products"which contain the same or substantially The most we will pay for such loss of earnings or expenses for each"claim"or each disciplinary proceeding is the similar"defects"will be deemed to have arisen out of the same"product withdrawal". Disciplinary Proceedings Loss Of Earnings Or Expenses limit shown In the Declarations. 13.Products Pollution These payments will reduce the applicable limit of Insurance. a. We will pay Nose sums that the insured becomes legally obligated to pay as damages because of"bodily SECTION 11—EXCLUSIONS injury","property damage"or"cleanup costs"resulting from a"pollution condition"arising out of"your This Insurance does not apply to: products",provided that the"bodily Injury","properly damage"or"cleanup costs"occurs during the policy period. 1. Asbestos b. "Bodily Injury',"property damage"or"cleanup costs"which occurs during the policy period and was not,prior "Loss"in any way involving asbestos,asbestos products,asbestos fibers or asbestos dust However,this exclusion to the policy period,known to have occurred by any"responsible insured"Includes any continuation,change does not apply to asbestos in groundwater or soil. or resumption of that"bodily Injury","property damage"or"cleanup costs"after the end of the policy period. 2. Banned Products Or Components MEET 0008 11 17 Includes copyrighted material of Insurance Services Office,Inc., Page 6 of 22 MEET 0008 11 17 Includes copyrighted material of Insurance Services Office,Inc., Page 6 of 22 with Its permission. with its permission. • 'Product withdrawal expenses"arising out of a recall when'your product'or a component contained within"your b. Failure to comply with any required by federal,state,local or provincial laws including,but not limited to,statutes, product'has been: rules,ordinances,guidance documents,regulations,and all amendments thereto,Including state voluntary a. Banned from the market by an authorized govemment entity prior to the policy period;or cleanup or risk-based corrective action guidance,governing the liability or responsibilities of the Insured;or b. Distributed or sold by any Insured subsequent to any governmental ban. c. Failure to comply with any permit,administrative complaint,notice of violation,notice letter,executive order or Instruction of any governmental or public agency or body,either before or after the beginning of the policy period. 3. Capital Expenditures 10.Known Conditions Any'capital expenditure°et a'covered location'.However,this exclusion does not apply to any"capital expenditure° "Loss"arising out of or in any way related to a'pollution condition",including any subsequent continuation or related to"emergency response costs covered under Insuring Agreement A.B.Crisis Management And Emergency resumption of or changes In such"pollution condition",that existed prior to the policy period,or that was known to any Response Casts,if shown as covered in the Declarations. "responsible Insured"at any time before the beginning of the policy period.However,this exclusion does not apply If 4. Communicable Disease the known"pollution condition"is shown in a Schedule Of Known Pollution Conditions attached to this Coverage 'Loss'due to the presence of a communicable disease,which means an Illness,sickness,physical condition,or an Form. Interruption or disorder of bodily functions,systems,or organs that Is transmissible by infection or contagion directly or 11.Lead Paint Indirectly through human contact or contact with human fluids,waste or similar agents. "Loss"In any way involving a"pollution condition"that results from the existence,required removal,voluntary removal However,this exclusion does not apply to the discharge,dispersal or release of"mold"or legionella. or abatement of paint containing lead.However,this exclusion does not apply to lead based paint in groundwater or 5. Contractual Liability soil. "Loss"for which the Insured is obligated to pay damages by reason of the assumption o1 liability In a contract or 12.Material Change In Use agreement However,this exclusion does not apply to(lability for damages: "Loss'In any way involving a change in the use or operations at a"covered location'that materially Increases the a. That the Insured would have In the absence of the contract or agreement;or likelihood or severity of a'pollution condition"or'claim"as compared with use or operations existing at this policy's Inception date as disclosed to us on the application and all supporting documentation. b. Assumed In a contract or agreement that is an"insured contract',provided the"loss"occurs subsequent to the 13.New Pollution Condition At Divested Property execution of the contract or agreement Solely for the purpose of liability assumed In an"insured contract", reasonable a0ameys'fees and necessary litigation expenses Incurred by or for a party other than an insured ere "Loss"arising out of a"pollution condition"at,on,under or migrating from any premises,Including any"covered deemed to be damages because of"loss"provided: location",if the"pollution cardigan"first commences after the premises,either in its entirety or partially,has been: (1)Liability to such party for,or for the cost of,that party's defense has also been assumed In the same'Insured a. Sold,abandoned,discharged,disposed of or given away by you;or contract';and b. Condemned by any local,state or federal government or agency. (2)Such attorneys'fees and litigation expenses are far defense of that party against a civil or alternative dispute This exclusion does not apply to Insuring Agreements A.1.Bodily Injury And Property Damage Resulting From resolution proceeding in which damages to which this insurance applies are alleged. Pollution Conditions,A.9.OB-Site Cleanup Costs Resulting From Pre-Existing Pollution Conditions,or A.11.On-Site e.Criminal Fines Md Criminal Penalties Cleanup Costs Resulting From Pre-Existing Pollution Conditions,If shown as covered in the Declarations. My criminal fines or criminal penalties or awards for multiplied damages assessed against an insured related to 14.Nuclear Energy Liability "claims"covered by this policy.However,where allowable by law,this exclusion does not apply to punitive or "Loss": exemplary damages. 