Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
JAVA CONNECTIONS, LLC DBA LAPTOPSANYTIME
A-2020-249B I LE :ORK MAY NOT PROCEED 1%L.ERK OF COUNCIL 'VAT E: End -User License Agreement P CSR C`�(5't�'aC�a�F Annual Software & Hardware License Agreement DR This End -User License Agreement (this "Agreement') is a legal contract between you (the party identified on the last page of this Agreement and who has signed this Agreement, referred to herein as "you" or "your"), as either an individual or a single business or government entity, and Java Connections LLC / LaptopsAnytime and its affiliates ("JAVA CONNECTIONS, LLC'). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING JAVA CONNECTIONS LLC'S PROPRIETARY SOFTWARE' (the "SOFTWARE') OR OBTAINING A LICENSE TO THE SOFTWARE OR USING THE SOFTWARE. THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. BY DOWNLOADING THE SOFTWARE OR OBTAINING A LAPTOPSANYTIME KIOSKTO THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD REFRAIN FROM ACCESSING OR USING THE SOFTWARE. THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND JAVA CONNECTIONS LLC CONCERNING THE SOFTWARE, AND THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH JAVA CONNECTIONS LLC RELATING TO THE SOFTWARE. THE TERMS OF THIS AGREEMENT, THE QUOTATION(S) AND ANY EXHIBITS THERETO SUPERSEDE ANY AND ALL CLICKWRAP OR CLICK -THROUGH AGREEMENTS REQUIRED OF ANY END USER TO ACCESS AND USE THE SOFTWARE AND KIOSK. 1. License • 1.1. Grant of License. Java Connections LLC hereby grants to you, and you accept, a limited, nonexclusive license to use the Kiosk Software in machine-readable, object code form only, and the user manuals accompanying the Software (the "Documentation'), only as authorized in this Agreement. For purposes of this Agreement, the "Software" includes any updates, enhancements, modifications, revisions, or additions to the Software made by Java Connections LLC and made available to end -users through Java Connections LLC's web site. Java Connections LLC shall provide you any and all updates, enhancements, modifications, revisions, or additions to the Software that it releases to other customers, at no additional cost; any updates, enhancements, modifications, revisions or additions that Java Connections LLC elects to provide will not, however, be provided to you if you fail to pay the applicable license fee. • 1.2. Scope of Use. You may use one (1) copy of the Software activated by a LaptopsAnytime Kiosk Host on a single server (virtual or physical) owned, leased, or otherwise controlled by you. If you have multiple kiosks and towers connected together, you may make and use as many copies of the Software as permitted in the purchase order. For purposes of this Agreement, "use "of the software means loading the Software into the temporary or permanent memory of a computer controlling the rental of devices. Installation of the Software on a network server solely for controlling the rental or check out of computers is "use" of the Software, and is permitted, as long as you have a license for each server (virtual or physical) to which the Software is distributed. The Software may not be used on, or distributed to, a greater number of kiosk towers than you have licensed. If you exceed the number of licenses you have obtained you will be in breach of this Agreement. 1.3. Copies and Modifications. You may not reverse engineer, decompile, disassemble, or otherwise translate the Software or kiosk hardware material, components, or any kiosk hardware or software you have obtained. You may not modify or adapt the Software or any kiosk hardware that you have obtained in any way. You may not copy the Software, the Documentation, and any kiosk software or hardware that you have obtained, for backup or archival purposes. Except as authorized in this Section, no copies of the Software, Documentation, or kiosk hardware, or any portions thereof, may be made by you or any person under your authority or control 1.4. Assignment of Rights. You will not sublicense, assign, redistribute, encumber, lease, rent, lend, or otherwise transfer your rights and obligations in the Software, Documentation, or kiosk hardware, as granted by this Agreement, to any party without prior written consent of Java Connections LLC. Notwithstanding anything to the contrary in the preceding sentence, you may assign this Agreement to the purchaser of all or substantially all of your assets or to any successor by merger, consolidation, or similar corporate action ("Assignee") provided, however, the Assignee agrees in writing to this Agreement. 2. Intellectual Property and Confidentiality and Privacy 2.1. Use Reporting, License Violations and Remedies. Java Connections LLC reserves the right to gather only the following data on Kiosk usage: the number of device rentals, server IP addresses, and domain counts necessary to ensure that our products are being used in accordance with the terms of this End -User License Agreement. Notwithstanding the foregoing, Java Connections LLC shall not have access to confidential patron information. Java Connections LLC expressly prohibits simultaneous, multiple installations of our Software and domain count overrides without prior written approval by Java Connections LLC. Any unauthorized use shall be considered by Java Connections LLC to be a violation of this End -User License Agreement. Java Connections LLC reserves the right to remedy violations immediately upon discovery, by charging the then current list price of unauthorized keys to the credit card used to make the original, authorized purchase, or by any other means necessary. You agree not to block, electronically or otherwise, the outgoing transmission of data to an agreed upon IP address or addresses required for compliance with this Agreement. Any blocking of data required for compliance under this Agreement is considered to be violation of this Agreement and will result in immediate termination of this Agreement pursuant to Section 4. 2.2. License Automatic Update and Expiration. Your kiosk software may include an expiration date that can result in the termination of the license. For continued annual license renewal, the license updates automatically except if Java Connections LLC determines that a license is used in violation of the terms of this Agreement or the annual fee is not paid or until expiration under the terms of the service contract. If your kiosk is stolen, or if you suspect any improper or illegal usage of your software outside of your control you should promptly notify Java Connections LLC of such occurrence. A replacement software download will be issued to you and the suspect software will be overwritten. For lease licenses, your monthly or annual payment for each kiosk and tower must be processed prior to the expiration date in order for software to be valid. For your convenience Java Connections LLC provides license expiration warnings in the product interface should there be any issues that would cause the product license to eventually expire. It is your responsibility to contact Java Connections LLC regarding any potential expiration that you deem inappropriate. Java Connections LLC shall not liable for any damages or costs incurred in connection with the expired licenses or licenses in which the annual fee has not been paid. • 2.3. Proprietary Rights to Software and Trademarks. You acknowledge that the Software and the Documentation are proprietary to Java Connections LLC, and the Software and Documentation are protected under United States copyright law and international treaties. You further acknowledge and agree that, as between you and Java Connections LLC, Java Connections LLC owns and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. This Agreement does not grant you any ownership interest in or to the Software or the Documentation, but only a limited right of use that is revocable in accordance with the terms of this Agreement. Any and all trademarks or service marks that Java Connections LLC uses in connection with the Software or with services rendered by Java Connections LLC are marks owned by Java Connections LLC. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks. • 2.4. Confidentiality. You shall permit only authorized users, who possess rightfully, obtained passwords, to use the Software or to view the Documentation. Except as expressly authorized by this Agreement, you shall not make available the Software, Documentation, or any passwords to any third party. You will use reasonable efforts to cooperate with and assist Java Connections LLC in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof. • 2.5 Privacy/Compliance with Laws. Java Connections LLC will use appropriate administrative, technical, and physical security measures to safeguard the data provided by you and your users against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing. Java Connections LLC will not rent or sell personally identifiable data to third parties. Java Connections LLC will comply with all applicable laws, including privacy or data security laws, including but not limited to the Family Educational Rights and Privacy Act, 20 USC 1232g ("FERPA"), in connection with performing the services under this Agreement. To the extent Java Connections LLC has access to Education Records as that term is defined in FERPA, Java Connections LLC is deemed a "school official" as that term is defined in FERPA. 3. License Fees The Software will be available to you for use upon receipt of annual or monthly payments to Java Connections LLC. Upon acceptance of this Agreement, you may obtain one or more kiosks by paying the requisite license fees and hardware cost, using the procedure set forth on Java Connections LLC web site and or written documentation. The license fees paid by you are paid in consideration of the license granted under this Agreement. 4. Term and Termination This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, accessing, and using the Software, even if you have not expressly accepted this Agreement. This Agreement shall continue in effect for three years from the date of the installation of the Kiosk as specified in the Kiosk Support Agreement. Without prejudice to any other rights, this Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. If you are leasing the Software, and fail to pay the applicable license fees, Java Connections LLC shall have the right to shut down your server. You may terminate this License Agreement at any time by: (i) providing written notice of your decision to terminate the Agreement to Java Connections LLC and (ii) either returning the Software, Documentation, all copies thereof, and all license keys that you have obtained to Java Connections LLC or destroying all such materials and providing written verification of such destruction to Java Connections LLC. Java Connections LLC may terminate this License Agreement if you breach any term of the Agreement by giving you written notice of your breach, a reasonable opportunity to cure the breach (not to exceed thirty (30) days), and in the event of your failure to cure the breach, Java Connections LLC' decision to terminate the Agreement; provided, however that Java Connections LLC may automatically terminate the Agreement as specified herein. Upon termination of the Agreement by Java Connections LLC, you agree to either return to Java Connections LLC the Software, Documentation, all copies thereof, and all license keys that you have obtained, or to destroy all such materials and provide written verification of such destruction to Java Connections LLC. 5. Insurance. Prior to undertaking performance of work under this Agreement, LaptopsAnytime shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. LaptopsAnytime shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property without any exclusion for claims of sexual molestation, resulting from any act or occurrence arising out of LaptopsAnytime's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, LaptopsAnytime, if LaptopsAnytime has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, LaptopsAnytime agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant's profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by LaptopsAnytime in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. 1) The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the City in the care, custody, or control of Laptops Anytime. If not covered under LaptopsAnytime's liability policy, such "property" coverage of the City may be endorsed onto the City's Cyber Liability Policy as covered property as follows: 2) Cyber Liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the City that will be in the care, custody, or control of Vendor. 3) The Insurance obligations under this agreement shall be the greater of t— all the Insurance coverage and limits carried by or available to LaptopsAnytime; or 2— the minimum Insurance requirements shown in this agreement. Any insurance proceeds in excess of the specified limits and coverage required, which are applicable to a given loss, shall be available to City. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the indemnity or other obligations of LaptopsAnytime under this agreement. E. The following requirements apply to the insurance to be provided by Laptops Anytime pursuant to this section: 1) LaptopsAnytime shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 2) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. 3) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 4) Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. 5) LaptopsAnytime shall supply City with a fully executed additional insured endorsement F. If LaptopsAnytime fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect LaptopsAnytime's right to be paid for its time and materials expended prior to notification of termination. LaptopsAnytime waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. Indemnification Each party (Indemnifying Party) agrees to indemnify, defend, and hold harmless the other party (Indemnified Party) and its affiliates and their respective officers, employees, directors, agents, licensees (excluding the Indemnifying Party), sublicensees (excluding the Indemnifying Party), successors, and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys' fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) Indemnifying Party's breach of any term of this Agreement; (b) Indemnifying Party's violation of any rights of any third party. The indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this Agreement. 7. Disclaimer THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS," AND JAVA CONNECTIONS LLC DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, JAVA CONNECTIONS LLC EXPRESSLY WARRANTS THAT THE SOFTWARE WILL OPERATE IN ACCORDANCE WITH THE REPRESENTATIONS MADE IN DOCUMENTATION PROVIDED TO THE CUSTOMER, BUT DOES NOT WARRANT THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. JAVA CONNECTIONS SHALL NOT BE RESPONSIBLE FOR THE OPERATION OF SOFTWARE WHICH HAS BEEN MODIFIED OR RECONFIGURED BY YOU. 8. General Terms • 8.1. Severability. If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. • 8.2. Survival. Articles 2, 6, 7, and 8 of this Agreement and all Sections thereof, shall survive the termination of this Agreement, regardless of the cause for termination, and shall remain valid and binding indefinitely. • 8.3. Headings. The Article and Section headings contained in this Agreement are incorporated for reference purposes only and shall not affect the meaning or interpretation of this Agreement. • 8.4. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. • 8.5. Amendment. Java Connections LLC reserves the right, in its sole discretion, to amend this Agreement from time to time upon at least thirty (30) days advanced written notice to your duly authorized signatory noted below. Notice shall also be sent to the individuals named on the Purchase Quotations. If there is a conflict between this Agreement and the most current version of this Agreement posted on the kiosk management software and must be acknowledged prior to each remote manage session and the most current version will prevail. Notwithstanding anything to the contrary herein and in an avoidance of doubt, no material amendment of this Agreement will be effective against you unless you have received at least thirty (30) days advanced written notice to your duly authorized signatory noted below. If you do not accept amendments made to this agreement, then this license will be immediately terminated pursuant to Section 4. 8.6. Taxes. You are a tax- exempt entity and shall not pay any applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transaction contemplated under this Agreement, excluding income taxes on the net profits of Java Connections LLC. You shall provide a tax-exempt certificate to Java Connections LLC upon request. • 8.7 Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed given and received (i) when personally delivered with a receipt obtained, (ii) on the date noted as the date received, refused or uncollected if sent by certified or registered mail, return receipt requested, postage prepaid or (iii) the earlier of receipt or two (2) business days after deposit with a nationally overnight delivery service (e.g., Federal Express), at the addresses set forth below each Party's name on the signature page, or to such other address that a party provides to the other party pursuant to the provisions of this paragraph. • 8.8 Counterparts and Facsimiles. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In addition, this Agreement may be executed by facsimile signatures and such signatures shall be deemed an original. • 8.9 Entire Agreement. The parties agree: (i) that this Agreement contains the entire agreement between the parties with respect to the settlement of the claims and the transactions described herein and supersedes any and all prior oral or written agreements, arrangements, or understandings between the parties relating to the subject matter of this Agreement; (ii) that no oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist, and no evidence of prior, contemporaneous, or future oral agreements may be used to contradict the terms of this Agreement; and (iii) that any reliance on oral agreements or statements in entering into this Agreement will be unjustifiable and unreasonable. 9. United States Government Restricted Rights. The Software, kiosk hardware, and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software -Restricted Rights at 48 C.F.R. S:52.227-19, as applicable. A-2020-249B Anq of JAVA CONNECTIONS LLC KIOSK SOFTWARE, JAVA CONNECTIONS LLC KIOSK HARDWARE, JAVA CONNECTIONS LLC BUSINESS AUTOMATION KIOSKS, JAVA CONNECTIONS LLC, JAVA CONNECTIONS LLC SYSTEM AUTOMATION, and KY other Java Connections LLC software products as maybe offered byy Java Connections LLC from time to time on www.LAPTOPSANYTIMF cam OR w RAPT P S MgjM et IN WITNESS WHEREOF, the parties identified below have executed this Agreement as of 2020 (the "Effective Date"), Java Connections, LLC d/b/a LaptopsAnytimo By:. Printed Name: Ve "title; 17304 Preston Road, Suite S00 92702 Dallas, TX 75252 Approved as to form: Sonia R. Carvalho City Attorney By tYr'.. A Rt Laura A. Rossini Acting Chief Assistant City Attorney City of Santa Ana By:. !A Printed Name: Kristine Ridge Title: City Manager Address: 20 Civic Center Plaza, Santa Ana, CA ATTES'C: Daisy mez Clark of GoCouncil Recommended for Approval; Brian Stemba4Dror Library Servi Exhibit 1 LAPTOPSANYTIME" amam...am k..ffl-k Quote ADDRESS Lynn Nguyen City of Santa Ana - Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 Java Connections, LLC dba LaptopsAnytime 17304 Preston Road, Suite 800 Dallas, TX 75252 US (614)579-3057 abigail@laptopsanytime.com www.laptopsanytime.com SHIP TO Lynn Nguyen City of Santa Ana - Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 QUOTE# 2535 DATE 11/10/2020 EXPIRATIONDATE 05/31/2021 SALES REP JR ACTIVITY QTY RATE AMOUNT Kiosk - 6 Bay Host 2 13,950.00 A 27,900.00T 6-bay Laptop Host Station in a 30"w x 29" d x 60" h cabinet set for 6 default laptops. RFD) 4.0 Technology. Includes Web Camera to take photo of every person checking out device. Touchscreen Monitor, Bar Code Reader. Note: Devices to be furnished by customer. Database Integration 1 3,500.00 A 3,500.00T ILS Authentication (SIP-2 Protocol) and/or LDAP/Active Directory. One-time cost. Annual Hardware Svc Agreement Platinum Plus 2 2,092.50 B 4,185.00T Annual Hardware Service Agreement. Cost based on total hardware purchase. Platinum Plus - 15%. (Platinum Plus provides Free SMART Bay Upgrades Once Every 3 Years). Year 1 Annual Hardware Svc Agreement Platinum Plus 2 2,092.50 B 4,185.00T Annual Hardware Service Agreement. Cost based on total hardware purchase. Platinum Plus - 15%. (Platinum Plus provides Free SMART Bay Upgrades Once Every 3 Years). Year 2 Annual Hardware Svc Agreement Platinum Plus 2 2,092.50 B 4,185.00T Annual Hardware Service Agreement. Cost based on total hardware purchase. Platinum Plus - 15%. (Platinum Plus provides Free SMART Bay Upgrades Once Every 3 Years). Year 3 Ann Software Lic Agreement 2 1,000.00 C 2,000.00T Annual Software Licensing Agreement per Host Station ($1000 per each Host of 6 or fewer devices plus $800 for each additional 6 devices). Year 1 Ann Software Lie Agreement 2 1,000.00 `` 2,000.00T Annual Software Licensing Agreement per Host Station ($1000 per each Host of 6 or fewer devices plus $800 for each additional 6 devices). Year 2 Thank you for your business. A 3% service charge is added if paying by credit card. Ann Software Lic Agreement Annual Software Licensing Agreement per Host Station ($1000 per each Host of 6 or fewer devices plus $800 for each additional 6 devices). Year 3 Deep Freeze Software License Faronics Deep Freeze Licenses. Cost up to $50/license. Waived. Up to 12 licenses. Custom Graphics Custom Kiosk Graphics. Price $1250 for one station includes front panel and two side panels + Laptop (Lid) Stickers. Price Waived for Platinum Plus. On -Site Installation On -Site Assistance with Installation and Training. $1500 for 1 day. Crate Custom Wooden Crate (I per Kiosk). $600/Crate. Price Waived for Platinum Plus. Shipping Prepay and Add Shipping (I per Crate). $700/Crate. Price Waived for Platinum Plus. 2 1,000.00 12 0.00 2 0.00 1 1,500.00 2 0.00 2 0.00 * At time of PO, we request 50% Down -Payment with the SUBTOTAL remaining balance paid Net 30. TAX (9.25%) * Please ship all devices and power bricks to our facility in TOTAL Hayward, CA to facilitate Kiosk Set-up prior to shipping. Accepted By Accepted Date Exhibit 1 2,000.00T 0.00 0.00 Q Sum of A=$32,900 plus 9.25% tax=$34,943.25 Sum of B=$12,555 plus 9.25% tax=$13,716.34 Sum of C=$6,000 plus 9.25% tax=$6,555 A Total-$34,943.25 B Total-$13,716.34 C Total-$6,555.00 Total-$55,214.59 1,500.00T WIN 1It 51,455.00 4,759.59 $561214.59 Thank you for your business. A 3% service charge is added if paying by credit card. Digitally signed by Francine R. Francine R. Villareal Villareal Date: 2021.02.2417.08.13-08'00' 1 0 ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/°D/YYYY) F 12/15/2020 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 Pacific Diversified Insurance Services 363 Civic Dr. Suite 100 Pleasant Hill CA 94523 CONTACT NAME: CertlflCate department PHONE FAX A/c No Ext :925-686-2860 A/c, No : 925-686-6118 ADDE-MRESS: certificates@pdins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Massachusetts Bay Insurance Company 22306 License#: OK07568 INSURED JAVACON-01 Java Connections, LLC dba Laptops Anytime 17304 Preston Rd Ste 800 INSURERB: The Hanover Insurance Company 22292 INSURERC: INSURER D Dallas TX 75252 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 1190242501 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y ODF D785344 12/15/2020 12/15/2021 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY ❑PRO ❑ JECT LOC X PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Technology E&O LHF H446344 02 12/15/2020 12/15/2021 Per Claim/Aggregate: $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) As required by written contract, the following endorsements apply to the Certificate Holder and/or any other entity named in this section: General Liability Additional Insured 391-1006 08-16, Primary Wording & Non -Contributory 391-1003 08-16. City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza, 4th floor AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 u" cF ILLi3R M&T7Agt'.Ih12t'lt DrViBlOrt REVIEWED & APPROVED BY.- @ 1988-2015 ACORD Cl�,' ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD _ _— task Mran gement Analyst ACC)R" CERTIFICATE OF LIABILITY INSURANCE DAT//2020 Y) 12/09/09020 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 CONT-NAMEAutomatic Data Processing Insurance Agency, Inc. Automatic Data Processing Insurance Agency, Inc. PAH/C' N Ext : 1-800-524-7024 (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # 1 Adp Boulevard Roseland NJ 07068 INSURERA : Travelers Property Casualty Company ofAmerica 25674 INSURED Java Connections, LLC INSURER B INSURER C INSURER D 17304 Preston Rd INSURER E : INSURER F : Dallas TX 75252 COVERAGES CERTIFICATE NUMBER: 1762262 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO- JECT ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE (Per accident) $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A Y UB7P27209720 03/15/2020 03/15/2021 PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This certificate has a blanket Waiver of Subrogation for the following state(s) :CA As respects to we coverage, WC 99 03 76 A - 002 and WC 00 03 13 00 - 002 has been attached to the policy . COI shall provide thirty (30) day prior written notice of cancellation CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza 4th floor 99 Santa Ana CA 92701 4AREvlEWED&APPRCVEDBY' 1�sIeTAa�ag�rnentDtveawn ©1988-2015 ACORD C ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD '_-.__,___.� R(sk Management Analyst .r.-- .. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02/03/2021 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 COVERHOUND INSURANCE SOLUTIONS CONIA NAME; JOSSELIN LEIVA PHONE FAX A/C, No, Ext : 855-465-8080 (A/C, No): 805-367-5676 ADDRESS: JOSSELIN@COVERHOUND.COM 5655 LINDERO CANYON ROAD SUITE 420 INSURER(S) AFFORDING COVERAGE NAIC# WESTLAKE VILLAGE CA 91362 INSURER A: CFC: LIO d's of London 15792 INSURED INSURER B : Java Connections LLC DBA Laptops Anytime INSURERC: INSURER0: 17304 Preston Rd Ste 800 INSURER E : Dallas, TX 75252 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSO WVO POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE DOCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO- ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY (Ea accident) $ BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE r $ DED I I RETENTION $ ORKERS COMPENSATION NO EMPLOYERS' LIABILITY Y / N - STATUTE JER E.L. EACH ACCIDENT $ NY PROPRIETOR/PARTNER/EXECUTIVE FFICER/MEMBER EXCLUDED? IN N / A E.L. DISEASE - EA EMPLOYEE $ Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ EACH CLAIM 5,000,000.00 A CYBER PROFESSIONAL LIABILITY ESJO127184037 02/01/21 02/01/22 AGGREGATE LIMIT 5,000,000.00 Retention 10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana as a Certificate Holder. CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza 4th FL Santa Ana CA 92701 Jossel i RAMal�medDiMsiun F1°x REVIEWED & APPROVEDBY: ©1988-2015 ACORD f.. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD _ _ Wsk hrfanagement Analyst LAPTOPS ANYTIME - Automated Checkout nosk, December 7, 2020 City of Santa Ana Risk Management Division, 4' floor 20 Civic Center Plaza, Santa Ana, CA 92702 Re: Auto Insurance Requirement and Release of Liability. Dear City of Santa Ana Risk Management Division: Please let this letter serve that any employee or contractor from Java Connections, LLC dba LaptopsAnytime hereby releases the City of Automobile Liability. Any employee or contractor will not be using/driving any vehicle during the course and scope of the agreement with the City of Sana Ana, CA. Feel free to contact me with any questions. Sincerely,� m-/�ev Abigail Ruttenberg Business Manager LaptopsAnytime C: 614.579.3057 17304 Preston Road, Suite 800, Dallas, TX 75252 Mwwganad 3 \°� REVIEWED & APPROVED BY: of 1, V "�p a 1 ���--� Risk Management Analpt Hanover Insurance Group- ODF D785344 5701644 BUSINESSOWNERS COVERAGE FORM Table of Contents SECTION I - PROPERTY Page Number A. Coverage................................................................................................................................................. 4 1. Covered Property.............................................................................................................................. 4 2. Property Not Covered....................................................................................................................... 5 3. Covered Causes of Loss.................................................................................................................. 6 4. Limitations......................................................................................................................................... 6 5. Additional Coverages........................................................................................................................ 7 BusinessIncome............................................................................................................................ 10 Business Income from Dependent Properties............................................................................ 17 CivilAuthority................................................................................................................................. 13 Collapse.......................................................................................................................................... 8 Commercial Tools and Small Equipment.................................................................................... 27 ComputerEquipment..................................................................................................................... 20 Computer and Funds Transfer Fraud........................................................................................... 34 DebrisRemoval.............................................................................................................................. 7 DeferredPayments........................................................................................................................ 31 ElectronicVandalism..................................................................................................................... 31 Employee Theft including ERISA Compliance............................................................................. 18 EquipmentBreakdown................................................................................................................... 22 ExtraExpense................................................................................................................................. 12 FineArts.......................................................................................................................................... 28 Fire Department Service Charge.................................................................................................. 8 Fire Protection Equipment Recharge........................................................................................... 18 Forgeryor Alteration..................................................................................................................... 13 GlassExpenses.............................................................................................................................. 18 Installation...................................................................................................................................... 27 Interruption of Computer Operations........................................................................................... 32 Leasehold Interest (Tenants only)................................................................................................ 29 Limited Coverage for Fungi, Wet Rot, or Dry Rot....................................................................... 33 Moneyand Securities.................................................................................................................... 21 Money Orders and Counterfeit Money........................................................................................ 13 Ordinanceor Law.......................................................................................................................... 14 Preservationof Property............................................................................................................... 8 Pollutant Clean -Up and Removal................................................................................................. 12 Rewards -Arson, Theft and Vandalism........................................................................................ 20 Sales Representative Samples..................................................................................................... 29 Tenant Building Insurance - When Your Lease Requires You to Provide Insurance ............... 34 Tenant Business Personal Property Insurance - When Your Lease Requires You to 34 ProvideInsurance.......................................................................................................................... TenantSigns (Tenants Only)......................................................................................................... 22 Theftof Telephonic Services......................................................................................................... 34 Unauthorized Business Credit Card Use..................................................................................... 30 UtilityServices................................................................................................................................ 30 Water Damage, Other Liquids, Powder or Molten Material Damage ....................................... 10 RideMmaganad])Msian 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissi }� JN RE�AED&APPROVmSY: --� Risk Pjanagement Analyst 6. Coverage Extensions........................................................................................................................ 35 AccountsReceivable...................................................................................................................... 37 Business Personal Property Temporarily in Portable Storage Units ........................................ 39 AppurtenantStructures.................................................................................................................. 38 Inventory and Loss Appraisal....................................................................................................... 39 Key Replacement and Lock Repair.............................................................................................. 38 Newly Acquired or Constructed Property.................................................................................... 35 OutdoorProperty............................................................................................................................ 36 PavedSurfaces............................................................................................................................... 39 PersonalEffects.............................................................................................................................. 36 Personal Property Off Premises................................................................................................... 36 PersonalProperty In Transit......................................................................................................... 38 Valuable Papers and Records (Other Than Electronic Data) .................................................... 36 UndergroundPipes........................................................................................................................ 40 B. Exclusions............................................................................................................................................... 40 C. Limits of Insurance................................................................................................................................. 45 D. Deductibles.............................................................................................................................................. 46 E. Property Loss Conditions....................................................................................................................... 47 1. Abandonment.................................................................................................................................... 47 2. Appraisal............................................................................................................................................ 47 3. Duties in the Event of Loss or Damage.......................................................................................... 47 4. Legal Action Against Us................................................................................................................... 48 5. Loss Payment.................................................................................................................................... 48 6. Recovered Property.......................................................................................................................... 50 7. Vacancy.............................................................................................................................................. 50 8. Pair, Sets or Parts............................................................................................................................. 51 F. Property General Conditions.................................................................................................................. 51 1. Control of Property........................................................................................................................... 51 2. Mortgageholders............................................................................................................................... 51 3. No Benefit to Bailee.......................................................................................................................... 52 4. Policy Period, Coverage Territory.................................................................................................. 52 5. Protective Devices............................................................................................................................ 52 6. Increase in Hazard............................................................................................................................ 52 G. Property Definitions................................................................................................................................ 52 SECTION II - LIABILITY A. Coverages............................................................................................................................................... 59 1. Business Liability.............................................................................................................................. 59 2. Medical Expenses............................................................................................................................. 61 B. Exclusions............................................................................................................................................... 62 1. Applicable to Business Liability Coverage..................................................................................... 62 2. Additional Exclusions Applicable only to Personal and Advertising Injury ................................. 68 3. Additional Exclusions Applicable to Medical Expenses Coverage Only ...................................... 69 4. Additional Exclusions Applicable to Both Business Liability Coverage and Medical Expenses 70 Coverage - Nuclear Energy Liability Exclusion.............................................................................. C. Who is an Insured.................................................................................................................................. 71 D. Liability and Medical Expenses Limits of Insurance........................................................................... 72 RideMmWmedDiAsian REVIEWED & APPROVED SY: 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissio ' , ° , `� --� Rusk Pjanagement Analyst Hanover Insurance Group- ODF D785344 5701644 E. Liability and Medical Expenses General Conditions............................................................................ 73 1. Bankruptcy......................................................................................................................................... 73 2. Duties in the Event of Occurrence, Offense, Claim or Suit........................................................... 73 3. Legal Action Against Us................................................................................................................... 73 4. Separation of Insureds..................................................................................................................... 73 F. Liability and Medical Expenses Definitions.......................................................................................... 74 SECTION III - COMMON POLICY CONDITIONS (APPLICABLE TO SECTION I - PROPERTY AND SECTION II - LIABILITY) A. Cancellation............................................................................................................................................ 77 B. Changes................................................................................................................................................... 78 C. Concealment, Misrepresentation or Fraud........................................................................................... 78 D. Examination of Your Books and Records............................................................................................. 78 E. Inspections and Surveys........................................................................................................................ 78 F. Insurance Under Two or More Coverages........................................................................................... 78 G. Liberalization.......................................................................................................................................... 79 H. Other Insurance...................................................................................................................................... 79 I. Premiums.................................................................................................................................................. 80 J. Premium Audit......................................................................................................................................... 80 K. Transfer of Rights of Recovery Against Others to Us......................................................................... 80 L. Transfer of Your Rights and Duties Under This Policy....................................................................... 81 w ItAMwagzmedDiAsian 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissio }4 `_ idEVlEuveD&APPROVED Br: --� Risk K4anagement Analyst BUSINESSOWNERS COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this Coverage Form the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. In SECTION II - LIABILITY, the word "insured" means any person or organization qualifying as such under paragraph C. Who is an Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to paragraph G. Property Definitions in SECTION I - PROPERTY and paragraph F. Liability and Medical Expenses Definitions in SECTION II - LIABILITY. SECTION I - PROPERTY A. Coverage We will pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss. 1. Covered Property Covered Property includes Buildings as described in paragraph a. below, Business Personal Property as described in paragraph b. below, or both, depending on whether a Limit of Insurance is shown in the Declarations for that type of property. Regardless of whether coverage is shown in the Declarations for Buildings, Business Personal Property, or both, there is no coverage for property described in SECTION I - PROPERTY, A. Coverage, 2. Property Not Covered. a. Buildings, meaning the buildings and structures at the premises described in the Declarations, including: (1) Completed additions; (2) Fixtures, including outdoor fixtures; (3) Permanently installed: (a) Machinery; and (b) Equipment; (4) Your personal property in apartments, rooms or common areas furnished by you as the landlord; (5) Personal property owned by you that is used to maintain or service the buildings or structures or the premises, including: (d) Appliances used for refrigerating, ventilating, cooking, dishwashing or laundering; (6) If not covered by other insurance (a) Additions under construction, alterations and repairs to the buildings or structures; (b) Materials, equipment, supplies and temporary structures, on or within 1,000 feet of the described premises, used for making additions, alterations or repairs to the buildings or structures. (7) Signs, whether or not they are attached to covered buildings or structures; (8) Interior and Exterior Building glass if you are a building owner; (9) Fences and retaining walls located on or within 1,000 feet of a covered building or structure, whether or not attached to buildings or structures, except for retaining walls that are used, in whole or in part, to contain water. b. Business Personal Property located in or on the buildings or structures at the described premises or in the open (or in a vehicle) within 1,000 feet of the building or structures or within 1,000 feet of the premises described in the Declarations, whichever distance is greater, including: (1) Property you own that is used in your business; (a) Fire protection equipment; (2) Property of others that is in your (b) Outdoor furniture; care, custody or control, including (c) Floor coverings; and the cost of labor, materials or services furnished or arranged by you on personal property of others, except as otherwise provided in SECTION I - RideMmaganadDiAsian REVIEWED & APPROVED BY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. --� Risk hrPanagement Analyst PROPERTY, E. Property Loss Condition, 5. Loss Payment paragraph d., subparagraph (3)(b); (3) Tenant's improvements and betterments. Improvements and betterments are fixtures, alterations, installations or additions: (a) Made a part of the building or structure you occupy but do not own; and (b) You acquired or made at your expense but cannot legally remove. (4) Leased personal property for which you have a written contractual responsibility to insure, unless otherwise provided in paragraph (2) above; (5) Exterior building glass, if you are a tenant and no Limit of Insurance is shown in the Declarations for Building property. The glass must be owned by you or in your care, custody or control; (6) Physical damage sustained to a building leased to you caused by or resulting from "theft" or attempted "theft", burglary or robbery of your Business Personal Property. 2. Property Not Covered Covered Property does not include: a. Aircraft, automobiles, motortrucks and other vehicles subject to motor vehicle registration; b. Contractor's equipment, which is used or operated principally away from the premises described in the Declarations, or parts and equipment, whether attached or unattached to contractor's equipment, unless such parts and equipment is held for sale by you, or sold by you but not delivered unless specifically endorsed and scheduled, or as provided for in SECTION I - PROPERTY, B. Additional Coverages, v. Commercial Tools and Small Equipment; c. "Money" or "securities" except as provided in the: (1) Money and Securities Additional Coverage; or (2) Employee Theft Additional Coverage; d. Contraband or property in the course of illegal transportation or trade; Hanover Insurance Group- ODF D785344 5701644 land on which the property is located), water, growing crops or lawns (other than lawns which are part of a vegetated roof), except as provided in SECTION I - PROPERTY, A. Coverage, 6. Coverage Extension, I. Paved Surfaces; f. Outdoor radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers, trees, shrubs or plants (other than trees, shrubs or plants which are part of a vegetated roof), all except as provided in SECTION I - PROPERTY, A. Coverage, 6. Coverage Extension, c. Outdoor Property; g. Watercraft (including motors, equipment and accessories); h. Accounts, bills, food stamps, other evidences of debt, accounts receivable or "valuable papers and records"; except as otherwise provided in this Coverage Form; i. "Computer equipment", which is permanently installed or designed to be permanently installed in any aircraft, watercraft, motortruck or other vehicle subject to motor vehicle registration. This paragraph does not apply to "computer equipment" while held as "stock"; j. "Electronic Data", except as provided under the Computer Equipment and Electronic Vandalism Additional Coverages. This paragraph does not apply to your "stock" of prepackaged "software" or to "electronic data" which is integrated in and operates or controls the building's elevator, lighting, heating, ventilation, air conditioning or security system; k. Animals, unless owned by others and boarded by you, or held for sale by you, or sold but not delivered, and only while inside of buildings; I. The cost of excavations, grading, backfilling, or filling; m. Bulkheads, pilings, piers, wharves or docks; n. Retaining walls that are used, in whole or in part, to contain water. o. "Computer Equipment", except as provided for under the: (1) Computer Equipment Additional Coverage; (2) Equipment Breakdown Additional Coverage; or e. Land, whether or not resurfaced with stone, gravel or similar layer (including RideMmaganad])Msian JN 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissio REVIEWED&APPROVEDSY: ., . ° , `� --� Rusk Pjanagement Analyst (3) Electronic Vandalism Additional Coverage. p. Commercial tools and small equipment except as provided in SECTION I - PROPERTY, A. Coverage, 5. Additional Coverages, v. Commercial Tools and Small Equipment or for contractor's equipment specifically endorsed and scheduled. This does not apply to your commercial tools and small equipment permanently installed or exclusively used at the described premises; q. Employee tools and small equipment except as provided for in SECTION I - PROPERTY, A. Coverage, 5. Additional Coverages, v. Commercial Tools and Small Equipment or when added by separate endorsement; r. Bridges (unless the bridge is made a part of a covered Building), roadways, walks, patios or other paved surfaces, except as provided in SECTION I - PROPERTY, A. Coverage, 6. Coverage Extensions, I. Paved Surfaces; s. Underground pipes, flues or drains except as provided in SECTION I - PROPERTY, A. Coverage, 6. Coverage Extensions, m. Underground Pipes; and t. Personal Property while airborne or waterborne. 3. Covered Causes of Loss Risks of direct physical loss unless the loss is: a. Excluded in SECTION I - PROPERTY, B. Exclusions; or b. Limited in SECTION I - PROPERTY, A. Coverages, 4. Limitations 4. Limitations a. We will not pay for loss of or damage to: (1) Property that is missing, where the only evidence of the loss or damage is a shortage disclosed on taking inventory, or other instances where there is no physical evidence to show what happened to the property. This limitation does not apply to SECTION I - PROPERTY, A. Coverage, 5. Additional Coverages, s. Money and Securities. (2) Property that has been transferred to a person or to a place outside the described premises on the basis of unauthorized instructions. (3) The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet, ice, sand or dust, whether driven by wind or not, unless: (a) The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain, snow, sleet, ice, sand or dust enters; or (b) The loss or damage is caused by or results from thawing of snow, sleet or ice on the building or structure. (4) Lawns, trees, shrubs or plants which are part of a vegetated roof, caused by or resulting from: (a) Dampness or dryness of atmosphere or of soil supporting the vegetation; (b) Changes in or extremes of temperature; (c) Disease; (d) Frost or hail; or (e) Rain, snow, ice or sleet. b. We will not pay for loss of or damage to the following types of property unless caused by any of the "specified causes of loss" or building glass breakage: (1) Animals, and then only if they are killed or their destruction is made necessary. (2) Fragile articles such as glassware, statuary, marble, chinaware and porcelain, if broken. This restriction does not apply to: (a) Glass that is part of the exterior or interior of a building or structure; (b) Containers of property held for sale; or (c) Photographic or scientific instrument lenses. c. For loss or damage by "theft", the following types of property are covered only up to the limits shown: (1) $10,000 for furs, fur garments and garments trimmed with fur. (2) $10,000 for jewelry, watches, watch movements, jewels, pearls, precious and semi-precious stones, bullion, gold, silver, platinum and other precious alloys or metals. This limit does not apply to worth $250 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissior ew cF IZAMwagzmedDiAsian Jy/,'q REVIEWED & APPROVED BY.- V"° --� Risk janagement Analyst Hanover Insurance Group- ODF D785344 5701644 5. Additional Coverages (b) Subject to paragraph (a) a. Debris Removal above, the amount we will pay for debris removal expense is (1) Subject to paragraphs (2), (3) and limited to 25% of the sum of (4) below, we will pay your the deductible plus the expense to remove debris of amount that we pay for direct Covered Property and other debris physical loss or damage to that is on the described premises, the Covered Property that has when such debris is caused by or sustained loss or damage. results from a Covered Cause of However, if no Covered Loss that occurs during the policy Property has sustained direct period. The expenses will be paid physical loss or damage, the only if they are reported to us in most we will pay for removal writing within 180 days of the date of debris of other property (if of direct physical loss or damage. such removal is covered (2) Debris Removal does not apply to under this Additional costs to: Coverage) is $5,000 at each (a) Remove debris of property of location. yours that is not insured under (4) We will pay up to an additional this Coverage Form, or $25,000 for debris removal property in your possession expense, for each location, in any that is not Covered Property; one occurrence of physical loss of (b) Remove debris of property or damage to Covered Property, if one or both of the following owned or leased to the circumstances apply: landlord of the building where your described premises are (a) The total of the actual debris located, unless you have a removal expense plus the contractual responsibility to amount we pay for direct insure such property and it is physical loss or damage insured under this Coverage exceeds the Limit of Form; Insurance on the Covered (c) Remove any property that is Property that has sustained loss or damage. Property Not Covered except as provided under the Outdoor (b) The actual debris removal Property Coverage Extension; expense exceeds 25% of the (d) Remove property of others of a sum of the deductible plus the amount that we pay for direct type that would not be Covered physical loss of or damage to Property under this Coverage the Covered Property that has Form; sustained loss or damage. (e) Remove deposits of mud or Therefore, if paragraphs (a) earth from the grounds of the and/or (b) above apply, our total described premises; payment for direct physical loss (f) Extract "pollutants" from land or damage and debris removal or water; or expense may reach but will never (g) Remove, restore or replace exceed the Limit of Insurance on polluted land or water. the Covered Property that has sustained loss or damage, plus (3) Subject to the exceptions in $25,000. paragraph (4) below, the following provisions apply: (5) Examples (a) The most that we will pay for Example #1 the total of direct physical loss or damage plus debris removal Limit of Insurance $ 90,000 expense is the Limit of Amount of Deductible $ 500 Insurance applicable to the Amount of Loss $ 50,000 Covered Property that has sustained loss or damage. Amount of Loss Payable $ 49,500 ($50,000 - $500) Debris Removal Expense $ 10,000 Debris Rem ILL�y µ i3RMmag'ah1ad])MsiuR REVIEWED&APPROvmSY: 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissioJ�N., . ° , `� --� Rusk Pjanagement Analyst 391-1003 0816 Payable $ 10,000 ($10,000 is 20% of $50,000) The debris removal expense is less than 25% of the sum of the loss payable plus the deductible. The sum of the loss payable and the debris removal expense ($49,500 + $10,000 = $59,500) is less than the Limit of Insurance. Therefore the full amount of debris removal expense is payable in accordance with the terms of paragraph (3) above. Example #2 Limit of Insurance $ 90,000 Amount of Deductible $ 500 Amount of Loss $80,000 Amount of Loss Payable $ 79,500 ($80,000 - $500) Debris Removal Expense $ 40,000 Debris Removal Expense Payable Basic Amount $10,500 Additional Amount $ 25,000 The basic amount payable for debris removal expense under the terms of paragraph (3) above is calculated as follows: $80,000 ($79,500 + $500) x .25 = $20,000 (capped at $10,500). The cap applies because the sum of the loss payable ($79,500) and the basic amount payable for debris removal expense ($10,500) cannot exceed the Limit of Insurance ($90,000). The additional amount payable for debris removal expense is provided in accordance with the terms of paragraph (4) above, because the debris removal expense ($40,000) exceeds 25% of the loss payable plus the deductible ($40,000 is 50% of $80,000), and because (from paragraph (3) (a)) the sum of the loss payable and debris removal expense ($79,500 + $40,000 = $119,500) would exceed the Limit of I $90 000 Th dd;It' 1 debris removal expense is not covered. b. Preservation of Property If it is necessary to move Covered Property from the described premises to preserve it from loss or damage by a Covered Cause of Loss, we will pay for any direct physical loss of or damage to that property: (1) While it is being moved or while temporarily stored at another location; and (2) Only if the loss or damage occurs within 90 days after the property is first moved. This Additional Coverage does not increase the applicable Limit of Insurance. c. Fire Department Service Charge When the fire department is called to save or protect Covered Property from a Covered Cause of Loss, we will pay up to $25,000 for service at each premises described in the Declarations, unless a higher Limit of Insurance is shown in the Declarations. Such limit is the most we will pay regardless of the number of responding fire departments or fire units, and regardless of the number or type of services performed. This Additional Coverage applies to your liability for fire department services charges: (1) Assumed by contract or agreement prior to loss; or (2) Required by local ordinance. d. Collapse The coverage provided under this Additional Coverage - Collapse applies only to an abrupt collapse as described and limited in paragraphs (1), (2), (3), (4), (5), (6) and (7) below. (1) For the purpose of this Additional Coverage - Collapse, abrupt collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. nsurance ( , ). e a Iona (2) We will pay for direct physical loss amount of covered debris removal of or damage to Covered Property, expense is $25,000, the maximum caused by abrupt collapse of a payable under paragraph (4) building or any part of a building above. Thus the total payable for that is insured under this policy or debris