7. Employer's Liabilitya.Wth respect to which an insured under the policy Is also an insured under a nuclear energy liability policy Issued by the Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear "Bodily injury'"to: Insurance Association of Canada or any of their successors,or would be an insured under any such policy but for a. An"employee"of the insured arising out of end In the course of its termination upon exhaustion of its limit of liability; (1)Employment by the Insured;or b.Resulting from the'hazardous properties"of"nuclear material"and with respect to which: (2)Performing duties related to the conduct of the insured's business;or (1)Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1854,or any law amendatory thereof;or b. The spouse,child,parent,brother or sister of that°employee°as a consequence of this exclusion 7. (2)The insured is,or had this policy not been Issued would be,entitled to Indemnity from the United States of This exclusion applies whether the insured may be gable as an employer or in any other capacity,to any obligation to America,or any agency thereof,under any agreement entered into by the United States of America,or any share damages with or repay someone else who must pay damages because of the Injury,and to any liability under agency thereof,with any person or organization;or an"insured contract". • c.Resulting from the"hazardous properties"of"nuclear materiae,if: 8.Insured Versus Insured (1)The"nuclear material": Any"claim"made by or on behalf of an insured against any other Insured.However,this exclusion does not apply with (a)Is at any"nuclear facility'owned by,or operated by or on behalf of,an insured;or respect to"claims"against you made by any additional Insured seeking coverage or Indemnification pursuant to a written contractor agreement when such additional Insured Is specifically endowed on the policy. (b)Has been discharged or dispersed therefrom; 9. Intentional Acts (2)The"nuclear materiae is contained in"spent fuer or"waste"at any time possessed,handled,used,processed, "Loss"arising out of intentional,willful or deliberate: stored,transported or disposed of,by or on behalf of an Insured;or a. Injury to persons or property; MEEI 000811 17 Includes copyrighted material of Insurance Services Office,Inc., Page 7 0122 MEEI 0008 11 17 Includes copyrighted material of Insurance Services Office,Inc., Page S 0122 with its permission. with its permission. (3)The loss"arises out of the furnishing by an Insured of services,materials,parts or equipment in connection "Loss"in any way involving any"underground storage tank'or associated underground piping at a"covered location", with the planning,construction,maintenance,operation or use of any"nuclear facility',but if such facility is whether operational,closed,or removed. located within the United States of America,its territories or possessions or Canada,this exclusion(3)applies However,this exclusion does not apply: only to"property damage"to such"nuclear facility"and any property thereat As used in this exclusion: a. If you were unaware of the existence of such"underground storage tank'or associated underground piping before a"claim"involving the"underground storage tank"or associated underground piping was first made 'Hazardous properties"includes radioactive,toxic or explosive properties. against any insured; "Nuclear matador means"source materiar,"special nuclear material"or"by-product materiar. b. To any underground septic or sewage tank or associated underground piping;or "Source materiar,"special nuclear materiar and"by-product materiar have the meanings given them in the Atomic c. To any"underground storage tank"or associated underground piping that is shown in a Schedule Of Energy Act of 1954 or In any law amendatory thereof. Underground Storage Tanks attached to this Coverage Form "Spent fuer means any fuel element or fuel component,solid or liquid,which has been used or exposed to radiation 19.Vehicles Ina"nuclear reactor". "Loss"arising out of the ownership,maintenance,use,operation,or entrustment to others of any aircraft,"unmanned 'Waste"means any waste material: aircraft',"auto"or watercraft.Use includes"loading or unloading". a. Containing"by-product matador other than the tailings or wastes produced by the extraction or concentration of However,this exclusion does not apply to: uranium or thorium from any ore processed primarily for its"source material"content,end a. "Loading or unloading"within the boundaries of any location covered under this policy;or b. Resulting from the operation by any person or organization of any"nuclear facility'included under the first two paragraphs of the definition of°nuclear facility'. b. Insuring Agreement A.2.Transportation Pollution Uability,if shown as covered in the Declarations. "Nuclear facility"means: 20.War aAny"nuclear reactor; "Loss",however caused,arising,directly or indirectly,out of: bAny equipment or device designed or used for. a. War,including undeclared or civil war, (1)Separating the Isotopes of uranium or plutonium; b. Warlike action by a military force,Including action taken in the hindering or defending against an actual or expected attack,by any government,sovereign or other authority using military personnel or other agents;,or (2)Processing or utilizing°spent fuel';or c. Insurrection,rebellion,revolution,usurped power,or action taken by governmental authority in hindering or (3)Handling,processing or packaging"waste"; defending against any of these. aAny equipment or device used for the processing,fabricating or alloying of"special nuclear materiar if at any time 21.Wells the total amount of such material in the custody of the Insured at the premises where such equipment or device is "Loss"in any way involving the discharge,escape,mi ration,release or seepage of oil, es,drilling quid,or an other located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof,or Y Y 9 g99 9 Y more than 250 grams of uranium 235; fluid,from any oil,gas,mineral or geothermal weft diary structure,basin,excavation,premises or place prepared or used for the storage or disposal of"waste"; 22.Workers'Compensation And Similar Laws and Includes the site on which any of the foregoing Is located,all operations conducted on such site and all premises Any obligation of the insured under a workers'compensation,disability benefits or unemployment compensation law or any similar law. used for such operations. "Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction 23.Your Product or to contain a critical mass of fissionable material. "Loss"arising out of"your product'. "Property damage"includes all forms of radioactive contamination of property. This exclusion does not apply to Insuring Agreement A.13.Products Pollution, If shown as covered In the 15.Professional Services Declarations. "Loss•arising out of any alleged or actual act,error or omission In the rendering of or failure to render"professional 24.Your Property—Damage Or Cleanup Costs services"by you or anyone else for whom you are legally liable. "Property damage"or"cleanup costs"for property owned,leased or operated by you,or property in your care, This exclusion applies even if the"claims"against any Insured allege negligence or other wrongdoing in the custody or control,even if any cost Is Incurred or expended to avoid or mitigate further damage or"claims". supervision,hiring,employment,training or monitoring of others by that Insured,If the"pollution condition"which This exclusion does not apply to: caused the"loss"involved the rendering of or failure to render"professional services". a. "Cleanup costs"under Insuring Agreement A.10.On-Site Cleanup Costs Resulting From New Pollution If,Property Damage To Cargo Conditions or Insuring Agreement A.11.OnShe Cleanup Costs Resulting From Pre-Existing Pollution Conditions, "Property damage"to"transported cargo" if shown as covered in the Declarations; 17.Property Damage To Conveyances b. "Property damage"to personal property of others In your care,custody or control for the purpose of sale,storage, safekeeping,or for the purpose of having operations performed an such property on your behalf,or "Property damage"to any"auto",railcar,train,watercraft or aircraft operated by or on behalf of any insured resulting e. 