removal expense In this that contains Covered Property example is $35,500; $4,500 of the RiskMmaganadDiAsian J�NIncludes copyrighted material of Insurance Services Office, Inc., with its permission. } REVIEWED&APPROVEDSY: .. . v `� --� Rusk Pjanagement Analyst insured under this policy, if such collapse is caused by one or more of the following: (a) Building decay that is hidden from view, unless the presence of such decay is known to any insured prior to collapse; (b) Insect or vermin damage that is hidden from view, unless the presence of such damage is known to any insured prior to collapse; (c) Use of defective material or methods in construction, remodeling or renovation if the abrupt collapse occurs during the course of the construction, remodeling or renovation; or (d) Use of defective material or methods in construction, remodeling or renovation if the abrupt collapse occurs after the construction, remodeling or renovation is complete, but only if the collapse is caused in part by: (i) A cause of loss listed in paragraphs (a) or (b) above of this Additional Coverage; (ii) One or more of the "specified causes of loss"; (iii) Breakage of building glass; (iv) Weight of people or personal property; or (v) Weight of rain that collects on a roof. (3) This Additional Coverage - Collapse does not apply to: (a) A building or any part of a building that is in danger of falling down or caving in; (b) A part of a building that is standing, even if it has separated from another part of the building; or Hanover Insurance Group- ODF D785344 5701644 (c) Yard Fixtures; (d) Outdoor swimming pools; (e) Beach or diving platforms or appurtenances; (f) Retaining walls; and (g) Walks, roadways and other paved surfaces; if an abrupt collapse is caused by a cause of loss listed in paragraph (2), subparagraphs (a), (b), (c) and (d) of this Additional Coverage, we will pay for loss or damage to that property only if such loss or damage is a direct result of the abrupt collapse of a building insured under this Coverage Form and the property is Covered Property under this Coverage Form. (5) If personal property abruptly falls down or caves in and such collapse is not the result of abrupt collapse of a building, we will pay for loss or damage to Covered Property caused by such collapse of personal property only if: (a) The abrupt collapse of personal property was caused by a cause of loss listed in paragraph (2), subparagraphs (a), (b), (c) and (d) of this Additional Coverage; (b) The personal property which collapses is inside a building; and (c) The property which collapses is not of a kind listed in paragraph (4) above, regardless of whether that kind of property is considered to be personal property or real property. The coverage stated in paragraph (5) does not apply to personal property if marring and/or scratching is the only damage to that personal property caused by the collapse. (c) A building that is standing or (6) This Additional Coverage - Collapse any part of a building that is does not apply to personal property standing, even if it shows that has not abruptly fallen down or evidence of cracking, bulging, caved in, even if the personal sagging, bending, leaning, property shows evidence of settling, shrinkage or cracking, bulging, sagging, bending, expansion. leaning, settling, shrinkage or (4) With respect to the following expansion. property: (7) This Additional Coverage - Collapse (a) Awnings; will not increase SECTION I - (b) Gutters and downspouts; PROPERTY, C. Limits of Insurance. (8) The term Covered Cause of Loss includes the y µ ILLi3RMwag'med])MsiuR J `_ REVIEWED & APPROVED SY: 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissio �,.. --� Risk K4anagement Analyst Collapse as described and limited (ii) The area within 1,000 feet of in paragraphs (1), (2), (3), (4), (5), the building or within 1,000 (6) and (7) above. feet of the premises e. Water Damage, Other Liquids, Powder described in the or Molten Material Damage Declarations, whichever distance is greater (with If loss or damage Y e caused b or respect to loss of or damage resulting from covered water or other to personal property in the liquid, powder or molten material open or personal property in damage loss occurs, we will also pay a vehicle); and the cost to tear out and replace any part of the building or structure to (iii) Any area within the building repair damage to the system or or at the described if that appliance from which the water or premises, area services, or is used to gain other substance escapes. access to, the portion of the We will not a the cost to repair an pay p Y building which you rent, defect that caused the loss or damage; lease or occupy. but we will pay the cost to repair or replace damaged parts of fire (b) We will only pay for loss of extinguishing equipment if the damage: Business Income that you sustain during the "period of (1) Results in discharge of any restoration" and that occurs substance from an automatic fire within the designated, protection system; or consecutive number of months (2) Is directly caused by freezing. found on the Declarations Page f. Business Income beginning immediately after the date of direct physical loss or When Business Income Coverage is damage. For purposes of this provided under this policy: insurance, all recoverable loss (1) Business Income ceases when the "period of restoration" ends. (a) We will pay for the actual loss of Business Income you sustain (c) Business Income means the: due to the necessary (i) Net Income (Net Profit or "suspension" of your Loss before income taxes) "operations" during the "period that would have been of restoration". The earned or incurred if no "suspension" must be caused physical loss or damage had by direct physical loss of or occurred, but not including damage to a described any Net Income that would premises shown in likely have been earned as the Declarations and for which result of an increase in the a Business Income Limit of volume of business due to Insurance is shown in the favorable business Declarations. The loss or conditions caused by the damage must be caused by or impact of the Covered result from a Covered Cause of Cause of Loss on customers Loss. or on other businesses; With respect to loss of or (ii) Continuing normal operating damage to personal property in expenses incurred, including "payroll the open or personal property expenses". in a vehicle, the described However, if your business is premises include the area not generating any income because you are primarily in within 1,000 feet of such research or development or premises. have not yet brought your With respect to the p product to market, your requirements set forth in the continuing normal operating preceding paragraph, if you expenses, including "payroll occupy only part of a building, expenses", will not be offset your premises mean: by the Net Loss; and (i) The portion of the building (iii) "Rental Value". which you rent, lease or occupy; ILL�y ��� i3R µ Mmag'ah1ad DiAsiun °x RE�AED&APPROVED BY. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission }� �,.. --� Risk Pjanagement Analyst For manufacturing risks, Net Income includes the net sales value of production. (2) Extended Business Income If no Business Income Coverage is provided under this Coverage Form, then there is no Extended Business Income Coverage afforded under this Coverage Form. (a) Extended Business Income - Other Than Rental Value If the necessary "suspension" of your "operations" produces a Business Income loss payable under this Coverage Form, we will pay for the actual loss of Business Income you incur during the period that: (i) Begins on the date property (except "finished stock") is actually repaired, rebuilt or replaced (to the extent necessary to resume "operations") and "operations" are resumed; and (ii) Ends on the earlier of: 1) The date you could restore your "operations", with reasonable speed, to the level which would generate the Business Income amount that would have existed if no direct physical loss or damage had occurred; or 2) The number of consecutive days shown in the Additional Property Coverage Schedule for Extended Business Income after the date determined in (a) Extended Business Income - Other Than Rental Value, paragraph (i) above. However, Extended Business Income does not apply to loss of Business Income incurred as a result of unfavorable business conditions caused by the impact of the Covered Cause of Loss in the area where the described premises are located. Loss of Business Income must be caused by direct physical Hanover Insurance Group- ODF D785344 5701644 loss or damage at the described premises caused by or resulting from any Covered Cause of Loss. (b) Extended Business Income - Rental Value If the necessary "suspension" of your "operations" produces a "rental value" loss payable under this Coverage Form, we will pay for the actual loss of "rental value" you incur during the period that: (i) Begins the date property is actually repaired, rebuilt or replaced and tenantability is restored; and Ends the earlier of: 1) The date you could restore tenant occupancy, with reasonable speed, to the level which would generate the "rental value" that would have existed if no direct physical loss or damage had occurred; or 2) The number of consecutive days shown in the Additional Property Coverage Schedule for Extended Business Income after the date determined in (b) Extended Business Income - Rental Value, paragraph (i) above. However, Extended Business Income does not apply to loss of "rental value" incurred as a result of unfavorable business conditions caused by the impact of the Covered Cause of Loss in the area where the described premises are located. Loss of "rental value" must be caused by direct physical loss or damage at the described premises caused by or resulting from any Covered Cause of Loss. (iii) We will reduce the amount of your: Business Income loss, other than Extra Expense, to the extent you can resume your "operations", in whole or in part, by using damaa 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permi cF Risk Mwag merd]) isian 1'x REVIEWED & APPROVED SY.- V"° --� RFA Pjanagement Analyst property (including to continue "operations": merchandise or "stock") at (i) At the described premises; the described premises or or elsewhere. (iv) If you do not resume „operations„, (ii) At replacement premises or at temporary locations, or do not „operations including relocation resume as quickly as possible, we will expenses, and costs to pay based on the length of equip and operate the replacement or temporary time it would have taken to locations. resume "operations" as quickly as possible. (b) To minimize the "suspension" of This Additional Coverage is not subject business if you cannot continue "operations". to SECTION I - PROPERTY, C. Limits of Insurance. (c) To: g. Extra Expense (i) Repair or replace any When Business Income Coverage is property; or provided under this Coverage Form: (ii) Research, replace or (1) We will pay the necessary Extra restore the lost information dd"valuable Expense you incur during the „ paperson and records" period of restoration that you would not have incurred if there to the extent it reduces the had been no direct physical loss or amount of loss that otherwise damage to property at the would have been payable under described premises. The loss or this Additional Coverage or damage must be caused by or SECTION I - PROPERTY, A. result from a Covered Cause of Coverage, 5. Additional Loss. With respect to loss of or Coverage, f. Business Income. damage to personal property in the With regard to paragraph (i) open or personal property in a above, we will pay only for vehicle, the described premises those expenses necessary to include the area within 1,000 feet of expedite the repair or such premises. replacement of the property. With respect to the requirements Under this provision we will not set forth in the preceding pay for any portion of the paragraph, if you occupy only part ordinary and expected cost to of a building, your premises mean: actually repair or replace (a) The portion of the building property. which you rent, lease or (3) We will only pay for Extra Expense occupy; that occurs within 12 consecutive (b) The area within 1,000 feet of months beginning immediately after the building or within 1,000 feet the date of direct physical loss or of the premises described in damage. the Declarations, whichever (4) We will reduce the amount of your distance is greater (with Extra Expense loss payment to the respect to loss of or damage to extent you can return "operations" personal property in the open to normal and discontinue such or personal property in a Extra Expense. vehicle); and (5) If you do not resume "operations", (c) Any area within the building or or do not resume "operations" as at the described premises, if quickly as possible, we will pay that area services, or is used to based on the length of time It gain access to, the portion of would have taken to resume the building which you rent, "operations" as quickly as possible. lease or occupy. This Additional Coverage is not subject (2) Extra Expense means expense to SECTION I - PROPERTY, C. Limits of incurred: Insurance. (a) To avoid or minimize the h. Pollutant Clean -Up and Removal "suspension" of business and We will pay your expense to extract "pollutants" from ,. Risk Managzmenti?iviaian 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission }� JN REVIEWED&APPRovmBr: --� Risk Pjanagement Analyst Hanover Insurance Group- ODF D785344 5701644 described premises if the discharge, first action of civil authority that dispersal, seepage, migration, release prohibits access to the described or escape of the "pollutants" is caused premises and will apply for a by or results from a Covered Cause of period of up to four consecutive Loss that occurs during the policy weeks from the date on which such period. The expenses will be paid only coverage began. if they are reported to us in writing within 180 days of the date on which Civil Authority Coverage for Extra the Covered Cause of Loss occurs. Expense will begin immediately after the time of the first action of This Additional Coverage does not civil authority that prohibits access apply to costs to test for, monitor or to the described premises and will assess the existence, concentration or end: effects of "pollutants". But we will pay (a) Four consecutive weeks after for testing which is performed in the date of that action; or the course of extracting the "pollutants" from the land or water. (b) When your Civil Authority The most we will pay for each location Coverage for Business Income ends; under this Additional Coverage is $25,000 for the sum of all such whichever is later. expenses arising out of Covered (3) The definitions of Business Income Causes of Loss occurring during each and Extra Expense contained in separate 12 month period of this policy. SECTION I - PROPERTY, A. Civil Authority Coverage, 5. Additional Coverages, When Business Income Coverage is f. Business Income; and g. Extra Expense also apply to this provided under this Coverage Form: Additional Coverage. (1) When a Covered Cause of Loss j. Money Orders and Counterfeit Money causes damage to property other than property at the described (1) We will pay for loss resulting premises, we will pay for the actual directly from your having accepted loss of Business Income you in good faith, in exchange for sustain and necessary Extra merchandise, "money" or services: Expense caused by action of civil (a) Money orders issued by any authority that prohibits access to post office, express company or the described premises due to "financial institution" that are direct physical loss or damage to not paid upon presentation; or property within one mile of the described premises, provided that (b) "Counterfeit money" that is both of the following apply: acquired during the regular course of business. (a) Access to the area immediately surrounding the damaged (2) Under this Additional Coverage, all property is prohibited by civil loss: authority as a result of the (a) Caused by one or more damage, and the described persons; or premises are within that area but are not more than one mile (b) Involving a single act or series from the damaged property; of related acts; (b) The action of civil authority is is considered one occurrence. taken in response to dangerous (3) The most we will pay for any loss physical conditions resulting under this Additional Coverage is from the damage or $5,000. continuation of the Covered k. Forgery or Alteration Cause of Loss that caused the damage, or the action is taken (1) We will pay for loss resulting to enable a civil authority to directly from forgery or alteration of have unimpeded access to the any: damaged property. (a) Check, draft, promissory note, (2) Civil Authority Coverage for bill of exchange or similar Business Income will begin 72 written promises of payment in hours after the time of the money that you or your agent has issued, or that was issued RideMmaganedDiAsian REVIEWED & APPROvm SY: 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission ' ., , ° , `� --� Rusk Pjanagement Analyst by someone who impersonates zoning or land use you or your agent; and requirements at the (b) Credit, debit or charge slips or described premise; documents, including (ii) Is in force at the time of signatures or the entry of a loss; and Personal Identification Number iii Was not in force at the time ( ) (PIN) into a payment processing device" required the involved construction with the use of any credit, was completed. debit, or charge card issued to But coverage under this you or any "employee" for Additional Coverage applies business purposes. only in response to the (2) Under this Additional Coverage, all minimum requirements of the ordinance or law. Losses and loss: costs incurred in complying (a) Caused by one or more with recommended actions or persons; or standards that exceed actual (b) Involving a single act or series requirements are not covered of related acts; under this Additional Coverage. is considered one occurrence. (b) The building sustains direct physical damage: (3) If you are sued for refusing to pay the check, draft, promissory note, (i) That is covered under this bill of exchange or similar written Coverage Form and as a promises of payment in "money", result of such damage, you on the basis that it has been forged are required to comply with or altered, and you have our the ordinance or law; or written consent to defend against (ii) That is covered under this the suit, we will pay for any Coverage Form and direct reasonable legal expenses that you physical damage that is not incur in that defense. covered under this (4) For purposes of this Additional Coverage Form and as a Coverage, check includes a result of the building substitute check as defined by the damage in its entirety, you United States Congress in the are required to comply with Check Clearing for the 21st Century the ordinance or law. Act and will be treated the same as (iii) But if the damage is not the original it replaced. covered under this (5) The most we will pay for any loss, Coverage Form and such including legal expenses, under damage is the subject of this Additional Coverage is $25,000, the ordinance or law, then unless a higher Limit of Insurance there is no coverage under is shown in the Schedule of this Additional Coverage Amended Limits of Insurance. even if building has also sustained covered direct I. Ordinance or Law physical damage. (1) This Additional Coverage applies (c) In the situation described in only to buildings insured on a (2) Application of Coverages, replacement cost basis. paragraph (b), subparagraph (2) Application of Coverages: (ii) above, we will not pay the full amount of loss otherwise The coverages provided under this payable under the terms of Additional Coverage applies only if coverages for Coverage for paragraphs (a) and (b) below, are Loss to the Undamaged satisfied and are then subject to Portion of the Building, the qualifications found in (c) Demolition Cost Coverage or below. Increased Cost of (a) The ordinance or law: Construction Coverage. (i) Regulates the demolition, Instead, we will pay a proportion of such loss, construction or repair of buildings, or establishes meaning the proportion that µ ILLi3RMmag'ah1ed DiAsiun REVIEWED&APPROVmSY: 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. }� JN �,.. --� Risk Pjanagement Analyst the covered direct physical damage bears to the total direct physical damage. Paragraph (7) of this coverage provides an example of this procedure. However, if the covered direct physical damage alone would have resulted in a requirement to comply with the ordinance or law, then we will pay the full amount of the loss otherwise payable under the terms of Coverages for Loss to the Undamaged Portion of the Building, Demolition Cost Coverage or Increased Cost of Construction Coverage under this Additional Coverage. (3) We will not pay under this Additional Coverage for: (a) Enforcement of or compliance with any ordinance or law which requires the demolition, repair, replacement, reconstruction, remodeling or remediation of property due to contamination by "pollutants" or due to the presence, growth, proliferation, spread or any activity of "fungi", wet rot or dry rot; or (b) The costs associated with the enforcement of or compliance with any ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants", "fungi", wet rot or dry rot. (4) Coverage (a) Coverage for Loss to the Undamaged Portion of the Building 391-1003 08 16 With respect to the building that has sustained covered direct physical damage, we will pay under this Additional Coverage for the loss in value of the undamaged portion of the building as a consequence of a requirement to comply with an ordinance or law that requires Hanover Insurance Group- ODF D785344 5701644 Declarations as applicable to the covered building. Coverage for Loss to the Undamaged Portion of the Building does not increase the Limit of Insurance. (b) Demolition Cost Coverage With respect to the building that has sustained covered direct physical damage, we will pay the cost to demolish and clear the site of the undamaged parts of the same building, as a consequence of a requirement to comply with an ordinance or law that requires demolition of such undamaged property. SECTION I - PROPERTY, E. Property Loss Conditions, 5. Loss Payment, paragraph d. does not apply to Demolition Cost Coverage. (c) Increased Cost of Construction With respect to the building that has sustained covered direct physical damage, we will pay the increased cost to: (i) Repair or reconstruct damaged portions of that building; and/or (ii) Reconstruct or remodel undamaged portions of that building, whether or not demolition is required; when the increased cost is a consequence of a requirement to comply with the minimum standards of the ordinance or law. However: (i) This coverage applies only if the restored or remodeled property is intended for similar occupancy as the current property, unless such occupancy is not permitted by zoning or land use ordinance or law. (ii) We will not pay for the increased cost of construction if the building is not repaired, reconstructed or remodeled. demolition of undamaged parts SECTION I - PROPERTY, E. of the same building. Coverage Property Loss Conditions, 5. for Loss to the Undamaged Loss Payment, paragraph d. Portion of the Building is does not apply to the Increased included within the Limit of Cost of Construction Coverage. Insurance shown in the RideMmaganad])Msian �Includes copyrighted material of Insurance Services Office, Inc., with its permissioJ�N REVIEWED & APPROvm SY: v `� --� Rusk Pjanagement Analyst (5) Loss Payment you actually spend to (a) Loss Payment provisions (b), demolish and clear the site (c), (d) and (e) below are of the described premises. subject to the apportionment (ii) Loss payment under procedure set forth in above Increased Cost of Application of Coverages, Construction Coverage will paragraph (2)(c). be determined as follows: (b) When there is a loss in value of 1) We will not pay for the an undamaged portion of the increased cost of building to which Coverage for construction until the Loss to the Undamaged Portion property is actually of the Building applies, the loss repaired or replaced at payment for that building, the same or another including damaged and premises; and undamaged portions, will be determined as follows: 2) Unless the repairs or replacement is made (i) If the property is repaired or as soon as reasonably replaced on the same or possible after the loss another premise, we will not or damage, not to pay more than the lesser of: exceed two years. We 1) The amount you actually may extend this period spend to repair, rebuild in writing during the or reconstruct the two years. building, but not for (iii) If the building is repaired more than the amount it or replaced at the same would cost to restore premises, or if you elect to the building on the same rebuild at another premises and to the premises, the most we will same height, floor area, pay for the Increased Cost style and comparable of Construction Coverage quality of the original is the lesser of: property insured; or 1) The increased cost of 2) The Limit of Insurance construction at the shown in the same premises; or Declarations as applicable to the 2) The Limit of Insurance covered building. described in paragraph (d) below. (ii) If the property is not repaired or replaced. We (iv) If the ordinance or law will not pay more than the requires relocation to another premise, the most lesser of: we will pay for the 1) The actual cash value of increased cost of the building at the time construction is the lesser of loss; or of: 2) The Limit of Insurance 1) The increased cost of shown in the construction at the new Declarations as premises; or applicable to the covered building. 2) The Limit of Insurance described in paragraph (c) The most we will pay for the (d) below. total of all covered losses for Demolition Cost Coverage and (d) The most we will pay for the Increased Cost of Construction total of all covered losses for is the Limit of Insurance shown Demolition Cost and Increased in paragraph (d) below. Subject Cost of Construction for each to this combined Limit of building described in the Insurance, the following loss Declarations is or the payment provisions apply: amount showwnn in the Additional Property Schedule. (i) For Demolition Cost Coverage, we will not pay for more than the amount µ ILLR i3R M&T7Agm2dDLVIBIOR 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. J `_ REVIEWED & APPROVED SY: �,.. --� Wsk K4anagement Analyst If a damaged building(s) is covered under a Blanket Limit of Insurance and the Blanket Limit of Insurance applies to more than one building or item of property, then the most we will under this Additional Coverage, for each building, is $5,000, or the amount shown in the Additional Property Coverage Schedule. (6) Under this coverage, we will not pay for loss due to any ordinance or law that: (a) You were required to comply with before the loss, even if the building was undamaged; and (b) You failed to comply with. (7) Example of Proportionate Loss Payment for Ordinance or Law Coverage losses (procedures as set forth in paragraph (2)(c) of this Additional Coverage). Assume: • Wind is a Covered Cause of Loss; "Flood" is an excluded Cause of Loss • The building has value of $200,000 • The total direct physical damage to the building: $100,000; • The ordinance or law in this jurisdiction is enforced when building damage equals or exceeds 50% of the building's value; • Portion of direct physical damage that is covered (caused by wind): $30,000; • Portion of direct physical damage that is not covered (caused by "flood"): $70,000; and • Loss under Increased Cost of Construction: $60,000 Step 1: Determine the proportion that the covered direct physical Hanover Insurance Group- ODF D785344 5701644 Construction loss is $18,000, subject to the applicable Limit of Insurance and any other applicable provisions. Note: The same procedure applies to losses under Loss to the Undamaged Portion of the Building and Demolition Cost of this Additional Coverage. m. Business Income from Dependent Properties When Business Income Coverage is provided under this Coverage Form: (1) We will pay for the actual loss of Business Income you sustain due to direct physical loss or damage at the premises of a "dependent property" caused by or resulting from any Covered Cause of Loss. However, this Additional Coverage does not apply when the only loss at the premises of a "dependent property" is loss or damage to "electronic data", including destruction or corruption of "electronic data". If the "dependent property" sustains loss or damage to "electronic data" and other property, coverage under this Additional Coverage will not continue once the other property is repaired, rebuilt or replaced. (2) The most we will pay under this Additional Coverage is $5,000 per occurrence, regardless of the number of "dependent properties" affected. (3) We will reduce the amount of your Business Income loss, other than Extra Expense, to the extent you can resume "operations", in whole or in part, by using any other available: (a) Source of materials; or (b) Outlet for your products. (4) If you do not resume "operations", or do not resume "operations" as quickly as possible, we will pay based on the length of time it would have taken to resume "operations" as quickly as possible. damage bears to the total direct (5) The coverage period for Business physical damage. Income under this Additional $30,000 divided by $100,000 = .30 Coverage: Step 2: Apply that portion to the (a) Begins 72 hours after the time of Ordinance or Law loss. direct physical loss or damage $60,000 x .30 = $18,000 caused by or resulting from any Covered Cause of Loss at the In this example, the most we will premises of the "dependent pay under this Additional Coverage property"; and for the Increased Cost of RideMmaganad])Msian REVIEWED & APPROVED SY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissio --� Risk hrPanagement Analyst (b) Ends on the date when the property at the premises of the "dependent property" should be repaired, rebuilt or replaced (to the extent necessary to resume "operations") with reasonable speed and similar quality or 12 months immediately following the date of direct physical loss or damage, whichever is shorter. (6) The Business Income coverage period, as stated in paragraph (4) above, does not include any increased period required due to the enforcement of or compliance with any ordinance or law that: (a) Regulates the construction, use or repair, or requires the tearing down of any property; or (b) Requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants". The expiration date of this Coverage Form will not reduce the Business Income coverage period. (7) The definition of Business Income contained in the Business Income Additional Coverage also applies to this Business Income from Dependent Properties Additional Coverage. Glass Expenses When glass is damaged from a Covered Cause of Loss we will pay for your expenses incurred to: (1) Put up temporary plates or board up openings if repair or replacement of damaged glass is delayed; (2) Replace lettering, artwork, sensors or other items permanently affixed to, or a part of, the damaged glass; and (3) Remove or replace obstructions when repairing or replacing glass that is part of a building. This does not include removing or replacing window displays. o. Fire Protection Equipment Recharge (1) We will pay: (a) The cost of recharging or replacing, whichever is less, your fire extinguishers and fire extinguishing systems (including hydrostatic testing if needed) if they are discharged on or within 1,000 feet of the described premises; and (b) For loss or damage to Covered Property if such loss or damage is the result of an accidental discharge of chemicals from a fire extinguisher or a fire extinguishing system. (2) No coverage will apply if the fire extinguishing system is discharged during installation or testing. (3) The most we will pay under this Additional Coverage is $25,000 in any one occurrence. The deductible does not apply to these expenses. p. Employee Theft including ERISA Compliance (1) We will pay for loss or damage to "money", "securities" and "other property" resulting directly from "theft" committed by an "employee", clergy, or any non -compensated person whether identified or not, acting alone or in collusion with other persons. For the purposes of this Additional Coverage, "theft" shall also include "forgery". (2) This Additional Coverage terminates as to any "employee" as soon as: (a) You; or (b) Any of your partners, "members", "managers", officers, directors or trustees not in collusion with the "employee"; "Discovered" the "theft" or any other dishonest act committed by the "employee" whether before or after becoming employed by you. (3) Under this Additional Coverage, all loss: (a) Caused by one or more persons; or (b) Involving a single act or series of related acts; is considered one occurrence. (4) We will pay only for loss you sustain through acts committed or events occurring anytime which is "discovered" by you: (a) During 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissi cF Risk Mwag merdDiAsian 1'x REVIEWED & APPROVED SY.- V"° --� RFA Pjanagement Analyst (b) No later than 1 year from the date of termination or cancellation of this insurance. However this extended period to "discover" loss terminates immediately upon the effective date of any other insurance obtained by you, whether from us or another insurer, replacing in whole or in part the coverage afforded under this Additional Coverage, whether or not such other insurance provides coverage for loss sustained prior to its effective date. (5) You may extend this coverage to apply to loss caused by any "employee" while temporarily outside the Coverage Territory for a period of not more than 90 days. (6) The most we will pay for all loss resulting directly from an occurrence is $10,000 or the Limit of Insurance shown in the Additional Property Coverage Schedule. Regardless of the number of years this policy remains in force or the number of premiums paid, no Limit of Insurance cumulates from year to year. (7) Special Employee Theft Exclusions We will not pay for: (a) Loss resulting from "theft" or any other dishonest act committed by: (i) You; or (ii) Any of your partners or "members"; 391-1003 08 16 Whether acting alone or in collusion with other persons. (b) Loss caused by an "employee" if the "employee" has also committed "theft" or any other dishonest act prior to the effective date of this policy and you or any of your partners, "managers", officers, directors or trustees, not in collusion with the "employee", learned of that "theft" or dishonest act prior to the policy period shown in the Declarations. Hanover Insurance Group- ODF D785344 5701644 (i) Whether acting alone or in collusion with other persons; or (ii) While performing services for you or others; Except when covered under this Additional Coverage. (d) Loss that is an indirect result of an occurrence covered by this Additional Coverage, including, but not limited to, loss resulting from: (i) Your inability to realize income that you would have realized had there been no loss of or damage to "money", "securities" or "other property"; Payment of damages of any type for which you are legally liable; (iii) Payment of costs, fees or other expenses you incur in establishing either the existence or the amount of loss under this Additional Coverage. (e) Fees, costs and expenses incurred by you which are related to any legal action. (f) Loss or that part of any loss, the proof of which as to its existence or amount is dependent upon: (i) An inventory computation; or (ii) A profit and loss computation. However, where you establish wholly apart from such computations that you have sustained a loss, then you may offer your inventory records and actual physical count of inventory in support of the amount of loss claimed. (g) (h) (c) Loss resulting from "theft" or any other dishonest act (i) committed by any of your "employees", "managers", (�) directors, trustees or authorized representatives: Includes copyrighted material of Insurance Services Office, Inc., with its Loss resulting from trading, whether in your name or in a genuine or fictitious account. Loss resulting from fraudulent or dishonest signing, issuing, canceling or failing to cancel, a warehouse receipt or any papers connected with it. Loss resulting from: The unauthorized disclosure of your cF Risk Mmaganad])Msian Jy/ 1'x REVIEWED & APPROVED SY.- V"° --� RFsk janagement Analyst confidential information including, but not limited to, patents, trade secrets, processing methods or customer lists; or (ii) The unauthorized use or disclosure of confidential information of another person or entity which is held by you including, but not limited to, financial information, personal information, credit card information or similar non public information. (8) Welfare and Pension Plan ERISA Compliance (a) The "employee benefit plan" (hereafter referred to as Plan) is included as an insured under this Additional Coverage. (b) If any Plan is insured jointly with any other entity under this Additional Coverage, you or the Plan Administrator must select a Limit of Insurance for this Additional Coverage that is sufficient to provide a Limit of Insurance for each Plan that is at least equal to that required if each Plan were separately insured. (c) With respect to loss sustained or "discovered" by any such Plan, paragraph (1) above, of this Additional Coverage is replaced by the following: (1) We will pay for loss of or damage to "funds" and "other property" resulting directly from fraudulent or dishonest acts committed by an "employee", whether identified or not, acting alone or in collusion with other persons. (d) If the first Named Insured is an entity other than a Plan, any payment we make for loss sustained by any Plan will be made to the Plan sustaining the loss. (e) If two or more Plans are insured under this Additional Coverage, any payment we make for loss: (i) Sustained by two or more Plans; or (ii) Of commingled "funds" or "other property" of two or more Plans; Resulting from an occurrence, will be made to each Plan sustaining loss in the proportion that the Limit of Insurance required for each Plan bears to the total Limit of Insurance of all Plans sustaining loss. (f) The deductible does not apply to this Additional Coverage. q. Rewards - Arson, Theft and Vandalism (1) We will reimburse you for payment of any reward offered on your behalf and for information that leads to the arrest and conviction of the person or persons responsible for: (a) Arson; (b) "Theft" or (c) Vandalism to Covered Property. (2) The arrest or conviction must involve a covered loss caused by arson, "theft" or vandalism. (3) The most we will pay under this Additional Coverage is $10,000 unless a higher Limit of Insurance is shown in the Additional Property Coverage Schedule. The amount we pay is not increased by the number of persons involved in providing the information. (4) The amount payable under this Additional Coverage is additional insurance. (5) The deductible does not apply to this Additional Coverage. r. Computer Equipment (1) We will pay for direct physical loss of or damage to the following Covered Property which is your property or property in your care, custody or control while at or away from the described premises when loss or damage is caused by or resulting from a Covered Cause of Loss: (a) "Computer equipment"; and (b) Programming documentation and instruction manuals. (2) We will pay for the actual loss of Business Income you sustain as described in the Business Income Additional Coverage and we will pay for any necessary Extra Expense you incur during the "period of rpctnrntinn" 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permi cF Risk Mwag merdDiAsian 1'x REVIEWED & APPROVED SY.- V"° --� RFA Pjanagement Analyst Hanover Insurance Group- ODF D785344 5701644 as described in the Extra Expense (7) The following in SECTION I - Additional Coverage. PROPERTY, B. Exclusions, paragraph (3) In the event of a loss of or damage 1. do not apply to this Additional to "Computer equipment" by a Coverage: Covered Cause of Loss, we will pay (a) b. Earth Movement; and your costs to modify or replace "hardware" "software" (b) g. Water. undamaged or when it: (8) Special Computer Equipment (a) Was dependent on the damaged Exclusions "hardware" or "software" prior to We will not pay for loss or damage to the covered loss; and portable electronic devices when (b) not compatible with the caused by, resulting from, or arising out of "theft" or unexplained loss hardware or software that is "hardware" when the property is checked replacing the property that was baggage with a carrier for transit. involved in the covered loss. Portable electronic devices includes We will only pay for your costs to laptops, tablets, e-readers, modify or replace undamaged smartphones or other lightweight, "hardware" or "software" at a hand-held or wearable devices premises described in the capable of storing, retrieving and Declarations. processing data. The most we will pay for your costs s. Money and Securities covered in any one occurrence is $10,000. (1) We will pay for loss of "money" and "securities": (4) We will not pay for any loss of or (a) Inside a building at the described damage to the following property: premises or "financial institution" (a) Property you rent, loan or lease resulting directly from "theft" to others while it is away from committed by a person present the described premises; inside a building at the described (b) Property you hold for sale, premises or "financial institution"; distribute or manufacture except (b) Inside a building at the described as provided in SECTION I - premises or "financial institution" PROPERTY, A. Coverage, 1. resulting directly from Covered Property, paragraph b.; disappearance or destruction; or or (c) Outside of a building at or away (c) "Software" that cannot be from the described premises in duplicated or replaced with the care and custody of a similar property of equal quality "messenger" or an armored and/or substantially similar motor vehicle company resulting functionality. directly from "theft", (5) If we provide Building coverage only, disappearance or destruction. we will only pay for loss to (2) For the purposes of this Additional "computer equipment" that service Coverage, all loss: building operations at the described (a) Caused by one or more persons; premises and are located at the or described premises. (6) The most we will pay for any loss or (b) Involving a single act or series of related acts; damage to property described in paragraphs (1) and (2) above, is is considered one occurrence. $35,000 unless a higher Limit of (3) You must keep records of all "money" Insurance is shown in the Additional and "securities" so we can verify the Property Coverage Schedule for amount of any one loss or damage. Computer Equipment. The most we will pay for Extra Expense is $5,000 (4) The amount payable under this unless a higher Limit of Insurance is Additional Coverage is additional g shown in the Additional Property insurance. Coverage Schedule for Extra Expense. 391-1003 08 16 µ ILLi3RMwag'�.Ih12Yl�DiAsIOR Includes copyrighted material of Insurance Services Office, Inc., with its permissi 40 F,oq REVIEWED & APPROVED BY.- �,.. --� Risk Pjanagement Analyst (5) The most we will pay for loss in any one PROPERTY, B. Exclusions, paragraph occurrence is: 1. does not apply to this Additional (a) $10,000 or the amount shown in the Coverage except for the following: Additional Property Coverage Schedule (a) c. Government Action; while: (b) d. Nuclear Hazard; and (i) Inside a building at the described (c) f. War and Military Action. premises; or ii Within a "financial institution" in the () (3) We will not pay for loss or damage Coverage Territory; and caused by or resulting from: (b) $5,000 or the amount shown in the (a) Wear and tear; Additional Property Coverage Schedule (b) Hidden or latent defect; while outside of a building at the (c) Rust; described premises or when away from the described premises in the Coverage (d) Corrosion; or Territory. (e) Mechanical Breakdown, except as (6) Special Money and Securities Exclusions provided for in SECTION I - We will not pay for loss: PROPERTY, A. Coverage, 5. Additional Coverages, U. (a) Resulting from accounting or arithmetic Equipment Breakdown. errors or omissions; (4) The most we will pay for loss or (b) Resulting from giving or surrendering of damage in any one occurrence is property in any exchange or purchase; $5,000 regardless of the number of (c) Of property contained in any locations or buildings involved. money -operated device unless the u. Equipment Breakdown amount of "money" deposited in it is (1) We will pay for direct physical recorded by a continuous recording damage to Covered Property that is instrument in the device; or the direct result of an "accident" or (d) Loss or damage to "money" and "electronic circuitry impairment". We "securities" following and directly will consider "electronic circuitry related to the use of any computer to impairment" to be physical damage fraudulently cause a transfer of that to "covered equipment". property. (2) The following coverages also apply to t. Tenant Signs (Tenants only) the direct result of an "accident" or (1) This Additional Coverage is available only "electronic circuitry impairment". when the Named Insured is a tenant and a However, with respect to coverage A.5.u.(2)(h) Utility Services - Limit of Insurance is shown in the Declarations Page for Business Personal Equipment Breakdown (Accident) and Property. A.5.m. Business Income from Dependent Properties provided in this We will pay for direct physical loss of or coverage form, coverage will apply damage to all signs: only to the direct result of an (a) Owned by you; or "accident" and will not apply to the b (b) Owned by others but in your care, direct result of an "electronic circuitry impairment". These coverages do not custody control; provide additional amounts of when loss or damage is caused by or insurance. resulting from a Covered Cause of Loss. (a) Data Restoration (2) SECTION I - PROPERTY, A. Coverage, 3. We will pay for your reasonable Covered Causes of Loss does not apply to and necessary cost to research, this Additional Coverage and SECTION I - replace and restore lost "data". The most we will pay for loss or expense under this coverage, including actual loss of Business Income you sustain and u" cF RA]V&T7Ag'ah1ad DiAsiun REVIEWED & APPROVED SY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissi --� Wsk hrPanagement Analyst Hanover Insurance Group- ODF D785344 5701644 necessary Extra Expense you (d) Hazardous Substances incur is $50,000. We will pay for the additional cost (b) Expediting Expenses to repair or replace Covered With respect to your damaged Property because of a "hazardous Covered Property, we will pay, up contamination by a to $50,000, the reasonable extra substance". cost to: This includes the additional costs to (i) Make temporary repairs; and clean up or dispose of such property. This does not include (ii) Expedite permanent repairs or contamination of "perishable goods" permanent replacement. by refrigerant, including but not (c) Fungi, Wet Rot, or Dry Rot limited to ammonia, which is (i) We will pay the additional cost addressed in (g) Spoilage below. Additional costs mean those beyond to repair or replace Covered what would have been payable had Property because of no "hazardous substance" been contamination by "fungi", wet involved. The most we will pay for rot or dry rot. This includes loss, damage or expense under this the additional costs to clean up or dispose of such coverage, including actual loss of property. This does not Business Income you sustain, and necessary Extra Expense you incur include spoilage of personal is $50,000. property that is perishable goods" to the extent that such (e) Personal Property Off Premises spoilage is covered under Equipment Breakdown Spoilage coverage. (i) Any direct physical damage for (ii) As used in this coverage, personal property off premises additional costs mean those provided under Coverage beyond what would have been Extension b. Personal Property payable under this Equipment Off Premises, also applies to the Breakdown Coverage had no direct result of an "accident" or "fungi", wet rot or dry rot "electronic circuitry been involved. impairment". (iii) We will also pay the cost of (ii) We will also pay for your testing performed after repair reasonable and necessary cost or replacement of the to research, replace and restore damaged Covered Property is lost "electronic data" contained completed only to the extent within "covered equipment" that there is reason to believe when due to covered loss or there is the presence of damage as described in (i) "fungi", wet rot or dry rot. above. This amount may not (iv) This coverage does not apply exceed the limit applicable to Data Restoration coverage. to lawns, trees, shrubs or plants which are part of a (iii) The most we will pay for loss, vegetated roof. damage or expense under this (v) The most we will pay in any "one coverage, including actual loss of Business Income you sustain equipment breakdown" for loss, damage or expense and necessary Extra Expense under this coverage, including you incur and Data Restoration as described in (ii) above is actual loss of Business $50'000. Income you sustain and necessary Extra Expense you (f) Public Relations incur, if shown as covered, is $15,000 even if the "fungi", wet rot or dry rot continues to be present or active or recurs in a later policy period. µ ILLi3RMmag'ah12YdDiAsiun `_ REVIEWED & APPROVED BY. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permiss }� �,.. --� Risk Pjanagement Analyst (i) This coverage only applies if "accident" or "electronic you have sustained an actual circuitry impairment", less loss of Business Income. discounts and expenses you (ii) We will pay for your reasonable otherwise would have had. Otherwise our payment will costs for professional services be determined in accordance to create and disseminate with the Loss Payment communications, when the Condition. need for such communications arises directly from the (iii) The most we will pay for loss interruption of your business. or damage under this This communication must be coverage is $50,000. directed to one or more of the (h) Utility Services - Equipment following: Breakdown (Accident) 1) The media; (i) Any insurance provided for 2) The public; or Business Income, Extra 3) Your customers, clients or Expense, Data Restoration or Spoilage is extended to members. apply to your loss, damage (iii) Such costs must be incurred or expense caused by a during the "period of failure or disruption of restoration" or up to 30 days service. The failure or after the "period of restoration" disruption of service must be has ended. caused by an "accident" to (iv) The most we will pay for loss equipment, including or expense under this coverage overhead transmission lines, is $5,000. that is owned by a utility, landlord, a landlord's utility (g) Spoilage or other supplier who (i) We will pay for: provides you with any of the 1) Physical damage to your following services: electrical power, waste disposal, air " perishable goods" due to p g conditioning, refrigeration, spoilage. heating, natural gas, 2) Physical damage to your compressed air, water, "perishable goods" due to steam, Internet access, contamination from the telecommunications release of refrigerant, services, "cloud computing including but not limited to services", wide area ammonia. networks or data 3) Any necessary expenses transmission. The equipment must meet the definition of you incur to reduce the amount of loss under this covered equipment except coverage. We will pay for that it is not Covered Property. such expenses to the extent that they do not exceed the (ii) "Cloud computing services" amount of loss that must be provided by a otherwise would have been professional provider with payable under this whom you have a contract. coverage. (iii) With respect to the Data (ii) If you are unable to replace Restoration portion of this "perishable goods" before its Service Interruption anticipated sale, the amount coverage, coverage will also of our payment will be apply to "data" stored in the determined on the basis of the equipment of a provider of sales price of the "perishable "cloud computing services". goods" at the time of the (iv) Any insurance provided for Business Income or Data Restoration will not apply cF IZAMmaganad ?iAsian REVIEWED & APPROVED SY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissi --� Risk hrPanagement Analyst under this Service Interruption coverage unless the failure or disruption of service exceeds 24 hours immediately following the "accident". If the interruption exceeds 24 hours, coverage will begin at the time of the disruption, and the applicable deductible will apply. (v) The most we will pay in any "one equipment breakdown" for loss, damage or expense under this coverage is the applicable limit for Business Income, Extra Expense, Data Restoration or Spoilage. (3) Conditions (a) Suspension When any "covered equipment" is found to be in, or exposed to, a dangerous condition, any of our representatives may immediately suspend the insurance against loss from an "accident" or "electronic circuitry impairment" to that "covered equipment". We can do this by mailing or delivering a written notice of suspension to: (i) Your address as shown in the Declarations; or (ii) The address where the "covered equipment" is located. Once suspended in this way, your insurance can be reinstated only by an endorsement for that "covered equipment". If we suspend your insurance, you will get a pro rata refund of premium for that "covered equipment". But the suspension will be effective even if we have not yet made or offered a refund. (b) Jurisdictional Inspections If any property that is "covered equipment" under this Additional Coverage requires inspection to comply with state or municipal boiler and pressure vessel regulations, we agree to perform such inspection on your behalf. We do not warrant that conditions are safe or healthful. Hanover Insurance Group- ODF D785344 5701644 (c) Environmental, Safety and Efficiency Improvements If "covered equipment" requires replacement due to an "accident" or "electronic circuitry impairment", we will pay your additional cost to replace with equipment that is better for the environment, safer for people or more energy or water efficient than the equipment being replaced. However, we will not pay to increase the size or capacity of the equipment and we will not pay more than 150% of what the cost would have been to replace with like kind and quality. This provision does not apply to the replacement of component parts or to any property to which Actual Cash Value applies and does not increase any of the applicable limits. (4) Special Equipment Breakdown Exclusions (a) We will not pay for loss, damage or expense caused by or resulting from a hydrostatic, pneumatic or gas pressure test of any boiler or pressure vessel, or an electrical insulation breakdown test of any type of electrical equipment. (b) With respect to Business Income, Extra Expense and Utility Services coverages, we will also not pay for: (i) Loss caused by your failure to use due diligence and dispatch, and all reasonable means to resume business; or (ii) Any increase in loss resulting from an agreement between you and your customer or supplier. (c) Except as provided under u.2.(c) "Fungi", Wet Rot or Dry Rot coverage we will not pay for loss, damage or expense caused directly or indirectly by the following, whether or not caused by or resulting from an "accident" or "electronic circuitry impairment": Any "fungi," wet rot or dry rot, including any presence, growth, proliferation, spread or any activity of "fungi," wet rot or dry rot. This includes, but is not RideMmagzmed])Msian 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permiss RE�AD&APPROVED BY. i --� Risk Pjanagement Analyst limited to, costs arising from clean up, removal, or abatement of such "fungi," wet rot or dry rot. However, this exclusion does not apply to spoilage of personal property that is "perishable goods," to the extent that such spoilage is covered under Spoilage coverage. (d) This Additional Coverage - Equipment Breakdown does not apply to an "accident" or "electronic circuitry impairment" caused by or resulting from: (i) Fire (including fire resulting from an "accident" or "electronic circuitry impairment"), or water or other means used to extinguish a fire; (ii) Explosion of gas or unconsumed fuel within the furnace of any boiler or fired vessel or within the passages from that furnace to the atmosphere; (iii) Any other explosion, except as specifically covered under this Additional Coverage; (iv) Vandalism; (v) Lightning; smoke; aircraft or vehicles; riot or civil commotion; sprinkler leakage; elevator collision; (vi) Windstorm or hail; However, this exclusion does not apply when: 1) "Covered equipment" located within a building or structure suffers an "accident" or "electronic circuitry impairment" that results from wind-blown rain, snow, sand or dust; and 2) The building or structure did not first sustain wind or hail damage to its roof or walls through which the rain, snow, sand or dust entered. (vii)Breakage of glass; falling objects; weight of snow, ice or sleet; freezing (caused by cold weather); collapse or molten material; (viii)"Flood", surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not; mudslide or mudflow; or water that backs up or overflows from a sewer, drain or sump. However, if electrical "covered equipment" requires drying out because of the above, we will pay for the direct expenses of such drying out subject to the applicable Limit of Insurance and deductible for Building or Business Personal Property, whichever applies. (ix) Any earth movement, including but not limited to earthquake, subsidence, sinkhole collapse, landslide, earth sinking, tsunami or volcanic action. (e) Special Equipment Breakdown Exclusions (5)(d)(v), (5)(d)(vi) and (5)(d)(vii) shall not apply if: (i) The excluded cause of loss occurs away from any covered location and causes an electrical surge or other electrical disturbance; (ii) Such surge or disturbance is transmitted through utility service transmission lines to the covered location and results in an "accident" or "electronic circuitry impairment"; and (iii) The loss, damage or expense caused by such surge or disturbance is not covered elsewhere under the policy. (f) We will not pay under this Additional Coverage for any loss or damage to animals. The most we will pay for loss, damage or expense arising from any "one equipment breakdown" is the applicable Limit of Insurance shown in the Declarations. This Additional Coverage does not provide an additional amount of insurance. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission sJ�N Risk Mwag merdDiAsian REVIEWED&APPROVEDSY:"° --� Risk Pjanagement Analyst v. Commercial Tools and Small Equipment (1) This Additional Coverage is available only when a Limit of Insurance is shown in the Declarations for Business Personal Property. (2) We will pay for direct physical loss of or damage caused by or resulting from a Covered Cause of Loss to commercial tools and small equipment, including their: (a) Accessories, whether attached or not attached; and (b) Spare parts that are specifically designed and intended for use in the maintenance and operation of property covered under this Additional Coverage; That is: (c) Your property; (d) The property of others in your care, custody or control; or (e) The property of your "employees". Damage to the property of your "employees" is limited to while on the described premises. Commercial Tools and Small Equipment does not include communication devices and diagnostic equipment unless otherwise covered in SECTION I - PROPERTY, A. Coverage, 5. Additional Coverages, r. Computer Equipment. (3) This coverage only applies to any one tool or piece of small equipment with a replacement cost value of $2,500 or less, unless listed on a schedule included with this policy. (4) The most we will pay for any loss under this Additional Coverage in any one occurrence is $5,000 unless a higher Limit of Insurance is shown in the Additional Property Coverage Schedule, but not more than $2,500 for any one tool, tool box or piece of small equipment. (5) In addition to items listed within SECTION I - PROPERTY, A. Coverage, 2. Property Not Covered, we will not pay for any loss to the following property: (a) Watercraft or watercraft parts and equipment; Hanover Insurance Group- ODF D785344 5701644 (b) Commercial tools and small equipment that are permanently mounted to a vehicle, including trailers; (c) Tires or tire tubes, attached or unattached, for use with commercial tools and small equipment, unless the loss or damage is caused by "theft", malicious mischief, or any of the "specified causes of loss"; or (d) Any property while underground, airborne or waterborne. (6) The following SECTION I - PROPERTY, B. Exclusions, in paragraph 1. do not apply to this Additional Coverage: (a) b. Earth Movement; (b) g. Water. (7) Special Commercial Tools and Small Equipment Exclusion We will not pay for any loss caused by or resulting from any repair, adjusting, servicing, testing or maintenance process unless fire or explosion ensues, then only for the loss caused by such ensuing fire or explosion. w. Installation (1) This Additional Coverage is available only when a Limit of Insurance is shown in the Declarations for Business Personal Property. (2) We will pay for direct physical loss of or damage to property sold under an installation agreement where your insurable interest continues until the property is accepted by the purchaser for whom the project is to be performed. Coverage applies under this Additional Coverage when the loss or damage is caused by or resulting from any Covered Cause of Loss. (3) The property under which this insurance applies includes: (a) Materials, supplies, equipment, machinery, fixtures owned by you or in your care, custody or control, and which are to be installed by you or at your direction; and (b) Temporary structures built or assembled on -site, including cribbing, scaffolding and construction forms. RideMmaganadDiAsian 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissi }� °x R�ED&APPROVmSY: i ' --� Risk Management Analyst This property is covered while: (a) The cost to make good or replace (c) At any jobsite you do not own, faulty or defective materials or lease or operate; workmanship; (d) Awaiting and during installation, (b) Testing. However, if testing results in or awaiting acceptance by the fire or explosion, we will pay for the purchaser; loss or damage caused by that fire or (e) In transit"; or explosion; (f) At a temporary storage location. (c) A fault, defect, deficiency, error or omission in a plan, blueprint, design (4) Coverage provided under this or specification; Additional Coverage will end when one of the following first occurs: (d) The weight of a load when it exceeds the designed capacity of any property (a) This policy expires or is covered under this Additional cancelled; Coverage to lift, move or support the (b) The property covered under this load from any position; or Additional Coverage is accepted (e) Collision, upset or overturn of any by the purchaser; property covered under this (c) Your interest in the property Additional Coverage to the extent of covered under this Additional any loss of or damage to the tires or Coverage ceases; inner tubes of such property. But we will pay for the loss of or damage to (d) You abandon the project to be the tires or inner tubes if the same performed by you for the accident causes other covered loss to purchaser, with no intention to the same property covered under this complete it; or Additional Coverage. (e) 90 days after the project to be (7) The following in SECTION I - PROPERTY, performed by you for the B. Exclusions, paragraph 1. do not apply purchaser is completed, unless to this Additional Coverage: we specify a different date in writing. (a) b. Earth Movement; and (5) In addition to SECTION I - (b) g. Water. PROPERTY, A. Coverage, 2. (8) The most we will pay for loss of or Property Not Covered, the following damage to property covered under this property is not covered with respect Additional Coverage in any one to this Additional Coverage: occurrence is $5,000, regardless if the (a) An existing building or structure property is located at a jobsite, while "in to which an addition, alteration, transit", or at a temporary storage improvement or repair is being location. made; This Additional Coverage does not (b) Property stored at a permanent increase SECTION I - PROPERTY, C. premises that you own; Limits of Insurance. (c) A plan, blueprint, design or x. Fine Arts specification; (1) We will pay for direct physical loss to (d) Trees, grass, sod, shrubbery or "fine arts" which are your property or plants; and the property of others in your care, (e) Machinery, tools, equipment, custody or control while on the supplies or similar property that described premises. We also cover does not become a permanent your "fine arts" while temporarily on part of the project. This includes display or exhibit away from the contractor's equipment and other described premises or while "in tools belonging to a contractor transit" between the described or sub -contractor. premises and a location where the (6) Special Installation Exclusions We will not pay for any loss caused by or resulting from: µ ILLi3RMmag'ah1ed DiAsian REVIEWED&APPROvmSY: 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissiJ�N., . ° , `� --� Rusk Pjanagement Analyst "fine arts" will be temporarily on display or exhibit. (2) The following of SECTION I - PROPERTY, B. Exclusions, paragraph 1. do not apply to this Additional Coverage: (a) b. Earth Movement; and (b) g. Water (3) The most we will pay for any loss under this Additional Coverage is $10,000 per occurrence regardless of the number of locations or buildings involved. (4) Special Fine Arts Exclusion We will not pay for any loss caused by or resulting from: (a) Breakage of statuary, glassware, bric-a-brac, marble, porcelain and similar fragile property. But we will pay if the loss or damage is caused directly by a "specified cause of loss", earthquake or "flood"; and (b) Any repairing, restoration or retouching of the "fine arts". y. Sales Representative Samples (1) We will pay for direct physical loss or damage by a Covered Cause of Loss to samples of your "stock" in trade (including containers) while: (a) In the custody of your sales representative, agent or any "employee" who travels with sales samples; (b) In your custody while acting as a sales representative; or (c) "In transit" between the described premises and your sales representatives. (2) The following of SECTION I - PROPERTY, B. Exclusions, paragraph 1. do not apply to this Additional Coverage: (a) b. Earth Movement; and (b) g. Water (3) The most we will pay for any loss or damage under this Additional Coverage is $5,000 unless a higher Limit of Insurance is shown in the Additional Property Coverage Schedule. (4) We will not pay for loss to the following property: Hanover Insurance Group- ODF D785344 5701644 (a) Property which has been sold; (b) Jewelry, precious or semiprecious stones, gold, silver, platinum or other precious metals or alloys; (c) Fur, fur garments or garments trimmed with fur; or (d) Any property while waterborne. Leasehold Interest (Tenants Only) (1) If your lease is cancelled due to direct physical damage to property at the described premises caused by or resulting from a Covered Cause of Loss, we will pay the net loss you sustain due to increased rent under a replacement lease. (2) The most we will pay for loss because of the cancellation of any lease or leases due to the same covered cause of loss is the lesser of: (a) If your lease is cancelled and either: (i) Your landlord allows you to continue to use your premises under a new lease not to exceed the prevailing lease rate, or (ii) You relocate to other permanent premises and enter into a new lease. For the duration of the lease in effect at the time of the loss, we will pay the increase in rent between what you were paying at the time of loss and the rent you will be required to pay for equivalent premises under the replacement lease; (b) $10,000; or (c) Nothing if there is not a written or legally binding lease. (3) The following applies to paragraph (2), subparagraphs (a)(i) and (a)(ii) above: (a) If the lease in effect at the time of the loss contains a renewal option, the expiration date of the renewal option period will replace the expiration of the current lease. (b) If the lease has no end date (open-ended), we will pay the difference in rent for a period of no more than 24 months after the date of the direct physical damage to the property at the described premises. RideMmaganadDiAsian F1°x REVIEWED & APPROVED BY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permis . , --� Risk Management Analyst (4) The following applies to paragraph Additional Coverage is $5,000 per (2), subparagraphs (a) and (b) above: occurrence. (a) $10,000 will be the maximum bb. Utility Services amount payable regardless of the number of leases affected by the (1) We will pay for loss of or damage to same Covered Cause of Loss. Covered Property caused by an interruption in service to the described (b) Existence of a renewal option will premises. The interruption must result not increase, or have any other from direct physical loss or damage by a effect on this Limit of Insurance. Covered Cause of Loss to property not on (5) Special Leasehold Interest Exclusion the described premises that provides the services shown in paragraph (3) below. We will not pay for any loss or damage: The most we will pay for loss in any one (a) If the unit or suite rented or occurrence under this Additional Coverage is $10,000 at each described leased where direct y premises or the Limit of Insurance shown damage occurs has been vacant in the Additional Property Coverage more than 60 consecutive days Schedule. before the loss or damage occurs, and you have not entered into an (2) We will pay for the actual loss of Business agreement to sublease the unit or Income you sustain and necessary Extra suite. Expense you incur caused by the (b) Caused by your cancelling the interruption of service at the described premises. The interruption must result lease, or from direct physical loss or damage by a (c) Caused by lessors' lease Covered Cause of Loss to property not on cancellation at the normal the described premises that provides the expiration date. services shown in paragraph (3) below. aa. Unauthorized Business Credit Card Use We will only pay for loss you sustain after (1) We will pay for loss resulting from the the first 24 hours following the direct "theft" or unauthorized use of physical loss of or damage to the property Business Credit Cards issued to you described above. or registered in your name. The most we will pay for loss in any one (2) We do not cover use of a Business occurrence under this Additional Coverage is $5,000 at each described Credit Card: premises or the Limit of Insurance shown (a) By a person who has been in the Additional Property Coverage entrusted with the card; or Schedule. (b) any of your "employees". (3) Services: (3) All loss: (a) Water Supply Services, meaning the (a) Caused by one or more persons; following types of property supplying or water to the described premises: (b) Involving a single act or series of (i) Pumping stations; and related acts; (ii) Water mains. is considered one occurrence (b) Communication Supply Services, regardless of the number of individual meaning the following types of unauthorized transactions. property supplying communication (4) If a suit is brought against you for services, including but not limited liability, we will pay for reasonable to telephone, radio, microwave, legal expenses incurred in that television services, internet defense under this Additional access or access to any Coverage. electronic, cellular or satellite (5) The most we will pay for any loss including legal expenses, under this µ Risk Mmag'ah1ed DiAsiun REVIEWED & APPROVED BY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permis --� Wsk Management Analyst network to the described premises, such as: (i) Communication transmission lines, including optic fiber transmission lines; (ii) Coaxial cables; and (iii) Microwave radio relays except satellites. (c) Power Supply Services, meaning the following types of property supplying electricity, steam or gas to the described premises: (i) Utility generating plants; (ii) Switching stations; (iii) Substations; (iv) Transformers; and (v) Transmission lines. (4) Services under this Additional Coverage do not include overhead transmission lines that deliver utility services to you. Overhead transmission lines include, but are not limited to: (a) Overhead transmission and distribution lines; (b) Overhead transformers and similar equipment; and (c) Supporting poles and towers. (5) As used in this additional coverage, the term transmission lines includes all lines which serve to transmit communication service or power, including lines which may be identified as distribution lines. Hanover Insurance Group- ODF D785344 5701644 trust agreement or any installment or deferred payment plan after delivery to buyers. The loss or damage must be caused by a Covered Cause of Loss. (2) When a total loss to that property occurs, deferred payments are valued on the amount shown on your books as due from the buyer. When a partial loss to that property occurs and the buyer refuses to continue payment, forcing you to repossess, deferred payments are valued as follows: (a) If the realized value of the repossessed property is greater than or equal to the amount shown on your books as due from the buyer, we will make no payment; but (b) If the realized value of the repossessed property is less than the amount shown on your books as due from the buyer, we will pay the difference. (3) When loss occurs and the buyer continues to pay you, there will be no loss payment. (4) The most we will pay for loss under this Additional Coverage is $5,000 per occurrence. dd. Electronic Vandalism (1) SECTION I - PROPERTY, A. Coverage, 2. Property Not Covered, paragraph o. is deleted. (2) We cover direct physical loss of or damage to covered "computer equipment" at the described premises caused by "electronic vandalism". (6) This coverage is not an additional (3) The most we will pay in any one amount of insurance. occurrence under this Additional Coverage is $10,000. The most we pay (7) Coverage under this Additional for all covered losses under this Coverage for loss or damage to Additional Coverage during each Covered Property does not apply to separate 12-month period of this policy is loss or damage to "electronic data", $10,000. including destruction or corruption of "electronic data". (4) Special Electronic Vandalism Exclusions (8) The definitions of Business Income and We do not cover: Extra Expense contained in the (a) Loss of proprietary use of any Business Income and Extra Expense "electronic data" or "proprietary Additional Coverages also apply to this programs" that have been copied, Utility Services Additional Coverage. scanned, or altered; cc. Deferred Payments (b) Loss of or reduction in economic or market value of any "electronic (1) We will pay for your interest in lost or damaged Business Personal Property sold by you under a conditional sale or 08 16 Includes copyrighted material of Insurance Services µ ILLi3RMmag'ah1ed])MsiuR REVIEWED&APPROVEDSY: J�N391-1003 Office, Inc., with its permissi } `� --� Rusk Pjanagement Analyst data" or "proprietary programs" (3) The most we will pay under this that have been copied, Additional Coverage - Interruption of scanned, or altered; and Computer Operations for all loss (c) "Theft" from your "electronic sustained and expense incurred in data" or "proprietary programs" any one policy year, regardless of of confidential information the number of interruptions or the through the observation of the number of premises, locations or "electronic data" or "proprietary computer systems involved, is programs" by accessing $10,000 unless a higher Limit of covered "computer equipment" Insurance is shown in the without any alteration or other Declarations. If loss payment relating physical loss of or damage to to the first interruption does not the records or programs. exhaust this amount, then the Confidential information balance is available for loss or includes, but is not limited to, expense sustained or incurred as a customer information, result of subsequent interruptions in processing methods, or trade that policy year. A balance secrets. remaining at the end of a policy year ee. Interruption of Computer Operations does not increase the amount of insurance in the next policy year. This Additional Coverage is only With respect to any interruption available if Business Income is covered which begins in one policy year and under this Coverage Form. continues or results in additional (1) Subject to all provisions of this loss or expense in a subsequent Additional Coverage, you may policy year(s), all loss and expense extend the insurance that applies to is deemed to be sustained or Business Income and Extra incurred in the policy year in which Expense to apply to a suspension the interruption began. of "operations" at the described (4) This Additional Coverage - premises caused by an interruption Interruption of Computer Operations in computer operations due to does not apply to loss sustained or destruction or corruption of expense incurred after the end of the "electronic data" occurring at or "period of restoration", even if the away from the described premises amount of insurance stated in resulting from any Covered Cause paragraph (3) above has not been of Loss. exhausted. (2) With respect to the coverage (5) Coverage for Business Income does provided under this Additional not apply when a "suspension" of Coverage, the Covered Causes of "operations" is caused by destruction Loss are subject to the following: or corruption of "electronic data", or (a) With respect to the coverage any loss or damage to "electronic provided under this Additional data", except as provided under Coverage, the Covered Causes paragraphs (1), (2), (3) and (4) of this of Loss include "electronic Additional Coverage. vandalism". But there is no (6) Coverage for Extra Expense does not coverage for an interruption apply when action is taken to avoid related to manipulation of a or minimize a "suspension" of computer system (including "operations" caused by "electronic "electronic data") by any vandalism", except as provided under employee, including a paragraphs (1), (2), (3) and (4) of this temporary or leased employee, Additional Coverage. or by an entity retained by you, (7) This Additional Coverage - or for you, to Inspect, design, install, modify, maintain, repair Interruption of Computer Operations or replace that system. does not apply when loss or damage "electronic to data" involves only (b) If the Businessowners "electronic data" which is integrated Coverage Form is endorsed to in and operates or controls a add a Covered Cause of Loss, building's elevator, lighting, heating, the additional Covered Cause ventilation, air conditioning or of Loss does not apply to the security system. coverage provided under this Additional Coverage. ILL�y µ i3RMmag'ah1ad DiAsiun `_ REVIEWED & APPROVED BY. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permis }� �,.. --� Risk Pjanagement Analyst Hanover Insurance Group- ODF D785344 5701644 ff. Limited Coverage for Fungi, Wet Rot, or (4) The coverage provided under this Dry Rot Limited Coverage does not increase (1) The coverage described in the applicable Limit of Insurance on paragraphs (2) and (6) below only any Covered Property. If a particular applies when the "fungi", wet rot or occurrence results in loss or damage "fungi", dry rot is the result of any of the by wet rot or dry rot, and "specified causes of loss" other than other loss or damage, we will not pay fire or lightning that occurs during more for the total of all loss or damage, than the applicable Limit of the policy period and only if all reasonable means were used to Insurance on the affected Covered save and preserve the property from Property. further damage at the time of and If there is covered loss or damage to after that occurrence. Covered Property, not caused by This Additional Coverage does not "fungi", wet rot or dry rot, loss apply to lawns, trees, shrubs or payment will not be limited by the plants which are part of a vegetated terms of this Limited Coverage, "fungi", roof. except to the extent that wet rot or dry rot causes an increase in (2) We will pay for loss or damage by the loss. Any such increase in the "fungi", wet rot or dry rot. As used in loss will be subject to the terms of this Limited Coverage, the term loss this Limited Coverage. or damage means: (5) The terms of this Limited Coverage (a) Direct physical loss of or do not increase or reduce the damage to Covered Property coverage provided in SECTION I - caused by "fungi", wet rot or dry PROPERTY, A. Coverage, 5 Additional rot, including the cost of removal Coverages, d. Collapse; and/or e. of the "fungi", wet rot or dry rot; Water Damage, Other Liquids, Powder (b) The cost to tear out and replace or Molten Material Damage. any part of the building or other (6) The following applies only if Business property as needed to gain Income and/or Extra Expense access to the "fungi", wet rot or Coverage applies to the described dry rot; and premises and only if the "suspension" (c) The cost of testing performed of "operations" satisfies all the terms after removal, repair, and conditions of the applicable replacement or restoration of the SECTION I - PROPERTY, A. Coverage, damaged property is completed, 5. Additional Coverages, f. Business provided there is a reason to Income and/or g. Extra Expense: believe that "fungi", wet rot or (a) If the loss which resulted in dry rot is present. "fungi", wet rot or dry rot does (3) The coverage described under this not in itself necessitate a Limited Coverage is limited to "suspension" of "operations", but $50,000. Regardless of the number of such "suspension" Is necessary claims, this limit is the most we will due to loss or damage to pay for the total of all loss or property caused by "fungi", wet damage arising out of all rot or dry rot, then our payment occurrences caused by or resulting under SECTION I - PROPERTY, A. from any of the "specified causes of Coverage, 5. Additional loss" (other than fire or lightning) Coverages, f. Business Income which take place in a 12 month and/or g. Extra Expense is limited period (starting with the beginning of to the amount of loss and/or the present policy period). With expense sustained in a period of respect to a particular occurrence of not more than 30 days. The days loss which results in "fungi", wet rot need not be consecutive. or dry rot, we will not pay more than (b) If a covered suspension of the total of $50,000 even If the "fungi", "operations" was caused by loss wet rot or dry rot continues to be or damage other than "fungi", wet present or active, or recurs, in a later policy period. w ItAMwagzmedDiAsian 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permis REVIEWED & APPROVED BY.- ; .. . 19 `� --� Rt janagement Analyst rot or dry rot, but remediation of change made by an "employee" acting, "fungi", wet rot, dry rot prolongs the in good faith, upon a "fraudulent "period of restoration", we will pay instruction" received from a computer for loss and/or expense sustained software contractor who has a written during the delay (regardless of when agreement with you to design, such a delay occurs during the implement or service "computer "period of restoration"), but such programs" for "computer equipment" coverage is limited to 30 days. The covered under this Insuring days need not be consecutive. Agreement. gg. Theft of Telephonic Services (3) The most we will pay per occurrence (1) We will pay amounts you are obligated "theft" under this Additional Coverage is $5,000 unless a higher Limit of to pay that result from the of your Insurance is shown in the Schedule of "telephonic services" when someone who is not an "employee" gains Amended Limits of Insurance. unauthorized access to your "telephonic (4) Under this Additional Coverage all services" used in your business loss: operations. (a) Caused by one or more persons; or (2) The most we will pay under this (b) Involving a single act or series of Additional Coverage for acts of "theft" acts: of "telephonic services", regardless of the number of "thefts" of is considered one occurrence. "telephonic services" that you sustain in ii. Tenant Building Insurance - When Your one policy year is $25,000. Lease Requires You to Provide Insurance hh. Computer and Funds Transfer Fraud (1) This Additional Coverage is available (1) We will pay for: only when the Named Insured is a (a) Loss resulting directly from a tenant and a Limit of Insurance is shown in the Declarations Page for fraudulent: Business Personal Property. (i) Entry of "electronic data" or (2) We will pay for direct physical loss of "computer program" into; or or damage to a building on the (ii) Change of "electronic data" or described premises owned by your "computer program" within; landlord and in your care, custody or any "computer equipment" owned, control for which you have a written leased or operated by you, provided contractual responsibility to insure. The the fraudulent entry or fraudulent loss or damage must be the result of change causes, with regard to or caused by a Covered Cause of Loss. (1)(a)(i) and (1)(a)(ii) in the above (3) Regardless of the number of described paragraph: buildings affected, the most we will pay (iii) "Money", "securities" or "other per insured location under this Additional Coverage is $25,000 in any property to be transferred, paid or delivered; or one occurrence. (iv) Your account at a financial 11 Tenant Business Personal Property institution" to be debited or Insurance - When Your Lease Requires You deleted. to Provide Insurance (b) Loss resulting directly from a (1) This Additional Coverage is available "fraudulent instruction" directing a only when the Named InsureInsurais a institution" to debit your "transfer and Limit is shown in the Declarations Page for transfer account and to transfer, pay or deliver "money" or Business Personal Property. "securities" from that account. (2) Subject to SECTION I - PROPERTY, E. (2) As used in (1)(a) above, fraudulent Property Loss Conditions, 5. Loss entry or fraudulent change of Payment, m,(3)(b),ragra`pe electronic data or computer subparagraph will a for p y program" shall include such entry or µ Risk Mmag'ah1ad DiAsiun 391-1003 08 Includes copyrighted material of Insurance Services Office, Inc., with its permissiol k REVIEWED &APPROVED BY.- i --� Risk janagement Analyst Hanover Insurance Group- ODF D785344 5701644 direct physical loss of or damage to (i) Business Personal Property, your landlord's personal property including such property that located inside of a building on the you newly acquire, at any described premises and in your location you acquire; or care, custody or control for which you have a written contractual (ii) Business Personal Property, responsibility to insure. The loss or including such property that damage must be the result of or you newly acquire, located at caused by a Covered Cause of your newly constructed or Loss. acquired buildings at the (3) Regardless of the number of location described in the Declarations. buildings where the landlord's personal property is located, the (iii) Business Personal Property most we will pay per insured that you newly acquire, location under this Additional located at the described Coverage in any one occurrence is premises. $25,000. (b) This Extension does not apply to: 6. Coverage Extensions (i) Personal property of others Except as otherwise provided, the following that is temporarily in your extensions apply to property located in or possession in the course of on the building described in the installing or performing work Declarations or in the open (or in a vehicle) on such property; or within 1,000 feet of the described premises: (ii) Personal property of others a. Newly Acquired or Constructed that is temporarily in your Property possession in the course of (1) Buildings g your manufacturing or wholesaling activities. If your policy covers Buildings, you (c) This insurance may not be used may extend the insurance provided to increase your Business under Building to apply to direct Personal Property Limit. It does physical loss or damage when such not apply to personal property loss or damage is caused by a you acquire as part of your usual Covered Cause of Loss to: customary business dealings (a) Your new buildings while being whether or not such acquisition built on the described was related to anticipated premises; and seasonal demands. Under the (b) Buildings you acquire at terms of this Coverage Form, such property is not considered premises other than the one described, intended for: newly acquired, but falls within the provisions for Business (i) Similar use as the building Personal Property. described in the Declarations; or (d) The most we will pay for loss or damage under this Extension is (ii) Used as a warehouse. $500,000 at each premises. (c) The most we will pay for loss or (3) Business Income and Extra Expense damage under this Extension for Newly Acquired or You may extend the insurance that Constructed Buildings is applies to Business Income and $1,000,000 at each building. Extra Expense to apply to property at any location you acquire. The most (2) Business Personal Property we will pay for loss or damage (a) If your policy covers Business under this Extension is $250,000 at Personal Property, you may each premise. extend the insurance provided (4) Period of Coverage under Business Personal Property to apply to direct With respect to insurance provided physical loss or damage when under this Coverage Extension for such loss or damage is caused Newly Acquired or Constructed by a Covered Cause of Loss to: 391-1003 08 16 Includes copyrighted material of Insurance Services µ ILLi3RMwag'med])MsiuR ,\q REVIEWED & APPROVED SY.