'Restoration costs". from a"pollution Condition'caused by"transported cargo".However,this exclusion does not apply to any"claim" brought by any"carrier for"property damage"arising out of the insured's negligence. SECTION III—WHO IS AN INSURED 18.Underground Storage Tanks Each of the following Is an Insured under this Coverage Form MEET 0008 11 17 Includes copyrighted material of Insurance Services Office,Inc., Page 9 of 22 MEET 000811 17 Includes copyrighted material of Insurance Services Office,Inc., Page 10 of 22 with its permission. with its permission. • • 1. You; C. Deductible • 2. Your trustee in bankruptcy or receivership,but only with respect to their duties as trustees; The following applies only if Deductible is selected In the Declarations: 3. Any of your past or present directors,"executive officers",partners,or"employees",but only while acting within the 1. Our obligation to pay damages for"loss"on your behalf applies only to the amount of damages In excess of the scope of his or her duties as such;and Deductible shown In the Declarations. 4. My"responsible Insured". 2. The deductible applies separately to each"pollution condition",and may be applied to supplementary payments, SECTION IV—LIMITS OF INSURANCE AND SELF-INSURED RETENTION OR DEDUCTIBLE settlements or indemnification. A.Limits Of Insurance 3. The terms of this insurance,including those with respect to: 1. The Limits Of Insurance shown In the Declarations and the rules below fa the most we will pay regardless of the a. Our right and duty to defend the insured against any"claims"seeking those damages;end number of insureds,"claims"made,or persons or organizations making"claims". b. Your duties In the event of a"pollution condition"; 2. Paragraphs 3.and 4.below are subject to the Coverage Form Aggregate Limit shown in the Declarations.The apply irrespective of the application of the deductible. Coverage Form Aggregate Limit is the most we will pay for the sum of all"loss","defense costs"and 4, At our sale election and option,we may either: supplementary payments arising out of all"pollution conditions"under all Insuring Agreements. 3. The Each Coverage Aggregate Limit shown In the Declarations is the most we will pay for the sum of all"loss", a. Pay any part or all of the deductible to a tit t settlement of any"claim',end upon notification of the action "defense costs"and supplementary payments,as applicable,arising out of all"pollution conditions"under any one taken,you must promptly reimburse us forapart of the deductible as has been paid by us;or Insuring Agreement. b. Simultaneously upon receipt of notice of any"claim"or at any time thereafter,call upon you to pay or deposit 4. Subject to the applicable Each Coverage Aggregate Limit,the Each Pollution Condition Limit shown in the with us all or any part of the deductible,to be held and applied by us as herein provided. Declarations is the most we will pay for the sum of"loss","defense costs"and supplementary payments,as 5. In the event that you do not promptly comply with Paragraph 4.above,any cost we Incur In collection of the applicable,arising out of any one"pollution condition"under any one Insuring Agreement deductible Including,but not limited to,collection agency fees,attorneys'fees and interest,will be added to and The limits of insurance of this Coverage Form apply separately to each policy period,unless the policy period is applied in addition to the deductible without limitation to such costs. extended after issuance for an additional period.In that case,the additional period will be deemed part of the last 6. If the same,related or continuous"pollution condition"results in coverage under more than one Insuring preceding period for purposes of determining the limits of insurance. • Agreement under this policy,then only the highest Deductible shown in the Declarations of all Insuring B. Self-Insured Retention Agreements applicable to the"pollution condition"will apply. The following applies only if SIR Is selected in the Declarations: However,this does not apply to Insuring Agreement A.7.Business Interruption Expense,If shown as covered In the Declarations.A separate deductible will continue to apply to a"pollution condition"that results in coverage 1. You agree to assume the Self-Insured Retention shown in the Declarations.Our obligation to pay damages, under Insuring Agreement A.7.,regardless of any other Insuring Agreements impacted. "defense costs"or supplementary payments under this Insurance and the applicable limit shown In the SECTION V—CONDITIONS Declarations will apply In excess of the self-Insured retention. 2. Regardless of whether or not there Is any other insurance,whether or not collectible,applicable to a"claim"or 1. Arbitration "pollution condition"within the self-insured retention,you must make actual payment of the full self-Insured If we and the Insured do not agree whether coverage Is provided under this Coverage Form for a"claim"made retention before the limits of insurance will apply.Compliance with this clause is a condition precedent for against any insured,then either party may make a written demand for arbitration. coverage under this Insurance.We will make no payments of any type in the event you fail to comply with this When this demand Is made,each party will select an arbitrator.The two arbitrators will select a third.If they cannot clause. agree within 30 days,either may request that selection be made bya judge of a court havingjurisdiction.Each party Y Y 1 9P rtY 3.You must not incur costs other than adjusting expenses without our written consent in the event of any"claim"or will: "pollution condition"which appears likely to exceed the self-Insured retention. a. Pay the expenses it Incurs;and 4. We have the right and duty in all cases to assume control of the investigation,defense and settlement of any b. Bear the expenses of the third arbitrator equally. "claim"or"pollution condition"to which this insurance applies.When we exercise this right,the following apply: a. You will remain responsible for the cost of all damages,"defense costs"and supplementary payments within Unless both parties agree otherwise,arbitration will take place in the county or parish In which the Named Insured's the self-Insured retention; address shown in the Declarations is located or in a jurisdiction mutually agreed to by the parties.Local rules of law as to procedure and evidence will apply.A decision agreed to by two of the arbitrators will be binding. b. At our request,you will advance to us any portion of the applicable self-Insured retention that we deem 2. Bankruptcy reasonable to pay for any"claim"or"pollution condition"; c. If you have paid to us all or part of the applicable self-insured retention