- Office, Inc., with its permi } P, °" `� --� Rusk Pjanagement Analyst Property, coverage will end when any of expense, caused by or resulting from the following first occurs: any of the following causes of loss: (a) This policy expires; (a) Fire; (b) 180 days after you acquire the (b) Lightning; property or begin construction of that (c) Explosion; part of the building that would qualify as Covered Property; or (d) Riot or civil commotion; (c) You report values to us. (e) Aircraft; We will charge you additional premium (f) Windstorm; or for values reported from the date you (g) Ice, snow, sleet and hail. acquire the property or begin construction of that part of the building (2) Coverage under this Extension does that would qualify as Covered Property. not apply to property held for sale by b. Personal Property Off Premises you. (3) Regardless of the number of (1) If your policy covers Business Personal described premises involved, the Property, you may extend the insurance most we will pay for loss or damage provided in SECTION I - PROPERTY, A. under this Extension, including Coverage, 1. Covered Property, b. debris removal expense, is $10,000, Business Personal Property to apply to but not more than $1,000 for any one direct physical loss or damage when tree, shrub or plant. such loss or damage is caused by a d. Personal Effects Covered Cause of Loss while: (a) At a location you do not own, (1) If your policy covers Business lease or operate; or Personal Property, you may extend the insurance provided in SECTION (b) At any fair, trade show or exhibition. I - PROPERTY, A. Coverage, 1. (2) The most we will pay for loss or damage Covered Property, b. Business under this Extension is $50,000 or the Personal Property to apply to direct amount shown in the Additional Property physical loss or damage to personal Coverage Schedule, whichever is effects owned by you, your officers, greater. your partners or "members", your (3) Special Personal Property Off Premises "managers" or your "employees" when such loss or damage is Exclusions caused by a Covered Cause of Loss. This extension does not apply to (2) This extension does not apply to: property: (a) In or on a vehicle; or (a) Tools or equipment used in your business; and (b) In the care, custody or control of (b) "Employees" tools and small your sales representative, unless the equipment; property is in such care, custody or control at a fair, trade show or (3) The most we will pay for loss or exhibition. damage under this Extension is c. Outdoor Property $10,000 at each described premises. e. Valuable Papers and Records (Other (1) You may extend insurance provided Than Electronic Data) by this Coverage Form to apply to direct physical loss or damage to your (1) If your policy covers Business radio and television antennas Personal Property, you may extend (including satellite dishes), trees, the insurance provided under shrubs, plants and lawns (other than SECTION I - PROPERTY, A. trees, shrubs or plants which are Coverage, 1. Covered Property, b. "stock" or are a part of a vegetated Business Personal Property to apply roof) including debris removal to direct physical loss or damage to "valuable papers and records" that you own, or that are in your care, custody or control caused by or resulting from a Covered Cause 391-1003 08 16 Includes copyrighted material of Insurance Services µ ILLi3RMmag'ah1ad DiAsiun Office, Inc., with its permis °x REVIEWED&APPROvmBY.- �,.. --� Risk Pjanagement Analyst Hanover Insurance Group- ODF D785344 5701644 of Loss. This Coverage Extension is caused by or results from a includes the cost to research, Covered Cause of Loss. We will replace or restore the lost pay: information on "valuable papers and (a) All amounts due from your records" for which duplicates do not customers that you are unable exist. to collect; (2) The most we will pay under this (b) Interest charges on any loan Coverage Extension for loss or required to offset amounts you damage to valuable papers and are unable to collect pending records" in any one occurrence at our payment of these amounts; the described premises is $25,000, unless a higher Limit of Insurance for (c) Collection expenses in excess "valuable papers and records" is of your normal collection shown in the Additional Property expenses that are made Coverage Schedule. necessary by loss or damage; and (3) The most we will pay under this Coverage Extension for loss or (d) Other reasonable expenses damage to "valuable papers and that you incur to re-establish records" in any one occurrence not your records of accounts at the described premises is $25,000, receivable; unless a higher Limit of Insurance for that result from direct physical loss "valuable papers and records" is or damage by any Covered Cause shown in the Additional Property of Loss to your records of accounts Coverage Schedule. receivable. (4) This Coverage Extension does not (2) We will pay under this Coverage apply to: Extension for loss or damage in (a) Property held as samples or for any one occurrence at the delivery after sale; or described premises. The most we (b) Property in storage away from will pay is $25,000 for accounts receivable at the described the premises shown in the premises, unless a higher Limit of Declarations; Insurance for accounts receivable (5) SECTION I - PROPERTY, B. is shown in the Additional Property Exclusions does not apply to this Coverage Schedule. Coverage Extension except for: (3) We will pay under this Coverage (a) Paragraph 1.c. Governmental Extension for loss or damage in Action; any one occurrence not at the (b) Paragraph 1.d. Nuclear Hazard; described premises. The most we will pay is $25,000 for accounts (c) Paragraph 11 War and Military receivable not at the described Action; premises. (d) Paragraph 2.d. Dishonesty; (4) SECTION I - PROPERTY, B. (e) Paragraph 2.e. False Pretense; Exclusions does not apply to this Coverage Extension except for: (f) Paragraph 2.k. Errors or Omissions; and (a) Paragraph 1.c. Governmental Action; (g) Paragraph 3.a. Weather Conditions, 3.b. Acts or Decisions (b) Paragraph 1.d. Nuclear Hazard; and 3.c. Negligent Work. (c) Paragraph 11 War and Military f. Accounts Receivable Action; (1) If your policy covers Business Personal Property, you may extend the insurance provided in SECTION - PROPERTY, A. Coverage, 1. Covered Property, b. Business Personal Property to accounts receivable when such loss or damage (d) Paragraph 2.d. Dishonesty; (e) Paragraph 2.e. False Pretense; and (f) Paragraph 3.a. Weather Conditions, 3.b. Acts or Decisions and 3.c. Negligent Work. (5) Accounts Receivable Special Exclusion We will not p Ride Managanad DiAsian JN391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissio } REVIEWED & APPROVED SY: ., . --� Rusk Pjanagement Analyst (a) Loss or damage caused by or resulting from alteration, falsification, concealment or destruction of records of accounts receivable done to conceal the wrongful giving, taking or withholding of "money", "securities" or "other property". This exclusion applies only to the extent of the wrongful giving, taking or withholding. (b) Loss or damage caused by or resulting from bookkeeping, accounting or billing errors or omissions. (c) Any loss or damage that requires any audit of records or any inventory computation to prove its factual existence. g. Key Replacement and Lock Repair (1) You may extend the insurance provided under this Coverage Form to cover the reasonable and necessary expense you incur due to a covered "theft" for: (a) Replacement of keys if they are stolen; (b) Lock repair; or (c) Rekeying, replacing or reprogramming undamaged locks to accept new keys or entry codes when the building security has been compromised. (2) The most we will pay under this Extension is $1,000. The deductible does not apply to this Extension. h. Appurtenant Structures (1) If your policy covers Buildings, you may extend the insurance provided under Building to apply to direct physical loss or damage to garages, carports, storage buildings and other appurtenant structures, including, but not limited to, swimming pools, spas and the associated equipment within 1,000 feet of the described premises when such loss or damage is caused by or results from a Covered Cause of Loss. (2) The most we will pay for loss or damage under this Extension is $50,000 at each described premises regardless of the number of buildings or structures affected. Personal Property in Transit (1) If your policy covers Business Personal Property, you may extend the insurance provided in SECTION I - PROPERTY, A. Coverage, 1. Covered Property, b. Business Personal Property to apply to direct physical loss or damage to your property or property of others that is in your care, custody or control while "in transit" when such loss or damage is caused by or results from a Covered Cause of Loss. (2) You may extend the insurance that applies to SECTION I - PROPERTY, A. Coverage, 1. Covered Property, b. Business Personal Property to apply to direct physical loss or damage, caused by a Coverage Cause of Loss, to outgoing shipments that have been rejected, while in due course of transit back to you or while awaiting return shipment to you. (3) This Extension applies to the property while in: (a) A vehicle owned, leased or operated by you; or (b) The custody of a common carrier or contract carrier. (4) The following in SECTION I - PROPERTY, B. Exclusions, paragraph 1. do not apply to this Extension: (a) b. Earth Movement; and (b) g. Water. (5) The most we will pay for loss or damage under this Coverage Extension is $10,000 unless a higher Limit of Insurance is shown in the Schedule of Amended Limits of Insurance. (6) Special Personal Property In Transit Exclusions This Extension does not apply to: (a) Shipments that belong to others that you are transporting for a fee; (b) Property while waterborne; (c) Salesperson's Samples; or (d) Loss to "perishable goods" resulting from a breakdown of refrigeration equipment on any vehicle owned, leased or operated by you or while in the c contr 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissi ew cF IZi ]VwagzmedDiAsian Jy/,'q REVIEWED & APPROVED BY.- V"° --� Risk janagement Analyst Hanover Insurance Group- ODF D785344 5701644 j. Inventory and Loss Appraisal described in the Declarations or within (1) We will pay for all reasonable 1,000 feet of the described premises, expenses you incur at our written whichever distance is greater when request to assist us in: such loss or damage is caused by or (a) The investigation of a claim; results from a Covered Cause of Loss. (b) The determination of the amount (2) We will not pay for loss of or damage of loss, such as taking inventory; to Business Personal Property temporarily in portable storage units, (c) The cost of preparing specific caused by or resulting from rain, loss documents and other snow, sleet, ice, sand or dust, whether supporting exhibits; or driven by wind or not, unless: (d) Expenses you incur include (a) The portable storage unit first costs charged to you by others, sustains damage by a Covered including property managers, Cause of Loss to its roof or walls acting on your behalf to assist through which the rain, snow, us with items listed in paragraph sleet, ice, sand or dust enters; or (1) above. (b) The loss or damage is caused by (2) Regardless of the number of or results from thawing of snow, premises involved, the most we will sleet or ice on the building or pay under this Extension is $10,000. structure. (3) The deductible does not apply to (3) Coverage under this Extension: these expenses. (a) Will end 90 days after the (4) Special Inventory and Loss Business Personal Property has Appraisal Exclusion been placed in the storage unit; We will not pay for expenses: (b) Does not apply if the storage unit (a) Incurred to perform your duties itself has been in use at the in the event of a loss under described premises for more than SECTION I - PROPERTY, E. 90 consecutive days, even if the Property Loss Conditions; Business Personal Property has (b) To prove that loss or damage is been stored there for 90 or fewer days as of the time of loss or covered; damage. (c) Billed by and payable to (4) Under this Extension, the most we will independent or public adjusters; pay for the total of all loss or damage attorneys; claims advocates; or to Business Personal Property is any of their affiliated or $25,000 unless a higher limit is shown associated entities; in the Additional Property Coverage (d) To prepare claims not covered Schedule for this Extension regardless by this Coverage Form; or of the number of storage units. (e) Incurred under any appraisal (5) This Extension does not apply to loss provisions within the Coverage or damage otherwise covered under Form. this Coverage Form or any k. Business Personal Property Temporarily endorsement to this Coverage Form, in Portable Storage Units and does not apply to loss or damage to the storage unit itself. (1) If your policy covers Business I. Paved Surfaces Personal Property, you may extend the insurance provided in SECTION 1 (1) If your policy covers Buildings, you PROPERTY, A. Coverage, 1. may extend the insurance provided Covered Property, b. Business under SECTION I - PROPERTY, A. Personal Property to apply to direct Coverage, 1. Covered Property, a. physical loss or damage to such Building to apply to direct physical property while temporarily stored in loss or damage to your paved a portable storage unit (including a surfaces, including but not limited to detached trailer) located within 1,000 bridges, roadways, walks, patios, and feet of the buildings or structures parking lots when such loss or µ ILLi3RMmag'ah1ad])MsiuR REVIEWED & APPROVED BY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its perm , --� Wsk hrPanagement Analyst damage is caused by or results from (b) The increased costs incurred to a Covered Cause of Loss. comply with an ordinance or law in (2) Regardless of the number of the course of construction, repair, described premises involved, the renovation, remodeling or demolition of property or removal of most we will pay for loss or damage in any one occurrence is $25,000. its debris, following a physical loss to that property. (3) Payment for loss or damage to this property is included in the applicable This exclusion does not apply to the Limit of Insurance. Ordinance or Law Additional Coverage. (4) Special Paved Surfaces Exclusion b. Earth Movement We will not pay for loss or damage (1) Earthquake, including tremors and caused by tree roots, freezing or aftershocks and any earth sinking, thawing. rising or shifting related to such event; m. Underground Pipes (2) Landslide, including any earth sinking, rising or shifting related to such event; (1) If your policy covers Buildings, you may extend the insurance provided (3) Mine subsidence, meaning subsidence in SECTION I - PROPERTY, A. of a man-made mine, whether or not Coverage, 1. Covered Property, a. mining activity has ceased; Building to apply to direct physical (4) Earth sinking (other than sinkhole loss or damage to underground collapse), rising or shifting including pipes, flues and drains when such soil conditions which cause settling, loss or damage is caused by or cracking or other disarrangement of results from a Covered Cause of foundations or other parts of realty. Soil Loss. conditions include contraction, (2) The most we will pay for loss under expansion, freezing, thawing, erosion, this Coverage Extension is the improperly compacted soil and the applicable Limit of Insurance. action of water under the ground surface. (3) Payment under this Additional Coverage is included within the Limit But if Earth Movement, as described in of Insurance. paragraphs (1), (2), (3) and (4) above, results in fire or explosion, we will pay (4) Special Underground Pipes Exclusion for the loss or damage caused by that We will not pay for loss or damage fire or explosion. caused by tree roots. (5) Volcanic eruption, explosion or effusion. B. Exclusions But if volcanic eruption, explosion or 1. We will not pay for loss or damage caused effusion results in fire, building glass breakage or volcanic action, we will pay directly or indirectly by any of the following. for the loss or damage caused by that Such loss or damage is excluded regardless fire, building glass breakage or volcanic of any other cause or event that contributes action. concurrently or in any sequence to the loss. a. Ordinance or Law Volcanic action means direct loss or damage resulting from the eruption of a (1) The enforcement of or compliance volcano when the loss or damage is with any ordinance or law: caused by: (a) Regulating the construction, use (a) Airborne volcanic blast or airborne or repair of any property; or shock waves; (b) Requiring the tearing down of (b) Ash, dust or particulate matter; or any property, including the cost (c) Lava flow. of removing its debris. (2) This exclusion, Ordinance or Law, With respect to coverage for volcanic applies whether the loss results action as set forth In paragraph (5), from: subparagraphs (a), (b) and (c) above, (a) An ordinance or law that is all volcanic eruptions that occur within enforced even if the property has not been damaged; or µ ILLi3RMwag'med DiAsiun F,'q REVIEWED & APPROVED SY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Jy/ Office, Inc., with its per, --� Wsk K4anagement Analyst Hanover Insurance Group- ODF D785344 5701644 any 168-hour period will constitute a of Loss, we will pay for the loss or single occurrence. damage caused by that Covered Cause of Volcanic action does not include the Loss. cost to remove ash, dust or Communication services include but are particulate matter that does not not limited to service relating to Internet cause direct physical loss of or access or access to any electronic, damage to Covered Property. cellular or satellite network. This exclusion applies regardless of This exclusion does not apply to loss or whether or not any of the above, in damage to "computer equipment" and SECTION I - PROPERTY, B. Exclusions, "electronic data" or to SECTION I - paragraph 1., b Earth Movement, PROPERTY, 5. Additional Coverages, bb. subparagraphs(1), (2), (3), (4) and (5), are Utility Services. caused by an act of nature or is otherwise caused. f. War and Military Action c. Governmental Action (1) War, including undeclared or civil war; Seizure or destruction of property by (2) Warlike action by a military force, order of governmental authority. including action in hindering or defending against an actual or But we will pay for loss or damage expected attack, by any government, caused by or resulting from acts of sovereign or other authority using destruction ordered by governmental military personnel or other agents; or authority and taken at the time of a fire to prevent its spread, if the fire would be (3) Insurrection, rebellion, revolution, covered under this Coverage Form. usurped power, or action taken by governmental authority in hindering or d. Nuclear Hazard defending against any of these. Nuclear reaction or radiation, or g. Water radioactive contamination, however caused. (1) "Flood", surface water, waves (including tidal wave or tsunami), But if nuclear reaction or radiation, or tides, tidal water, overflow of any radioactive contamination, results in fire, body of water, or spray from any of we will pay for the loss or damage these, all whether or not driven by caused by that fire. wind (including storm surge); e. Utility Services (2) Mudslide or mudflow; The failure of power, communication, (3) Water that backs up or overflows or is water or other utility service supplied to otherwise discharged from a sewer, the described premises, however caused, drain, sump, sump pump; or related if the failure: equipment; (1) Originates away from the described (4) Water under the ground surface premises; or pressing on, or flowing or seeping (2) Originates at the described premises, through: but only if such failure involves (a) Foundations, walls, floors or equipment used to supply the utility paved surfaces; services to the described premises from a source away from the (b) Basements, whether paved or not; described premises. or Failure of any utility service includes lack of sufficient capacity and reduction in supply. Loss or damage caused by a surge of power is also excluded, if the surge would not have occurred but for an event causing a failure of power. But if the failure or surge of power, or the failure of communication, water or other utility service, results in a Covered Cause (c) Doors, windows or other openings. (5) Waterborne material carried or otherwise moved by any of the water referred to in paragraphs (1), (3) or (4) above, or material carried or otherwise moved by mudslide or mudflow. This exclusion applies regardless of whether any of paragraphs (1), (2), (3), (4) and (4bove, are caused by an act of nature or is otherwise caused. An example ew cF IZAMwagzmen ])Msian Jy/ \'x REVIEWED & APPROVED SY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permi , --� Risk K4anagement Analyst of a situation to which this exclusion applies is the situation where a dam, levee, seawall or other boundary or containment system fails in whole or in part, for any reason, to contain the water. But if Water, as described in paragraphs (1), (2), (3), (4) and (5) above, results in fire, explosion or sprinkler leakage, we will pay for the loss or damage caused by that fire, explosion or sprinkler leakage. If electrical "covered equipment" requires drying out because of paragraphs (1), (2), (3), (4) and (5) above, we will pay for the direct expenses of such drying out subject to the applicable Limit of Insurance and Deductible for Building or Personal Property, whichever applies. h. Fungi, Wet Rot or Dry Rot Presence, growth, proliferation, spread or any activity of "fungi", wet rot or dry rot. But if "fungi", wet rot or dry rot results in any of the "specified causes of loss", we will pay for the loss or damage caused by any of the "specified causes of loss". This exclusion does not apply: (1) When "fungi", wet rot or dry rot results from fire or lightning; or (2) To the extent that coverage is provided in the SECTION I - PROPERTY, A. Coverage, 5. Additional Coverage, ff. Limited Coverage for Fungi, Wet Rot or Dry Rot, with respect to loss or damage by a cause of loss other than fire or lightning. i. Virus or Bacteria (1) Any virus, bacterium or other microorganism that induces or is capable of inducing physical distress, illness or disease. (2) However, the exclusion in paragraph (1) above, does not apply to loss or damage caused by or resulting from "fungi", wet rot or dry rot. Such loss or damage is addressed in SECTION - PROPERTY, B. Exclusions, paragraph 1., h. Fungi, Wet Rot or Dry Rot. (3) With respect to any loss or damage subject to the exclusion in paragraph (1) above, such exclusion supersedes any exclusion relating to "pollutants". SECTION I - PROPERTY, B. Exclusions, paragraphs 1.a., 1.b., 1.c., 1.d., 1.e., 1.f., 1.g., 1.h. and 1.i. apply whether or not the loss event results in widespread damage or affects a substantial area. 2. We will not pay for loss or damage caused by or resulting from any of the following: a. Consequential Losses Delay, loss of use or loss of market, however caused. b. Smoke, Vapor and Gas Smoke, vapor or gas from agricultural smudging or industrial operations. c. Frozen Plumbing Water, other liquids, powder or molten material that leaks or flows from plumbing, heating, air conditioning or other equipment (except fire protective systems) caused by or resulting from freezing, unless: (1) You do your best to maintain heat in the building or structure; or (2) You drain the equipment and shut off the supply if the heat is not maintained. d. Dishonesty Dishonest or criminal act by you, any of your partners, "members", officers, managers, employees, directors, trustees, authorized representatives or anyone to whom you entrust the property for any purpose: (1) Acting alone or in collusion with others; or (2) Whether or not occurring during the hours of employment. This exclusion does not apply to acts of destruction by your employees; but "theft" by employees is not covered. This exclusion does not apply to coverage that is provided under the Employee Theft Including ERISA Additional Coverage. e. False Pretense Voluntary parting with any property by you or anyone else to whom you have sold, given or otherwise entrusted the property if induced to do so by any fraudulent scheme, trick, device or false pretense. This exclusion does not apply to the Unauthorized Business Card Use Additional Coverage. f. Exposed Property Rain, snow, ice or sleet to personal property in the open. g. Collapse RideMmaganadDiAsian JN 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its perm i REVIEWED&APPROVEDSY: ., , ° , `� --� Rusk Pjanagement Analyst (1) Collapse, including any of the following conditions of property or any part of the property: (a) An abrupt falling down or caving in; (b) Loss of structural integrity, including separation of parts of the property or property in danger of falling down or caving in; or (c) Any cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion as such condition relates to paragraphs (a) or (b) above. But if collapse results in a Covered Cause of Loss at the described premises, we will pay for the loss or damage caused by that Covered Cause of Loss. (2) This Exclusion g. does not apply: (a) To the extent that coverage is provided under SECTION I - PROPERTY, A. Coverage, 5. Additional Coverages, d. Collapse; or (b) To collapse caused by one or more of the following: (i) Any of the "specified causes of loss" (ii) Breakage of building glass; (iii) Weight of rain that collects on a roof; or (iv) Weight of people or personal property h. Pollution Discharge, dispersal, seepage, migration, release or escape of "pollutants" unless the discharge, dispersal, seepage, migration, release or escape is itself caused by any of the "specified causes of loss". But if the discharge, dispersal, seepage, migration, release or escape of "pollutants" results in any of the "specified causes of loss", we will pay for the loss or damage caused by any of the "specified causes of loss". Neglect Neglect of an insured to use all reasonable means to save and preserve property from further damage at and after the time of loss. J. Other Types of Loss (1) Wear and tear; Hanover Insurance Group- ODF D785344 5701644 (2) Rust or other corrosion, decay, deterioration, hidden or latent defect or any quality in property that causes it to damage or destroy itself; (3) Smog; (4) Settling, cracking, shrinking or expansion; (5) Nesting or infestation, or discharge or release of waste products or secretions, by insects, birds, rodents or other animals; or (6) Mechanical breakdown, including rupture or bursting caused by centrifugal force. This exclusion does not apply with respect to the breakdown of "computer equipment". This exclusion does not apply to the Equipment Breakdown Additional Coverage. (7) The following causes of loss to personal property: (a) Dampness or dryness of the atmosphere; (b) Changes in or extremes of temperature; or (c) Marring or scratching. But if an excluded cause of loss that is listed in paragraphs (1), (2), (3), (4), (5), (6) and (7) above, results in any of the "specified causes of loss", "accident", "electronic circuity impairment" or building glass breakage, we will pay for the loss or damage caused by any of the "specified causes of loss", "accident", "electronic circuity impairment" or building glass breakage. k. Errors or Omissions Errors or omissions in: (1) Programming, processing or storing "electronic data" or in any "computer equipment" operations; or (2) Processing or copying "valuable papers and records". However, we will pay for direct physical loss or damage caused by resulting fire, "accident", "electronic circuity impairment" or explosion if these causes of loss would be covered by this Coverage Form. Installation, Testing, Repair Errors or deficiency in design, installation, testing, maintenance, modification or RideMmaganadDiAsian JN 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its perm REVIEWED&APPROvmSY: �" Z ° --� Rusk Management Analyst repair of your "computer equipment" system including "software". However, we will pay for direct physical loss or damage caused by resulting fire or explosion if these causes of loss would be covered by this Coverage Form. m. Electrical Disturbance Electrical or magnetic injury, disturbance or erasure of "electronic data", except as provided for in SECTION I - PROPERTY, A. Coverage, 5. Additional Coverages, and 6. Coverage Extensions. However, we will pay for direct loss or damage caused by lightning. n. Artificially Generated Electricity Artificially generated electric current including electric arcing, that disturbs electrical devices, appliances or wires except as provided for in SECTION I - PROPERTY, A. Coverage, 5. Additional Coverages, u. - Equipment Breakdown. But, if artificially generated electric current results in fire, we will pay for the loss or damage caused by fire. o. Computer Processing Exclusion (1) Errors or omissions in programming or incorrect instructions to "hardware"; (2) Electrical or magnetic damage, disturbance of recordings or erasure of electronic recordings, except as provided under SECTION I - PROPERTY, A. Coverage, 5. Additional Coverages, u. Equipment Breakdown. We will also pay for direct loss caused by lightning; (3) Mechanical breakdown or malfunction, component failure, faulty installation or blowouts; except as provided for under SECTION I - PROPERTY, A. Coverage, 5. Additional Coverages, u. Equipment Breakdown; or (4) Faulty instruction or incorrect usage, including changes in arrangements or parts. p. Loss of Warranty Loss of warranty or similar future or potential benefit even when following a covered loss or covered damage. (1) Loss of this type does not meet direct physical loss or damage. (2) We agree that reasonable repair or reconditioning measures be pursued to ensure soundness of property after loss or damage: (a) Where proper and adequate report or reconditioning method is debated, you and we agree to follow the usual and customary industry repair and reconditioning practices; or (b) For situations not resolved by paragraph (a) above, either party may demand that the matter be resolved through Appraisal as provided for elsewhere in the Coverage Form. q. Continuous or Repeated Seepage or Leakage of Water Continuous or repeated seepage or leakage of water, or the presence or condensation of humidity, moisture or vapor, that occurs over a period of 14 days or more. r. Authorized Access Loss resulting from a fraudulent: (1) Entry of "electronic data" or "computer program" into; or (2) Change of "electronic data" or "computer program" within; any "computer equipment" owned, leased or operated by you by a person or organization with authorized access to that "computer equipment", except when covered under SECTION I - PROPERTY, A. Coverage, 5. Additional Coverages, hh. Computer and Funds Transfer Fraud, paragraph b.. s. Fraudulent Instructions Loss resulting from an "employee" or "financial institution" acting upon any instruction to: (1) Transfer, pay or deliver "money", "securities" or "other property"; or (2) Debit or delete your account; which instruction proves to be fraudulent, except when covered under SECTION I - PROPERTY, A. Coverage, 5. Additional Coverages, hh. Computer and Funds Transfer Fraud, paragraphs a.