and the total amount of damages, Bankruptcy or Insolvency of the insured or of the insured's estate will not relieve us of our obligations or increase our supplementary payments and"defense costs"that we pay for that"claim"or"pollution condition"Is less than liability under lbs Coverage Form. the applicable self-Insured retention,then we will reimburse you the amount you paid in excess of the amount 3. Duties In The Event Of A Pollution Condition Or Claim we pay;and a. You must see to it that we are notified Immediately in writing of a"pollution condition".To the extent possible, d.We will have the sole and absolute right to settle the"claim"for any amount we deem reasonable,including any notice must contain: amount within the self-Insured retention.Although we agree to attempt to advise and consult with you prior to (1)How,when end where the"pollution condition"took place; making any settlement,we will have no obligation to obtain your consent or the consent of any other Insured, to any settlement we make that requires payment from you of any amount within the self-insured retention. (2)The names and addresses of any claimants,Injured persons and witnesses; You and any other insured hereby waive any claim or defense against us resulting from our entering into any such settlement without your approval. (3)The nature and location of any Injury or damage arising out of the"pollution condition"; MEEI 0008 11 17 Includes copyrighted material of Insurance Services Office,Inc., Page 11 of 22 MEET 0008 11 17 Includes copyrighted material of Insurance Services Office,Inc., Page 12 of 22 with Its permission. with Its permission. l • • • (4)The date and details of"your work"that may have caused the"pollution condition"; (a)Any other insurance,whether primary,excess,contingent or on any other basis that is effective prior to (5)Copies of any contracts that have been entered Into by any Insured that are related to"your work"performed; the beginning of the policy period shown in the Declarations of this Insurance and applies to"loss"on other than a claims-made basis,if: and (6)Details explaining how the insured first became aware of the"pollution condition". (i) No Retroactive Date Is shown in the Declarations of this insurance;or Notice of e."pollution condition"Is not notice of a"claim".However,any such reported"pollution condition"that (II)The other,Insurance has a policy period which continues after the Retroactive Date shown In the subsequently becomes a"claim"made against any insured and reported to us in writing will be deemed to have Declarations of this Insurance;or been first made on the date that the written notice of"pollution condition"was first reported to us and will be (b)Any other valid and collectible Insurance,whether primary,excess,contingent or on any other basis, subject to all of the terms and conditions of this Coverage Form. covering a: As a condition precedent to the rights afforded you under this provision,such written notice to us of any"pollution (I)'Transportation pollution condition",If Insuring Agreement A.2.Transportation Pollution Liability is condition"must contain the information shown above. shown as covered in the Declarations;or We will determine,at our sole discretion,whether your written notice satisfies the condition precedent above. (II)"Pollution condition"on a"non-owned disposal site",if Insuring Agreement A.3.Non-Owned Disposal b. If a"claim"is made against any insured: Sites Is shown as covered in the Declarations. (1)You must immediately record and notify us of in writing the specifics of the"claim"and the date received;and (2)When this Insurance Is excess,we will have no duty to defend the insured against any"suit'if any other insurer has a duly to defend the Insured against that"suit'.If no other Insurer defends,we will undertake to do so,but (2)You end any other involved insured must we will be entitled to the Insured's rights against all those other Insurers. (a)Immediately send us copies of any demands,notices,summons or legal papers received In connection (3)When this Insurance is excess over other insurance,we will pay only our share of the amount of the damages, with the"claim"; if any,that exceeds the sum of: (b)Authorize us to obtain records and other information; (a)The total amount that all such other insurance would pay for the damages In the absence of this Insurance; (c)Cooperate with us in the investigation,settlement or defense of the"claim";and and d Assist us,upon our request,In the enforcement of anyright against anyperson or organization which )b)The total of all deductible and self-Insured amounts under all that other Insurance. ()may be liable to the nsured because of Injury or damage to which this Insurance may also apply. ' We will share the remaining damages,if any,with any other insurance that is not described In this Excess c. No insured will,except at that insured's own cost,voluntarily make a payment,assume any obligation,or incur Insurance provision and was not bought specifically to apply in excess of the Limits Of Insurance shown In the Declarations of this Coverage Farm. any expense,without our written consent However,written consent Is not required with respect to: (1)"Crisis management costs"that have been reported in accordance with Paragraph a.(3)of Insuring c. Method Of Sharing Agreement A.6.Crisis Management And Emergency Response Costs;or If all of the other insurance permits contribution by equal shares,we will'follow this method also.Under this "Emergency response costs"that have been reported and approved b es or our appointed representative byapproach each Insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the (2) y p ppP y pp p damages remain,whichever comes first. use of the emergency response hotline. • 4.Legal Action Against Us If any of the other insurance does not permit contribution by equal shares,we will contribute by limits.Under this method,each Insurer's share is based on the ratio of Its applicable limit of Insurance to the total applicable limits No person or organization has a right under this Coverage Form: of insurance of all Insurers. a.To join us as a party or otherwise bring us Into a"suit'asking for damages from an insured;or 6. Premium Audit b. To sue us on this Coverage Farm unless all of its terms have been fully complied with. a.We will compute all premiums for this Coverage Form In accordance with our rules,rates,rating plans and minimum A person or organization may sue us to recover an an agreed settlement or on a final judgment against an insured premium requirements. obtained after an actual trial;but we will not be liable for damages that are not payable under the terms of this b.Premlum shown as Advance And Deposit Premium in the Declarations is a deposit premium only.At the close of Coverage Form or that are in excess of the applicable limit of Insurance.An agreed settlement means a settlement each audit period we will compute the earned premium for that period and send notice to the first Named Insured and release of liability signed by us,the Insured and the claimant or the claimant's legal representative. shown in the Declarations.The due date for audit and retrospective premiums is the date shown as the due date 5. Other Insurance on the bill.If the sum of the advance and audit premiums paid for the policy period is more than the greater of the earned premium or Minimum Retained Premium shown In the Declarations,we will retum the excess to the first If other valid and collectible insurance is available to the Insured for"loss"we cover under this Coverage Form,our Named Insured. obligations are limited as follows: c. The first Named Insured must keep records of the Information we need for premium computation,and send us a. Primary Insurance copies at such times as we may request This Insurance Is primary except when Paragraph b.below applies.If this insurance is primary,our obligations 7. Representations are not affected unless any of the other Insurance is also primary.In that case,we will share with all such other By accepting this policy;you agree: insurance by the method described in Paragraph e.below. b. Excess Insurance. a.The statements In the applications,other materials submitted to us and Declarations are accurate and complete; (1)This insurance Is excess over. b. Those statements are based upon representations you made to us;and c. We have Issued this policy in reliance upon your representations. B.Separaticn Of Insureds MEE100081117 Includes copyrighted material of Insurance Services Office,Inc., Page 13 of22 MEEI 000811 17 Includes copyrighted material of Insurance Services Office,Inc., Page 14 44 22 with Its permission. with Its permission. Except with respect to the limits of insurance,and any rights or duties specifically assigned to the first Named Insured You must give us a written request for the endorsement within 90 days after the end of the policy period.The Optional shown In the Declarations,this insurance applies: Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. a. As if each Named Insured were the only Named Insured;and We will determine the additional premium in accordance with our rules and rates.In doing so we may take into account the following: b.Separately to each insured against whom a"claim"is made. g.Transfer Of Rights Of Recovery Against Others To Us a. The exposures insured; If the insured has rights to recover all or part of any payment we have made under this insurance,those rights are b. Previous types and amounts of insurance; transferred to us.The insured must do nothing after"loss"to Impair them.At our request,the insured will bring"suit' c. Limits of insurance available under this Coverage Fonn for future payment of damages;and or transfer those rights to us and help us enforce them. d. Other related factors. 10.Worldwide Coverage This endorsement will set forth the terms,not inconsistent with this section,applicable to the Optional Extended a. Currency Provision Reporting Period,including a provision to the effect that the insurance afforded for"claims"first received during such The limits of insurance,salt-insured retention or deductible amount,as applicable,and premiums shown in this period is excess over any other valid and collectible insurance available under policies In force after the Optional policy are in Untied States of America currency. Reporting Pertod starts. ency. Any payments we make in payment of"loss","defense costs"or supplementary payments,and any payments you 6. We do not have to provide an Optional Extended Reporting Period If. make toward the self-insured retention or deductible,will be in United States of America currency. a. There in any failure to pay any outstanding premiums when due; b.Jalnt Duties In A Non-Admitted Jurisdiction b. You fail to repay any self-insured retention or deductible amount we have paid; For"loss"arising In a"non-admitted jurisdiction",you must report such"claim"to an office of ours located within c. You have purchased any other insurance to replace the insurance provided under this endorsement;or the United States or,with our prior written consent,to our local branch or affiliate office.We have the right,but not d.The application for this policy,Including any addenda thereto,contains any material misrepresentation of fact the duty,to investigate,defend or settle such"claims".If we do not exercise the right to investigate,defend or settle such"claims",you may,under our supervision and with our approval,make such Investigation and defense SECTION VII—DEFINITIONS as is reasonably necessary,and effect settlement of such"claims". 1. "Auto"means a land motor vehicle,trailer or semitrailer designed for travel on public roads,including any attached We will reimburse you for the reasonable cost of such actions,subject to all other terms and conditions of the machinery or equipment. policy. 2. "Bodilyinjury"means physical injury,sickness,disease,mental anguish or emotional distress sustained byany I17 PY 1 ry, s This insurance will not serve asproof of insurance in any country where non-admitted insurance is prohibited by person,Including medical monitoring or death resulting from any of these at any time. our local law or without our priorwritten consent. 3. "Business income"means: We may issue,at our sole discretion,proof of insurance documents to a third party upon your request,but we are a. Net profit or loss before income taxes,Includingrental Income from your tenants,that would have been eamed or not obligated to do so. incurred had there been no necessary suspension of operations during the"period of restoration';and SECTION VI—EXTENDED REPORTING PERIODS b: Your continuing normal operating expenses,including payroll(except payroll of"executive officers",department 1. We will provide one or more extended reporting periods,as described below,if: managers and"employees"under contract). a. This Coverage Form is,cancelled or not renewed;or "Business Income"does not include bank interest or Investment Income. b. We renew or replace this Coverage Form with insurance that, 4. "Business interruption" means the necessary suspension of your business operations during the"period of (1)Has a retroactive date later than the date shown in the Declarations;or restoration"arising from a"pollution condition"ata"covered location". (2)Does not apply to"claims"that result from a"pollution condition"on a claims-made basis. 5. "Business Interruption expense"means loss of"business Income","extra expense"Incurred,or"delay damages" incurred during the"parted of restoration". 2. Extended reporting periods do not extend the polity period or change the scope of coverage provided.They apply 6. "Capital expenditure means either money veluntanly spent or a charge voluntarily incurred for additions or only to"claims"that result from"pollution conditions"that occur before the end of the policy period but not before theimprovements ants to,orequipment for, Retroactive Date,if any,shown in the Declarations,provided the"claim"Is first made during the policy period and Pyour"covered location"or any part thereof."Capital expenditure"Includes,but is reported to us during the extended reporting period. not limited to,money spent ora charge incurred for the purpose of complying with any statute,regulation,ordinance, permit,administrative complaint,notice of violation,notice letter,executive order or instruction of any govemmental or Once in effect,extended reporting periods may not be cancelled. public agency or body,either before or after the beginning of the policy period;or at the request of any regulatory 3. Extended reporting periods do not reinstate or increase the limits of insurance. agency that is intended,in whole or In part,to prevent or mitigate future"pollution conditions". 4. A Basic Extended Reporting Period Is automatically provided without additional charge.This period starts with the end 7. "Cargo"means waste,products or materials carded or delivered by a"covered conveyance". of the policy period and lasts for 90 days. 8. "Carrier means a person or an entity,other than any Insured,or any subsidiary or affiliate company of any insured The Basic Extended Reporting Period does not apply to"claims"that are covered under any subsequent Insurance engaged by the insured to transport material by aircraft,"auto"or watercraft,but only If such person or entity is you purchase,or that would be covered but for exhaustion of the amount of Insurance applicable to such"claims". properly licensed to transport such material and in the business of transporting such material. 5. An Optional Extended Reporting Period is available,subject to Paragraph 6.below,but only by an endorsement for 9. "Claim"means a written request or demand received by any insured or us for money or services Including,but not an extra charge.This Optional Extended Reporting Period starts when the Basic Extended Reporting Period,set forth limited to,the institution of"suit"or arbitration proceedings against any insured,seeking damages. in Paragraph 4.above,ends. MEET 000811 17 Includes copyrighted material of Insurance Services Office,Inc., Page 15 of 22 MEEI0008 11 17 Includes copyrighted materiel of Insurance Services Office,Inc., Page 18 of 22 with its permission. with Its permission. ti • • • 10."Cleanup costs"means reasonable and necessary expenses incurred in the investigation,evaluation,monitoring, provided that one of your"executive officers"has proffered,in our sole discretion,a good faith opinion that the public testing,removal,containment,treatment,response,disposal,remediation,detoxification or neutralization of any announcement or accusation has caused or is reasonably likely to.cause economic harm to,or a material adverse "pollutants": effect on,your company's Image or goodwill. a. To the extent required by federal,state,local or provincial laws Including,but not limited to statutes,rules, 18."Defect"means a defect,deficiency or inadequacy that creates a dangerous condition. ordinances,guidance documents,regulations and all amendments thereto,including state voluntary cleanup or 19,"Defense costs"means fees charged by any attorney designated by us to represent the Insured on a"claim";and all risk-based corrective action guidance,governing the liability or responsibilities of the insured; other fees,costs and expenses resulting from the Investigation,adjustment,defense and appeal of a"claim",If b. which have been actually Incurred by the government or any political subdivision of the United States of America authorized by us."Defense costs"do not include the salaries of your"employees". or any state thereof,or by third parties;or 20."Delay damages"means the following additional expenses that you incur during the"period of restoration": e. In the absence of Paragraph a.and b.above,to the extent recommended by an Individual or entity qualified to a. Interest on money you have borrowed to finance the construction,development or remediation of the designated provide environmental services and approved by us in writing. project;. "Cleanup costs"Includes"restoration costs"and those costs arising from the removal of"pollutants"illicitly abandoned • b. Advertising,promotional or renegotiation expenses to lease or sell the"covered location"; by a third party ata"covered location". 11."Completed operations"means"your work'that has been completed."Completed operations"does not include"your e. Architectural,engineering and consulting fees;and work'that has been abandoned or has not yet been completed."Your work"will be deemed completed at the earliest d. Expenses incurred resulting from the Named Insured's re-application for"green authority"certification,Including of the following times: associated engineering,architectural and consulting fees related to the re-certification process. a. When all work to be pertomted underthe contract has been completed; 21."Emergency response costs"means reasonable and necessary costs Incurred to mitigate a"pollution condition" b. When all of the work to be done at the site has been completed it the contract calls for work at more than one site; constituting an emergency situation whereby in the absence of such mitigation: or a. "Bodily injury'or"property damage"to third parties is imminent;or a. When that part of the work done at ajob site has been put to its intended use by any person or organization other b. "Cleanup costs"pursuant to"environmental law'are incurred. than another contractor or subcontractor working on the same project 22."Employee"Includes temporary and leased staff working on your behalf and under your direct supervision,but only "Your work"that may require further service,maintenance,correction,repair or replacement,but is otherwise with respect to"your work'. complete,will be deemed completed. 23."Environmental law'means any legislatively or administratively enacted law,rule,regulation or order applicable to the 12."Coverage territory'means anywhere in the world with the exception of. "covered location's"jurisdiction,pursuant to which an Insured has or may have an obligation to incur"cleanup costs". a. Military bases or installations not located in the United States of America (including its territories and 24."Executive officer"means a person holding any of the officer positions created by your charter,constitution,by-laws or possessions),Puerto Rico and Canada;and any other similar governing document. b. Any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States 25."Extra expense"means reasonable and necessary expenses you Incur during the"period of restoration": of America. a. That would not have been Incurred had there not been a"business interruption"caused by a"pollution condition" 13."Covered conveyance"means any conveyance operated by or on behalf of an insured used far transporting property discovered during the policy period; and shown in a Schedule Of Covered Conveyances attached to this Coverage Form. b. To avoid or minimae the"period of restoration"; 14."Covered location"means the specific location or locations shown in a Schedule Of Covered Locutions attached t0 e. Charges you incur which are the legal obligation of your tenants which would otherwise be your obligations;end this Coverage Form. 15."Crisis management consultant'means a professional firm or consultant that provides crisis management services d. Costs you are required to pay to rent temporary premises when that portion of the"covered location"occupied by and has been approved in writing by us,the approval for which will not be unreasonable withheld. you Is untenantable,net to exceed the fair rental value of such untenentahle portion of the building you occupy, 16."Crisis management costs"means those reasonable and necessary fees and expenses: but only to the extent such expenses reduce the loss of"business income"or"delay damages". • a. Incurred by you w8hing;a days after the"crisis management event"is discovered by you,or thereafter as 26."Green"means products,materials,methods and processes certified by a"green authority'that conserve natural approved by us in writing;and resources,reduce energy or water consumption,avoid toxic or other polluting emissions or otherwise minimae environmental impact b. For services provided to you by a"crisis management consultant"for the sole purpose of assisting you with: 27,"Green authority"means an authority on"green"buildings,products,materials,methods or processes certified and (1)Managing the media in direct response to a"crisis management event"to which this insurance applies;or accepted by Leadership In Energy and Environmental Design(LEED°),Green Building Initiative Green Globes®, (2)Minimizing the economic harm to you caused by a"crisis management event'to which this insurance applies EnergyStererating system or any other recognized"green"rating system by consulting with you with respect to maintaining and restoring your company's public Image or reputation. 28."High-level radioactive waste"means transuranic waste,spent nuclear fuel,waste materials remaining alter spent You must lake reasonable steps to minimae"crisis management costs", nuclear fuel is processed,uranium milling residues,waste with greater than specified quantities of elements heavier than uranium and those wastes requiring permanent isolation by the United States Nuclear Regulatory Commission. 17."Crisis management event'means the public announcement by a third party that a"pollution condition"for which you 29."Insured contract"means a contract or agreement shown In a Schedule Of Insured Contracts attached to this are legally responsible has caused: Coverage Form. a. "Bodily injury'involving third parties;or 30."Loading or unloading"means the handling of property: b. "Property damage",but only to the extent resulting in actual physical damage to real property owned by third a. After it is moved from the place where it is accepted for movement into creel o a vehicle; parties; MEE10008 11 17 Includes copyrighted material of Insurance Services Office,Inc., Page 17 of 22 MEE10008 11 17 Includes copyrighted material of Insurance Services Office,Inc., Page 18 of 22 with Its permission. with its permission. b. While it is in or on a vehicle;or Response Costs only,if shown as covered in the Declarations,"pollution condition"includes"transportation pollution c. While it is being moved from a vehicle to the place where itis finally delivered. condition". 31."Loss"means: 41."Product tampering"is an Intentional alteration of"your product"which has caused or is reasonably expected to cause "bodily Injury'or physical injury to tangible property other than"your product".When"product tampering"Is known, a. "Bodily Injury"or"property damage",with respect to Insuring Agreement A.1.; suspected or threatened,a"product withdrawal"will be limited to those batches of"your product"which are known or b. "Bodily Injury","property damage"or"cleanup costs",with respect to Insuring Agreements A.2.,A.3.,A.4.,A.5., suspected to have been tampered with.For the purposes of this insurance,electronic data Is not tangible property. and A.13.; 42."Product withdrawal"means the recall or withdrawal: a. "Crisis management costs"or"emergency response costs",with respect to Insuring Agreement A.8.; a. From the market;or d. "Business interruption expense",with respect to Insuring Agreement A.7.; b. From use by any other person or organization; e. "Cleanup costs",with respect to Insuring Agreements A.8.,A.g.,A.10.and A.11.;or of"your products",or products which contain"your products",because of known or suspected"defects"In"your f. "Product withdrawal expense",with respect to Insuring Agreement A.12.; product",or known or suspected"product tampering". as applicable when shown as covered in the Declarations. For the purpose of this insurance,electronic data is not tangible property. 32."Low-Ievei radioactive waste"means waste that contains radioactivity but is not classified as"high-level ratlioactive As used In this definition,electronic data means Information,facts or programs stored as or on,created or used on,or CD- waste". 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 33."Mixed waste"means waste containing both radioactive and hazardous components as defined by the Atomic Energy equipment Act and the Resource Conservation and Recovery Act. 43."product withdrawal expenses"means those reasonable and necessary expenses listed below,paid and directly 34."Mold"means any permanent or transient fungus,mold,mildew or mycotoxin or any of the spores,scents or by- related to a"product withdrawal': products produced or released by fungus. a. Costs of notification; 35."Natural resource damages"means physical injury to or destruction of,as well as the assessment of such injury or b. Costs of stationery,envelopes,production of announcements and postage or facsimiles; destruction including the resulting loss of value,of land,fish,wildlife,biota,air,water,groundwater,drinking water . supplies,and other such resources belonging to,managed by,held in trust by,appertaining to,or otherwise controlled c. Costs of overtime paid to your regular.non-salaried"employees"and costs Incurred by your"employees", by the United States of America,any state or local government,any Native American tribe or,if such resources are including casts of transportation and accommodations; subject to a trust restriction on alienation,any member of a Native American tribe, d. Costs of computer time; 36."Non-owned disposal site"means a location you use for the treatment,storage or disposal of waste or material, e. Costs of hiring Independent contractors and other temporary"employees"; provided the"non-owned disposal site"is shown in a Schedule Of Non-Owned Disposal Stan attached to this Coverage Form,and: f. Costs of transportation,shipping or packaging; a. Is not managed,operated,owned or leased by any insured or any subsidiary or affiliate of any insured; g. Costs of warehouse or storage space;or b. Is permitted or Scanned by the applicable federal,state,local or provincial authorities to accept such waste or h. Costs of proper disposal of"your products",or products that contain"your products",that cannot be reused,not material as of the date the waste or material Is treated,stored or disposed of at the"non-owned disposal site"; exceeding your purchase price or your cost to produce the products. and 44."Professional services"means those functions performed for others by you or on your behalf for a fee that are related c. Is not listed on a proposed or final Federal National Priorities List or any state or provincial equivalent National to your practice as a consultant engineer,architect,surveyor,laboratory,project or construction manager and as Priority List,Superfund or Hazardous Waste List prior to the treatment,storage or disposal of the waste or disclosed on the application including,but not limited to,the preparation or approval of maps,drawings,opinions, material at the"non-owned disposal site". reports,surveys,designs,specifications or engineering services. 37."Non-owned location"means any location not included as a"covered location"and that is shown in a Schedule Of 45."Property damage"means: Non-Owned Locations attached to this Coverage Form. a. Physical injury to tangible property,including all resulting loss of use or diminution In value of that property.All 38."Period of restoration"means the length of time that would be required with the exercise of due diligence and dispatch such loss of use or diminution In value will be deemed to occur at the time of the physical injury that caused it; to restore a"covered location"to a condition that allows the resumption of normal business operations,commencing Sr. Loss of use or diminution In value'of tangible property that is not physically Injured.All such loss at use or with the date operations are interrupted by the need to Investigate or remediate a"pollution condition"and not limited diminution In value will be deemed to occur at the time of the"claim";or by the date of expiration of the policy period.The"period of.restoration"does not include any time caused by the interference by"employees"or other persons with restoring the property,or with the resumption or continuation of c. "Natural resource damages". operations;or any time caused by the delay in any action to be taken by a governmental authority necessary to allow For the purpose of this insurance,electronic data is not tangible property. the resumption of business operations. 39."Pollutants"means any solid,liquid,gaseous,biological or thermal irritants or contaminants,including,but not limited 46."Responsible Insured"means: to,smoke,vapors,soot,silt,sedimentation,fumes,acids,alkalis,chemicals,hazardous substances,petroleum a. Your"executive officer",director,partner,member or manager, hydrocarbons, waste materials, including medical, infectlous and pathological waste, legionella, "mold", b. Any insured who has responsibility,in whole or In part for risk control,risk management health and safety or electromagnetic fields,"low-level radioactive waste"and"mixed waste"materials,at levels In excess of those environmental affairs,control or compliance;or naturally occurring:Waste includes materials to be recycled,reconditioned or reclaimed. 40."Pollution condition"means the discharge,dispersal,seepage,migration,release or escape of"pollutants".Wth c. Any insured who signed or who has responsi611ity,In whole or in part,for completing the application on which we respect to Insuring Agreements A.2.Transportation.Pollution Liability and A.6.Crisis Management And Emergency relied in issuing this Coverage Form. MEET 000811 17 Includes copyrighted material of Insurance Services Office,Inc., Page 19 of 22 MEET 000811 17 Includes copyrighted material of Insurance Services Office,Inc., Page 20 of 22 with its permission. with its permission. 47."Restoration costs"means reasonable and necessary costs incurred by you with our consent,which will not be (1)Contracting work or contracting operations as disclosed In the application or specifically endorsed hereon unreasonably withheld or delayed,to restore,repair or replace real or personal property to substantially the same performed by you or on your behalf for others at a location that you do not own,control,rent or occupy other condition it was in prior to being damaged during work performed In the course of incurring"cleanup costs".However, than for the purpose of performing"your work";and such"restoration costs"will not exceed the actual cash value of such property immediately prior to Incurring"cleanup (2)Materials,parts or equipment famished in connection with such work or operations. costs"or Include costs associated with Improvements or befterrnents,ordinance or law. 48."Surmeans a civil proceeding In which damages because of"bodily Injury',"proparty damage"or°cleanup costs"to b. Includes: which this Insurance applies are alleged."Suit"Includes: (1)Warranties or representations made at any time with respect to the fitness,quality,durability,performance or a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does use of"yourwarlf'; submit with our consent;or (2)The providing of or failure to provide warnings or instructions;and b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured (3)The"completed operations"of"your work'. submits with our consent 49.'Transportation pollution condition"means the emission,discharge,dispersal,release or escape of"pollutants"from a "covered conveyance"which occurs beyond the boundaries of a"covered location". 50."Transported cargo"means the insured's"cargo"after it Is moved from the place where ft is accepted by or on behalf of an insured for movement Into or onto a"covered conveyance",until the"cargo"is moved from the"covered conveyance"to the place where it Is finally delivered on behalf of the insured. "Transported cargo"also includes the Insured's"cargo"during"loading or unloading"to or from a"covered conveyance". "Transported cargo"does not Include"cargo"at rest fora period longer than 72 hours after It has been accepted on behalf of the Insured for movement Into or onto a"covered conveyance"but before ft reaches the place of final delivery. 51."Underground storage tank'means any one or combination of tanks,including underground pipes connected thereto, that is used to contain an accumulation of regulated substances,and the volume,Including the volume contained In connected underground pipes,fill,vent,and above ground distribution components,which has or at any time In the past had at least 10%of its volume beneath the surface of the ground. 52."Unmanned aircraft"means an aircraft that is not designed,manufactured or modified after manufacture to be • controlled directly by a person from within or on the aircraft 53."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,pads or equipment furnished in connection with such goods or products provided any damages in connection with"your product"occurs away from premises you own,occupy,lease or rent and"your product'is shown in a Schedule Of Covered Products attached to this Coverage Form. 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. 54."Your work": a. Means: MEET 0008 11 17 Includes copyrighted material of Insurance Services Office,Inc., Page 21 of 22 MEET 0008 11 17 Includes copyrighted material of Insurance Services Office,Inc., Page 22 of 22 with its permission. with its permission.