(2) and b.. 3. We will not pay for loss or damage caused by or resulting from paragraphs a., b. and c. below. But if an excluded cause of loss that is listed in paragraphs a., b. and c. below, results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. a. Weather Conditions 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissi cF Risk Mwag merdDiAsian 1'x REVIEWED & APPROVED SY.- V"° --� RFsk janagement Analyst But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in SECTION I - PROPERTY, B. Exclusions, paragraph 1. to produce the loss or damage. b. Acts or Decisions Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. c. Negligent Work Faulty, inadequate or defective: (1) Planning, zoning, development, surveying, siting; (2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; (3) Materials used in repair, construction, renovation or remodeling; or (4) Maintenance; of part or all of any property on or off the described premises. 4. Additional Exclusion The following applies only to the property specified in this Additional Exclusion: Loss or Damage to Products We will not pay for loss or damage to any merchandise, goods or other product caused by or resulting from error or omission by any person or entity (including those having possession under an arrangement where work or a portion of the work is outsourced) in any stage of the development, production or use of the product, including planning, testing, processing, packaging, installation, maintenance or repair. This exclusion applies to any effect that compromises the form, substance or quality of the product. But if such error or omission results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. 5. Business Income and Extra Expense Exclusions We will not pay for: a. Any Extra Expense or increase of Business Income loss caused by or resulting from: (1) Delay in rebuilding, repairing or replacing the property or resuming "operations", due to interference at the location of the rebuilding, repair or replacement by strikers or other persons; Hanover Insurance Group- ODF D785344 5701644 (2) "Suspension", lapse or cancellation of any license, lease or contract. But if the "suspension", lapse or cancellation is directly caused by the "suspension" of "operations", we will cover such loss that affects your Business Income during the "period of restoration" in accordance with the terms of SECTION I - PROPERTY, A. Coverage, 5. Additional Coverages, f. Business Income, (2) Extended Business Income. (3) Damage or destruction of "finished stock"; the time required to reproduce "finished stock"; or (4) Any other consequential loss. Paragraph 5.a.(3) does not apply to Extra Expense. C. Limits of Insurance 1. The most we will pay for loss or damage in any one occurrence is the applicable Limits of Insurance of SECTION I - PROPERTY shown in the Declarations. 2. The amounts of insurance applicable to the Coverage Extensions and the following Additional Coverages apply in accordance with the terms of such coverages and are in addition to SECTION I - PROPERTY, C. Limits of Insurance: a. Fire Department Service Charge; b. Pollutant Clean -Up and Removal; c. Civil Authority; d. Money Orders and Counterfeit Money; e. Forgery or Alteration; f. Ordinance or Law; g. Business Income from Dependent Properties; h. Glass Expenses; i. Fire Protection Equipment Recharge j. Employee Theft; k. Rewards - Arson and Theft; I. Computer Equipment; m. Tenant Signs (Tenants Only); n. Commercial Tools and Small Equipment; o. Installation; p. Fine Arts; q. Sales Representative Samples; r. Leasehold Interest (Tenants Only); s. Unauthorized Business Credit Card Use; t. Deferred Payme cF IZAMmaganad ?iAsian REVIEWED & APPROVED SY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permiss --� Risk hrPanagement Analyst u. Money and Securities; v. Electronic Vandalism; w. Interruption of Computer Operations; x. Theft of Telephonic Services; y. Computer and Funds Transfer Fraud; z. Tenant Building Insurance - When Your Lease Requires You to Provide Insurance; or aa. Tenant Business Personal Property Insurance - When Your Lease Requires You to Provide Insurance. 3. Building Limit - Increase If Covered Property is written on a Replacement Cost basis: a. The Limit of Insurance for Buildings will be revised by changes that occurred in the cost of construction during the the Limit of Insurance for the building. 4. Business Personal Property Limit - Seasonal Increase a. The Limit of Insurance for Business Personal Property will increase by 25% to provide for seasonal variations. b. This increase will apply only if the Limit of Insurance shown for Business Personal Property in the Declarations is at least 100% of your average monthly values during the lesser of: (1) The 12 months immediately preceding the date the loss or damage occurs; or (2) The period of time you have been in business as of the date the loss or damage occurs. preceding policy year. D. Deductibles b. The amount of increase will be 1. We will not pay for loss or damage in any determined by reports of a recognized one occurrence until the amount of loss or valuation method. damage exceeds the Deductible shown in c. We will inform you of such adjusted the Declarations. We will then pay the values. Upon their acceptance, you amount of loss or damage in excess of the agree to pay any additional premium for Deductible up to the applicable limit in the adjusted limit. Payment of your SECTION I - PROPERTY, C. Limit of renewal premium, which includes the Insurance. revised Limit of Insurance, shall 2. No Deductible applies to the following constitute acceptance. Additional Property Coverages and d. We will pay the replacement cost value Extensions of Coverage: of the damaged portion of the building a. Fire Department Service Charge; at the time of loss, but not more than 125% of the Limit of Insurance for b. Fire Protection Equipment Recharge; Building if: c. Business Income; (1) The amount of any loss covered by d. Extra Expense; this Coverage Form exceeds the e. Civil Authority; Limit of Insurance for Building stated in the Declarations for the f. Key Replacement and Lock Repair; damaged Building; and g. Deferred Payment; (2) The actual repair or replacement is h. Debris Removal; completed within one year of the date of loss. i. Rewards -Arson, Theft and Vandalism; e. The Building Limit - Increase clause will j• ERISA Compliance; not apply if: k. Preservation of Property; (1) You do not accept the adjusted I. Pollutant Clean -Up and Removal; value; or m. Ordinance or Law; (2) You do not inform us of changes to n. Leasehold Interest (Tenants Only); covered Building: (a) Within sixty (60) days of the date o. Unauthorized Business Credit Card Use; any additions, improvements or enlargements to the building are p. Business Income from Dependent begun, and Properties; and (b) When the replacement value of q. Inventory and Loss Appraisal. the changes are more than 5%of 3. A $250 Deductible applies to the following Coverages: a. Glass - Interior and Exterior; and y µ ILLi3RMwag'med DiAsiun `_ REVIEWED & APPROVED SY: 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permis }� �,.. --� Wsk K4anagement Analyst Hanover Insurance Group- ODF D785344 5701644 b. Glass Expenses. 3. Duties in the Event of Loss or Damage 4. A $500 Deductible applies to all of the a. You must see that the following are done in Additional Property Coverages and the event of loss or damage to Covered Extensions of Coverage scheduled on the Property: Declarations, except Equipment (1) Notify the police if a law may have been Breakdown, unless otherwise indicated in broken. paragraphs 2., 3. or 5. of this section. (2) Give us prompt notice of the loss or 5. A $1,000 Deductible applies to the damage. Include a description of the following Additional Property Coverages property involved. and Extensions of Coverage: (3) As soon as possible, give us a a. Employee Theft (except ERISA description of how, when and where the Compliance); loss or damage occurred. b. Sales Representative Samples; (4) Take all reasonable steps to protect the c. Installation; Covered Property from further damage, and keep a record of your expenses d. Personal Property Off Premises; necessary to protect the Covered e. Personal Property In Transit. Property, for consideration in the 6. The Deductible shown in the Declarations settlement of the claim. This will not increase SECTION I - PROPERTY, C. for the Equipment Breakdown Additional Limits of Insurance. However, we will not Coverage applies to the Additional pay for any subsequent loss or damage Coverage for Equipment Breakdown. resulting from a cause of loss that is not 7. Each Deductible shall be applied a Covered Cause of Loss. Also, if separately, but only to the coverage feasible, set the damaged property aside specified. The total Deductible for all and in the best possible order for losses in one occurrence will be the examination. highest Deductible amount that applies to (5) At our request, give us complete that occurrence. inventories of the damaged and 8. The Business Income Waiting Period undamaged property. Include quantities, shown on the Declarations Page for the costs, values and amount of loss Business Income and Civil Authority claimed. Additional Coverages is applicable in (6) As often as may be reasonably required, addition to a Deductible. permit us to inspect the property proving E. Property Loss Conditions the loss or damage and examine your 1. Abandonment books and records. There can be no abandonment of any Also permit us to take samples of property to us. damaged and undamaged property for inspection, testing and analysis, and 2. Appraisal pp permit us to make copies from your If you and we disagree on the amount of a books and records. covered loss, either may make written (7) Send us a signed, sworn proof of loss demand for an appraisal of the loss. In containing the information we request to this event, each party will select a investigate the claim. You must do this competent and impartial appraiser. The within 60 days after our request. We will two appraisers will select an umpire. If supply you with the necessary forms. they cannot agree, either may request that selection be made by a judge of a court (8) Cooperate with us in the investigation or having jurisdiction. The appraisers will settlement of the claim. state separately the amount of loss. If they (9) Resume all or part of your "operations" fail to agree, they will submit their as quickly as possible. differences to the umpire. A decision agreed to by any two will be binding. Each b• We ma examine any insured under party will: oath, whi e not in the presence a. Pay its chosen appraiser; and of any other insured and at such times as may be reasonably b. Bear the other expenses of the required, about any matter appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. ew cF IZAMwagzmen ])Msian Jy/ \'x REVIEWED & APPROVED SY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permi --� Risk K4anagement Analyst relating to this insurance or the claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed. 4. Legal Action Against Us No one may bring a legal action against us under this insurance unless: a. There has been full compliance with all of the terms of this insurance; and b. The action is brought within 2 years after the date on which the direct physical loss or damage occurred. The 2 year limitation also applies to indirect or consequential loss covered under this Coverage Form. 5. Loss Payment In the event of loss or damage covered by this Coverage Form: a. At our option, we will either: (1) Pay the value of lost or damaged property; (2) Pay the cost of repairing or replacing the lost or damaged property; (3) Take all or any part of the property at an agreed or appraised value; or (4) Repair, rebuild or replace the property with other property of like kind and quality, subject to paragraph d., subparagraph (1)(d) below. b. We will give notice of our intentions within 30 days after we receive the sworn proof of loss. c. We will not pay you more than your financial interest in the Covered Property. d. We will determine the value of Covered Property as follows: (1) At replacement cost without deduction for depreciation except as provided in paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15) and (16) below. (a) You may make a claim for loss or damage covered by this insurance on an actual cash value basis instead of a replacement cost basis. In the event you elect to have loss or damage settled on an actual cash value basis, you may still make a claim on a replacement cost basis if you notify us of your intent to do so within 180 days after the loss or damage. (b) We will not pay on a replacement cost basis for any loss or damage: (i) Until the loss or damaged property is actually repaired or replaced; (ii) Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage; and (iii) Unless the repairs or replacement are completed within 24 months for personal property or for buildings and other real property after the loss or damage, unless extended in writing by us. However, if the cost to repair or replace a damaged building is $2,500 or less we will determine the value at replacement cost without deduction for depreciation. (c) We will not pay more for loss or damage on a replacement cost basis than the least of the following amounts: (i) The cost to replace, on the same premises, the lost or damaged property with other property: 1) Of comparable material and quality; and 2) Used for the same purpose; or The amount that you actually spend that is necessary to repair or replace the lost or damaged property. If a building is rebuilt at a new location, the recoverable amount is limited to the cost which would have been incurred had the building been built at the original premises. (d) The cost to repair, rebuild or replace does not include the increased cost attributable to enforcement of any ordinance or law regulating the construction, use or repair of any property. (2) If the Declarations indicate the Actual Cash Value applies to Building or Personal Property, paragraph (1) above does not apply to that property. Instead, we will determine the value of that property at the actual cash value. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission cF Risk Mwag merdDiAsian REVIEWED & APPROVED BY.- "Alv --� RFsk janagement Analyst (3) The following property at actual cash value: (a) Used or second-hand merchandise held in storage or for sale; (b) Property of others. However, if an item(s) of personal property of others is subject to a written contract which governs your liability for loss or damage to that item(s), then valuation of that item(s) will be based on the amount for which you are liable under such contract, but not to exceed the lesser of the replacement cost of the property or the applicable Limit of Insurance; (c) Household contents, except personal property in apartments or rooms furnished by you as landlord; (d) Manuscripts; (e) Works of art, "antiques" or rare articles, including but not limited to, etchings, pictures, statuary, marbles, bronzes, porcelains, glassware and bric-a-brac not otherwise covered in SECTION I - PROPERTY, A. Coverage, 5. Additional Coverage, x. Fine Arts; or (f) Commercial Tools and Small Equipment and Contractors Tools and Equipment. This does not apply to your Commercial Tools and Small Equipment permanently installed or exclusively used at the described premises. (4) Glass at the cost of replacement with safety glazing material if required by law. (5) Tenant's Improvements and Betterments at: (a) Replacement cost if you make repairs promptly. (b) A proportion of your original cost if you, as the tenant, do not make repairs promptly. We will determine the proportionate value as follows: (i) Multiply the original cost by the number of days from the loss or damage to the expiration of the lease; and Hanover Insurance Group- ODF D785344 5701644 (ii) Divide the amount determined in paragraph (i) above by the number of days from the installation of improvements to the expiration of the lease. If your lease contains a renewal option, the expiration of the renewal option period will replace the expiration of the lease in this procedure. (c) Nothing if others pay for repairs or replacement. (6) "Valuable papers and records" at the cost of restoration or replacement, including the cost of data entry, re -programming, computer consultation services and the "media" on which the data or programs reside. To the extent that the contents of the "valuable papers and records" are not restored, the "valuable papers and records" will be valued at the cost of replacement with blank materials of substantially identical type. (7) "Money" at its face value; and (8) "Securities" at their value at the close of business on the day the loss is "discovered". (9) Accounts Receivable: (a) If you cannot accurately establish the amount of accounts receivable outstanding as of the time of loss or damage: (i) We will determine the total of the average monthly amounts of accounts receivable for the 12 months immediately preceding the month in which the loss or damage occurs; and (ii) We will adjust that total for any normal fluctuations in the amount of accounts receivable for the month in which the loss or damage occurred or for any demonstrated variance from the average for that month. (b) The following will be deducted from the total amount of accounts receivable, regardless of how that amount is established: (i) The amount of the accounts for which there is no loss or damaae: 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permi cF Risk Mwag merd]) isian 1'x REVIEWED & APPROVED SY.- V"° --� RFsk janagement Analyst (ii) The amount of the g. We will pay for covered loss or damage accounts that you are able within 30 days after we receive a to re-establish or collect; properly completed sworn proof of loss, iii An amount to allow for ( ) provided you have complied with all of probable bad debts that the terms of this Coverage Form, and you are normally unable to (1) We have reached agreement with collect; and you on the amount of loss; or (iv) All unearned interest and (2) An appraisal award has been made. service charges. h. In settling covered losses involving a (10)"Stock" you have sold but not party wall, we will pay a proportion of delivered at the selling price less the loss, to the party wall based on your discounts and expenses you interest in the wall in proportion to the otherwise would have had. interest of the owner of the adjoining (11)"Finished stock" you manufactured building. A party wall is a wall that at selling price less discounts and separates and is common to adjoining expenses you otherwise would buildings that are owned by different parties. However, if you elect to repair or have had. replace your building and the owner of (12)Personal Property in Transit (other the adjoining building elects not to repair than "stock" you have sold) at the or replace that building, we will pay you amount of invoice, including your the full value of the loss to the party prepaid or advanced freight wall, subject to all applicable policy charges and other charges which provisions including Limits of Insurance, may have accrued or become the Valuation and all other provisions of legally due since the shipment. If this Loss Payment Condition. Our you have no invoice, actual cash payment under the provisions of this value will apply. paragraph does not alter any right of (13) Precious metals, such as gold, subrogation we may have against any silver and platinum, at the entity, Including the owner or Insurer of average market cost of the adjoining building, and does not alter replacements on the date of loss, the terms of SECTION III - COMMON or the actual cost of the POLICY CONDITIONS, K. Transfer of replacement, if less. Rights of Recovery Against Others to Us (14)"Fine Arts" in this policy. We will pay the lesser of: 6. Recovered Property (a) The market value at the time If either you or we recover any property after loss settlement, that party must give the of loss or damage; other prompt notice. At your option, you may (b) The reasonable cost of repair retain the property. But then you must return or restoration to the condition to us the amount we paid to you for the immediately before the property. We will pay recovery expenses and covered loss or damage; or the expenses to repair the recovered (c) The cost of replacement with property, subject to SECTION I - PROPERTY, substantially identical C the Limits of Insurance. property. 7. Vacancy e. Our payment for loss of or damage to a. Description of Terms personal property of others will only (1) As used in this Vacancy Condition, be for the account of the owners of the term building and the term the property. We may adjust losses vacant have the meanings set forth with the owners of lost or damaged in paragraphs (a) and (b) below: property if other than you. If we pay the owners, such payments will satisfy (a) When this policy is issued to a your claims against us for the owners' tenant, and with respect to that property. We will not pay the owners tenant's interest in Covered more than their financial interest in Property, building means the the Covered Property. unit or suite rented or leased to f. We may elect to defend you against the tenant. Such leased space is suits arising from claims of owners of vacant when it does not contain property. We will do this at our expense. ILL�y µ i3RMmag'ah1ad DiAsiun REVIEWED & APPROVED BY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissi . , --� Risk hrPanagement Analyst Hanover Insurance Group- ODF D785344 5701644 enough business personal (c) Covered Property consisting of several property to conduct customary parts when complete, we will only pay for "operations". the value of the lost or damaged part. (b) When this policy is issued to F. Property General Conditions the owner or general lessee of 1. Control of Property a building, building means the entire building. Such building is Any act or neglect of any person other than vacant unless at least 31% of you beyond your direction or control will not its total square footage is: affect this insurance. (i) Rented to a lessee or The breach of any condition of this Coverage sub -lessee and used by the Form at any one or more locations will not lessee or sub -lessee to affect coverage at any location where, at the conduct its customary time of loss or damage, the breach of operations; and/or condition does not exist. (ii) Used by the building owner 2. Mortgageholders to conduct customary a. The term mortgageholder includes operation. trustee. (2) Buildings under construction or b. We will pay for covered loss of or renovation are not considered damage to buildings or structures to vacant when customary operations each mortgageholder shown in the cannot be conducted as a direct Declarations In their order of precedence, result of the construction or as interests may appear. renovation. c. The mortgageholder has the right to b. Vacancy Provisions receive loss payment even if the If the building or leased space where mortgageholder has started foreclosure loss or damage occurs has been or similar action on the building or vacant for more than 60 consecutive structure. days before that loss or damage d. If we deny your claim because of your occurs: acts or because you have failed to (1) We will not pay for any loss or comply with the terms of this Coverage damage caused by any of the Form, the mortgageholder will still have following even if they are Covered the right to receive loss payment if the Causes of Loss: mortgageholder: (a) Vandalism; (1) Pays any premium due under this (b) Sprinkler leakage due to policy at our request if you have failed to do so; freezing, unless you have protected the system against (2) Submits a signed, sworn proof of loss freezing; within 60 days after receiving notice (c) Building glass breakage; from us of your failure to do so; and (d) Water damage; (3) Has notified us of any change in ownership, occupancy or substantial (e) "Theft"; or change In risk known to the (f) Attempted "theft". mortgageholder. (2) With respect to Covered Causes of All of the terms of this Coverage Form Loss other than those listed in will then apply directly to the paragraphs (a), (b), (c), (d), (e) and mortgageholder. (f) above, we will reduce the e. If we pay the mortgageholder for any loss amount we would otherwise pay for or damage and deny payment to you the loss or damage by 15%. because of your acts or because you 8. Pair, Sets or Parts have failed to comply with the terms of this Coverage Form: For pairs or sets, we will either: (1) The mortgageholder's rights under (a) Repair or replace any part to restore the mortgage will be transferred to us the value and condition of the pair or to the extent of the amount we pay; set to that immediately before the and covered loss or damage; or (b) Pay the difference between the value of (2) The mortgageholder's right to recover the full amount of the the pair or set before and after the covered loss or damage. ILL�y µ i3RMmag'ah1ed])MsiuR REVIEWED & APPROVED SY: 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permiss , ., , ° , JN `� --� Rusk Pjanagement Analyst mortgageholder's claim will not be impaired. At our option, we may pay to the mortgageholder the whole principal on the mortgage plus any accrued interest. In this event, your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us. f. If we cancel this policy, we will give written notice to the mortgageholder at least: (1) 10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. g. If we elect not to renew this policy, we will give written notice to the mortgageholder at least 10 days before the expiration date of this policy. c. We will not pay for loss or damage caused by a Covered Cause of Loss which a device is intended to protect against if you: (1) Knew of any suspension or impairment in any protective device and failed to notify us of that fact; or (2) Failed to maintain any protective device over which you had control in complete working order. If part of an Automatic Sprinkler System is shut off due to breakage, leakage, freezing conditions or opening of sprinkler heads, notification to us will not be necessary if you can restore full protection within 48 hours. 6. Increase in Hazard We will not pay for loss or damage when there has been a material increase in hazard that is within your knowledge or control. This condition applies to any and all portions of a claim. 3. No Benefit to Bailee G. Property Definitions No person or organization, other than you, 1. "Accident" having custody of Covered Property will a. "Accident" means a fortuitous event that benefit from this insurance. causes direct physical damage to 4. Policy Period, Coverage Territory "covered equipment". The event must be Under SECTION I - PROPERTY: one of the following: a. We cover loss or damage commencing: (1) Mechanical breakdown, including rupture or bursting caused by (1) During the policy period shown in centrifugal force; the Declarations; and (2) Artificially generated electrical (2) Within the coverage territory or, with current, including electric arcing, that respect to property in transit", while disturbs electrical devices, appliances it is between points in the coverage or wires; territory. (3) Explosion of steam boilers, steam b. The coverage territory is: pipes, steam engines or steam (1) The United States of America turbines owned or leased by you, or (including its territories and operated under your control; possessions); (4) Loss or damage to steam boilers, (2) Puerto Rico; and steam pipes, steam engines or steam (3) Canada. turbines caused by or resulting from any condition or event inside such 5. Protective Devices equipment; or a. If you received a discount to the (5) Loss or damage to hot water boilers property premium of this policy because or other water heating equipment of the existence of one of the following caused by or resulting from any protective devices, you are required to condition or event inside such boilers maintain that protective device. or equipment. Existence of an applicable protective b. None of the following is an "accident": devices credit can be found on the Declarations Page. (1) Defect, programming error, b. Protective devices include Automatic programming limitation, computer virus, malicious code, loss of data, Sprinkler Systems including related supervisory services, Automatic Fire loss of access, loss of use, loss of Alarms and Central Station Security functionality or other condition within Alarms. µ ILLi3RMmag'ah1ed DiAsian REVIEWED & APPROVED BY. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissio , ' ., . ° , `� --� Rusk Pjanagement Analyst or involving data or "media" of any kind; or (2) Misalignment, miscalibration, tripping off-line, or any condition which can be corrected by resetting, tightening, adjusting or cleaning, or by the performance of maintenance. However, if an "accident" results, we will pay for the resulting loss, damage or expense caused by that "accident". 2. "Antique" or "antiques" means an object having value because its: a. Craftsmanship is in the style or fashion of former times; and b. Age is 100 years old or older. 3. "Cloud computing services" means professional, on -demand, self-service data storage or data processing services provided through the Internet or over telecommunications lines. This includes services known as IaaS (infrastructure as a service), PaaS (platform as a service), Saas (software as a service) and NaaS (network as a service). This includes business models know as public clouds, community clouds and hybrid clouds. "Cloud computing services" include private clouds if such services are owned and operated by a third party. 4. "Computer equipment" means: a. "Hardware" and related component parts. Component parts include but are not limited to modems, routers, printers, keyboards, monitors, and scanners; b. "Software"; and c. "Protection and control equipment". "Computer equipment" does not mean "Computer equipment" used to operate production -type machinery or equipment. 5. "Computer hacking" means an unauthorized intrusion by an individual or group of individuals, whether employed by you or not, into "hardware" or "software", a Web site, or a computer network and that results in but is not limited to: a. Deletion, destruction, generation, or modification of "software"; b. Alteration, contamination, corruption, degradation, or destruction of the integrity, quality or performance of "software"; c. Observation, scanning, or copying of "electronic data", "programs and applications", and "proprietary programs"; Hanover Insurance Group- ODF D785344 5701644 d. Damage, destruction, inadequacy, malfunction, degradation, or corruption of any "hardware" or "media" used with "hardware"'; or e. Denial of access to or denial of services from "hardware", "software", computer network, or Web site including related "software". 6. "Computer program" means a set of related electronic instructions, which direct the operation and function of a computer or devices connected to it, which enable the computer or devices to receive, process, store or send "electronic data". 7. "Computer Virus" means the introduction into "hardware", "software", computer network, or Web site of any malicious, self -replicating electronic data processing code or other code and that is intended to result in, but is not limited to: a. Deletion, destruction, generation, or modification of "software"; b. Alteration, contamination, corruption, degradation, or destruction of the integrity, quality, or performance of "software"; c. Damage, destruction, inadequacy, malfunction, degradation, or corruption of any "hardware" or "media" used with "hardware"; or d. Denial of access to or denial of services from "hardware", "software", computer network, or Web site including related "software". 8. "Counterfeit money" means an imitation of "money" that is intended to deceive and to be taken as genuine. 9. "Covered equipment" means Covered Property which, during normal usage, operates under vacuum or pressure, other than the weight of its contents, or that generates, transmits or utilizes energy. "Covered equipment" may utilize conventional design and technology or new or newly commercialized design and technology. "Covered equipment" does not include: a. Structure, foundation, cabinet or compartment; b. Insulating or refractory material; c. Sewer piping, buried vessels or piping, or piping forming a part of a sprinkler or fire suppression system; d. Water piping other than boiler feedwater piping, boiler condensate return piping or 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission ew cF IZAMwagzment])Msian Jy/\'x REVIEWED & APPROVED BY.- V"° --� Risk janagement Analyst water piping forming a part of a incurred, regardless of when the act or refrigerating or air conditioning system; acts causing or contributing to such e. Dragline, excavation equipment or loss occurred, even though the exact construction equipment; amount or details may not be known. f. Vehicle, meaning any machine or b. "Discover" or "Discovered" also means apparatus that is used for transportation the time when you first receive notice or moves under its own power or any of an actual or potential claim in which equipment mounted on a vehicle. Vehicle it is alleged that you are liable to a third party under circumstances which, includes but is not limited to: car, truck, bus, trailer, train, aircraft, watercraft, if true, would constitute a loss under forklift, bulldozer, tractor or harvester. this policy. However, any property that is stationary, 15. "Electronic circuitry" means microelectronic permanently installed at a covered components, including but not limited to location and that receives electrical circuit boards, integrated circuits, computer power from an external power supplier chips and disk drives. will not be considered a vehicle; 16. "Electronic circuitry impairment" g. Equipment manufactured by you for sale a. "Electronic circuitry impairment" means or a fortuitous event involving "electronic h. Satellite, spacecraft or any equipment circuitry" within "covered equipment" mounted on a satellite or spacecraft. that causes the "covered equipment" to 10. "Data" means a representation of suddenly lose its ability to function as it information, knowledge, facts, concepts or had been functioning immediately before such event. This definition is instructions which are being processed or "computer subject to the conditions specified in b., have been processed in c. and d. below. equipment". 11. "Data records" means files, documents and b. We shall determine that the reasonable information in an electronic format and that and appropriate remedy to restore such are stored within "electronic data". "covered equipment's" ability to function is the replacement of one or 12. "Denial of service attack" means the more "electronic circuitry" components malicious direction or a high volume of of the "covered equipment." worthless inquiries to website or e-mail destinations, effectively denying or limiting c. The "covered equipment" must be legitimate access regardless of whether or owned or leased by you, or operated not damage to "computer equipment" results. under your control. 13. "Dependent property" or "dependent d. None of the following is an "electronic properties" means the property owned by circuitry impairment": others whom you depend upon to: (1) Any condition that can be a. Deliver materials or services to you or to reasonably remedied by: others for your account. But services do (a) Normal maintenance, including not mean water supply services, but not limited to replacing wastewater removal services, expendable parts, recharging communication supply services or power batteries or cleaning; supply services; (b) Rebooting, reloading or b. Accept your products or services; updating software or firmware; c. Manufacture products for delivery to your or customers under contract of sale; or (c) Providing necessary power or d. Attract customers to your business. supply. The "dependent property" must be (2) Any condition caused by or related located in the coverage territory of this to: Coverage Form. (a) Incompatibility of the "covered 14. "Discover" or "Discovered" means: equipment" with any software or equipment Installed, a. The time when you first become aware of introduced or networked within facts which would cause a reasonable the prior 30 days; or person to assume that a loss of a type covered by this policy has been or will be (b) Insufficient size, capability or capacity of the "covered equipment." w I';AMwagzmedDiAsian 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissi �_/ ,: °x ��ED&APPROVmSY: P, VX*vd --� Risk Pjanagement Analyst (3) Exposure to adverse environmental conditions, including but not limited to change in temperature or humidity, unless such conditions result in an observable loss of functionality. Loss of warranty shall not be considered an observable loss of functionality. 17. "Electronic data" means files, documents, information and "programs and applications" in an electronic format and that are stored on "media". 18. "Electronic Vandalism" means "computer hacking", "computer virus" or a "denial of service attack". "Electronic vandalism" does not include the "theft" of any property or services. 19. "Employee" or "employees" means: a. Any natural person or persons: (1) While in your service and for 30 days after termination of service; and (2) Who you compensate directly by salary, wages or commissions; and (3) Who you have the right to direct and control while performing services for you; b. Any natural person who is furnished temporarily to you: (1) To substitute for a permanent employee, as defined in paragraph a. above, who is on leave; or (2) To meet seasonal or short-term workload conditions; c. Any natural person or persons who is leased to you under a written agreement between you and a labor leasing firm, to perform duties related to the conduct of your business, but does not mean a temporary "employee" as defined in paragraph b. above; d. Any natural person who is a former "employee", partner, "manager", director or trustee retained as a consultant while performing services for you; or e. Any natural person who is a guest student or intern pursuing studies or duties, excluding, however, any such person while having care and custody or property outside the described premises; f. Any natural person who is: (1) A trustee, officer, employee, administrator or manager, except an administrator or manager who is an independent contractor, of any "em to ee benefit Ian and Hanover Insurance Group- ODF D785344 5701644 (2) A director or trustee of yours while that person is engaged in handling "funds" or "other property" of any "employee benefit plan"; "Employee" does not mean any agent, broker, factor, commission merchant, consignee, independent contractor or representative of the same general character not specified in paragraph 14. of this section. 20. "Financial institution" means: a. With regard to SECTION I - PROPERTY, A. Coverage, 5. Additional Coverage, s. Money and Securities: (1) A bank, savings bank, savings and loan association, trust company, credit union or similar depository institution; or (2) An insurance company. b. SECTION I - PROPERTY, A. Coverage, 5. Additional Coverage, hh. Computer and Funds Transfer Fraud: (1) A bank, savings bank, savings and loan association, trust company, credit union or similar depository institution; (2) An insurance company; or (3) A stock brokerage firm or investment company. c. Other than SECTION I - PROPERTY, A. Coverage, 5. Additional Coverages, s. Money and Securities and hh. Computer and Funds Transfer Fraud, any financial institution. 21. "Fine arts" means paintings, etchings, pictures, tapestries, rare art glass, art glass windows, valuable rugs, statuary, sculptures, "antique" jewelry, bric-a-brac, porcelains and similar property of rarity, historical value or artistic merit. 22. "Finished stock" means stock you have manufactured. "Finished stock" also includes whiskey and alcoholic products being aged. "Finished stock" does not include "stock" you have manufactured that is held for sale on the premises of any retail outlet. 23. "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas due to: a. Surface water or waves, tides, tidal waves, tsunami, overflow of any body of water or their spray, all whether driven by wind or not (including p y p storm surge); RideMmaganad])Msian REVIEWED & APPROVED BY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. --� Risk hrPanagement Analyst b. The unusual or rapid accumulation of c. Portable electronic devices. Portable runoff of surface waters from any electronic devices include laptops, source; tablets, e-readers, smartphones or c. Mudslides or mudflows which are other lightweight, hand-held or caused by "flood" water. A mudslide wearable devices capable of storing, or mudflow involves a river of liquid retrieving and processing data; and and flowing mud on the surface of d. Peripheral data processing normally dry land areas as when equipment, including but not limited earth is carried by a current of water to printers, keyboards, monitors, and and deposited along the path of the modems. current. "Hardware" does not mean electronic impounded b a d. The release of water im p Y items that are not similar to the items dam, levee, dike, seawall or "flood" listed in a., b., c. and A. above. control device, whether driven by "Hardware" does not include: wind or not (including storm surge). e. Diagnostic equipment; When a "flood" is a continuous or protracted event it will constitute a f. Electronic items that contain a single "flood" occurrence. computer to perform functions other than "hardware"; and 24. "Forgery" means the signing of the name of another person or organization with g. Peripheral data processing intent to deceive; it does not mean a equipment valued more than the signature which consists in whole or in "hardware" itself. part of one's own name signed with or 29. "Hazardous substance" means any without authority, in any capacity, for any substance that is hazardous to health or purpose. has been declared to be hazardous to 25. "Fraudulent instruction" means: health by a governmental agency. a. An electronic, telegraphic, cable, 30. "In transit" means in the course of teletype, tele facsimile or telephone shipment from or to the premises shown instruction which purports to have in the Declarations. It includes such been transmitted by you, but which shipments while temporarily stopped or was in fact fraudulently transmitted by delayed, incidental to the delivery. someone else without your knowledge 31. "Manager" or "managers" means a or consent; person or persons serving in a directorial b. A written instruction (other than those capacity for a limited liability company described in SECTION I - PROPERTY, (LLC). A. Coverage, 5. Additional Coverages, 32. "Media" means an instrument that is k. Forgery or Alteration) issued by used with "hardware" and on which you, which was forged or altered by "electronic data", "programs and someone other than you without your applications", and "proprietary programs" knowledge or consent or which can be recorded or stored. "Media" purports to have been issued by you, includes, but is not limited to, films, but was in fact fraudulently issued tapes, cards, discs, drums, cartridges, without your knowledge or consent. cells, DVDs, CD-ROMs and other portable 26. "Funds" means "money" and "securities". data devices. 27. "Fungi" means any type or form of fungus, 33. "Member" or "Members" means an including mold or mildew, and any owner of a limited liability company mycotoxins, spores, scents or by-products represented by its membership interest, produced or released by "fungi". who also may serve as a "manager". 28. "Hardware" means a network of 34. "Messenger" means you, or a relative of electronic machine components yours, or any of your partners or (microprocessors) capable of accepting "members", or any "employee" while instructions and information, processing having care and custody of property away the information according the instructions, from the described premises. and producing desired results. "Hardware" 35. "Money" means: includes but is not limited to: a. Currency, coins and bank notes in a. Mainframe and mid -range computers current use and having a face value; and servers; b. Traveler's checks and money orders b. Personal computers and workstations; held for sale to the public; and c. In addition, incl �y µ Risk MmRg'merr DiAsiuR REVIEWED & APPROVED BY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. , 'P, ° , `� --� Wsk hrPanagement Analyst Hanover Insurance Group- ODF D785344 5701644 (1) For the purposes of SECTION I - (3) FICA payments you pay; PROPERTY, A. Coverage, 5. (4) Union dues you pay; and Additional Coverages, p. Employee Theft including ERISA Compliance (5) Workers' Compensation premiums. and k. Forgery or Alteration, 41. "Period of Restoration" deposits in your account at any financial institution"; and a. Means the period of time that: (2) For the purposes of SECTION I - (1) Begins: PROPERTY, A. Coverage, 5. Additional (a) After the number of hours Coverage hh. Computer and Funds shown as the Business Income Transfer Fraud, deposits in your Waiting Period in the account at a "financial institution" as Declarations after the time of defined in SECTION I -PROPERTY, G. direct physical loss or damage Property Definitions, paragraph 19.b.. for Business Income Coverage; 36. "One equipment breakdown" means: If an or initial "accident" or "electronic circuitry (b) Immediately after the time of impairment" causes other "accidents" or direct physical loss or damage "electronic circuitry impairments," all will for Extra Expense Coverage; be considered "one equipment breakdown." caused by or resulting from an All "accidents" or "electronic circuitry Covered Cause of Loss at the impairments" that are the result of the described remises; and p same "accident" or "electronic circuitry impairment" will be considered "one (2) Ends on the earlier of: equipment breakdown." (a) The date when the property at 37. "Operations" means your business the described premises should activities occurring at the described be repaired, rebuilt or replaced premises. (to a condition permitting occupancy) with reasonable 38. Other property" means tangible property p p Y 9 p p Y speed and similar quality; or other than "money" and "securities" that has intrinsic value. "Other property" does (b) The date when business is not include computer programs, resumed at a new permanent "electronic data" or any property location; or specifically excluded under this Coverage (c) Exhaustion of the number of Form. consecutive months as shown 39. "Payment processing device" means any on the Policy Declarations electronic device used to process credit, Page. debit or charge card transactions, b. Does not include any increased period including but not limited to, digital pen pad required due to the enforcement of any devices, PIN pad devices, Automatic Teller ordinance or law that: Machines (ATMs), credit card processing (1) Regulates the construction, use or machines. repair, or requires the tearing 40. "Payroll expense": down of any property; or a. Means payroll expenses for all your (2) Requires any insured or others to "employees" except: test for, monitor, clean up, remove, (1) Officers; contain, treat, detoxify or (2) Executive; neutralize, or in any way respond to or assess the effects of (3) Department Managers; "pollutants". (4) "Employees" under contract; and The expiration date of this policy will (5) Additional Exemptions shown in not cut short the "period of restoration". the Declarations as: (a) Job classifications; or (b) "Employees". b. Includes: (1) Payroll; (2) Employee Benefits, if directly related to payroll; 42. "Perishable goods" means property: a. Maintained under temperature or humidity preservation; and b. Susceptible to loss or controlled temperature conditions chance. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its perm personal controlled conditions for damage if the or humidity e , Risk Mmaganad])Msian k4e,'q REVIEWED & APPROVED BY.- V"° --� RFsk janagement Analyst 43. "Pollutants" means any solid, liquid, a. Tokens, tickets, revenue and other stamps gaseous or thermal irritant or contaminant, (whether represented by actual stamps or including smoke, vapor, soot, fumes, acids, unused value in a meter) in current use; alkalis, chemicals and waste. Waste and includes materials to be recycled, b. Evidences of debt issued in connection reconditioned or reclaimed. with credit or charge cards, which cards 44. "Programs and applications" means are not issued by you; operating programs and applications that but does not include "money". you purchase and that are: a. Stored on "media"; or 49. "Software" means; b. Pre -installed and stored in "hardware". a. "Media"; Applications include, but are not limited to, b. "Electronic Data"; programs for word processing, c. "Programs and applications"; and spreadsheet calculations, and graphic d. "Proprietary programs". design. 50. "Specified Causes of Loss" means the 45. Proprietary programs means proprietary following: operating programs and applications that you developed or that you had developed lightning; Fire; li g g explosion, windstorm or hail; specifically for use in your "operations" smoke; aircraft or vehicles; riot or civil and that are: commotion; vandalism; leakage from fire extinguishing equipment; sinkhole collapse; a. Stored on "media"; or volcanic action; falling objects; weight of snow, b. Installed and stored in "hardware". ice or sleet; water damage. 46. "Protection and control equipment" means: a. Sinkhole collapse means the sudden a. Air conditioning or other cooling sinking or collapse of land into underground empty spaces created by the equipment used exclusively in the operation of the "hardware"; action of water on limestone or dolomite. This cause of loss does not include: b. Fire protection equipment used for the "hardware", (1) The cost of filling sinkholes; or protection of the including automatic and manual fire suppression (2) Sinking or collapse of land into equipment and smoke and heat man-made underground cavities. detectors; and b. Falling objects does not include loss of or c. Uninterruptible power supply system, damage to: line conditioner, and voltage regulator. (1) Personal property in the open; or 47. "Rental Value" means Business Income (2) The interior of a building or structure, that consists of: or property inside a building or a. New Income (Net Profit or Loss before structure, unless the roof or an outside income taxes) that would have been wall of the building or structure is first earned or incurred as rental income damaged by a falling object. from tenant occupancy of the premises c. Water damage means described in the Declarations as furnished and equipped by you, (1) Accidental discharge or leakage of including fair rental value of any water or steam as the direct result of portion of the described premises the breaking apart or cracking of any which is occupied by you; and part of a system or appliance (other than a sump system including its b. Continuing normal operating expenses related equipment and parts) incurred in connection with that containing water or steam; and premises, including: (1) Payroll; and (2)Accidental wa err orwdischargeof material or kassethe (2) The amount of charges which are direct result of the breaking apart or the legal obligation of the tenant(s) cracking of a water or sewer pipe that but would otherwise be your is located off the described premises obligations. and is part of a municipal potable 48. "Securities" means negotiable and water supply system or municipal non-negotiable instruments or contracts representing either "money" or "other property" and includes: ILL�y µ i3RMmag'ah1ad DiAsiun REVIEWED & APPROVED BY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. , --� Risk hrPanagement Analyst Hanover Insurance Group- ODF D785344 5701644 sanitary sewer system, if the b. Written instructions (other than those breakage or cracking is caused by described in SECTION I - PROPERTY, A. wear or tear. Coverage, 5. Additional Coverages, k. But water damage does not include Forgery or Alteration) establishing the loss or damage otherwise excluded in conditions under which such transfers are to be initiated by such financial institution SECTION I - PROPERTY, B. Exclusions, through an electronic funds transfer paragraph 1. g. Water.. Therefore, for system. example, there is no coverage in the situation in which discharge or leakage 56. "Valuable papers and records" means: of water results from breaking apart of a. Inscribed, printed or written: cracking of a pipe which was caused by or related to weather -induced "flood" (1) Documents; water, even if wear and tear contributed (2) Manuscripts; and to the breakage or cracking. As another (3) Records; example, and also in accordance with the terms of the Water Exclusion, there including abstracts, books, deeds, is no coverage for loss or damage drawings, films, maps or mortgages; caused by or related to b. If you are a Printer, Publisher or Graphic weather -induced "flood" water which Artist by trade, "valuable papers and follows or is exacerbated by pipe records" means negatives, positives, breakage or cracking attributable to artwork, separations, plates, dies, molds, wear and tear. forms, stock manuscripts and other similar To the extent that accidental discharge property usual to the graphic arts, printing or leakage of water falls within the or publishing industry, including those criteria set forth in paragraphs (1) or (2) which exist on electronic or magnetic above of this definition of "specified "media", other than prepackaged software causes of loss", such water is not programs. subject to the provisions of SECTION I - But "valuable papers and records" does not PROPERTY, B. Exclusions, paragraph mean "money" or "securities". 1., g. Water, which preclude coverage for surface water or water under the SECTION II - LIABILITY ground surface. A. Coverages 51. "Stock" means merchandise held in storage 1. Business Liability or for sale, raw materials and in process or a. We will pay those sums the insured finished goods, including supplies used in becomes legally obligated to pay as their packing or shipping. damages because of "bodily injury", 52. "Suspension" means: "property damage" or "personal and a. The partial slowdown or complete advertising injury" to which this insurance cessation of your business activities; or applies. We will have the right and duty to defend the insured against any "suit" b. Part or all of the described premises is seeking those damages. However, we will rendered untenantable, if coverage for have no duty to defend the insured against Business Income applies. any "suit" seeking damages for "bodily 53. "Telephonic services" means use of your: injury", "property damage" or "personal a. Telephone services; and advertising injury", to which this insurance does not apply. We may, at our b. Telephone credit cards; or discretion, investigate any "occurrence" or c. Telephone access cards. any offense and settle any claim or "suit" that may result. But: 54. "Theft" means the unlawful taking of property to the deprivation of the Insured. (1) The amount we will pay for damages is limited as described in SECTION II - 55. "Transfer account" means an account LIABILITY, D - Liability and Medical maintained by you at a financial institution Expenses Limits of Insurance; and from which you can initiate the transfer, payment or delivery of "money" and (2) Our right and duty to defend end when "securities" by means of: we havethe Limit the pppmenble of Insurance t of a. Electronic, telegraphic, cable, teletype, telefacsimile or telephone instructions communicated directly through an electronic funds transfer system; or u" cF ILLi3RMmag'ah1ad])MsiuR REVIEWED & APPROVED SY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissi --� Wsk hrPanagement Analyst judgments, settlements or medical expenses. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under f. Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "property damage" only if: (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under C. Who Is An Insured, paragraph 1. and no "employee" authorized by you to give or receive notice of an "occurrence" or claim knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under C. Who Is An Insured, paragraph 1. or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under C. Who Is An Insured, Paragraph 1. or any "employee" authorized by you to give or receive (1) Reports all or any part of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". f. Coverage Extension - Supplementary Payments (1) We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: (a) All expenses we incur. (b) Up to $2500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (c) The cost of bonds to release attachments, but only for bond amounts within our Limit of Insurance. We do not have to furnish these bonds. (d) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. (e) All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. (f) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the Limit of Insurance, we will not pay any notice of an "occurrence" or claim: RideMmagzmedDiAsian 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permis }� JN REVIEWED&APPRovmBr: --� Risk Pjanagement Analyst prejudgment interest based on that period of time after the offer. (g) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance described in SECTION 11 - LIABILITY, D. Liability and Medical Expenses Limits of Insurance. (2) If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: 391-1003 08 16 (a) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (b) This insurance applies to such liability assumed by the insured; (c) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (d) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; (e) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (f) The indemnitee: (i) Agrees in writing to: Hanover Insurance Group- ODF D785344 5701644 legal papers received in connection with the "suit"; 3) Notify any other insurer whose coverage is available to the indemnitee; and 4) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (ii) Provides us with written authorization to: 1) Obtain records and other information related to the "suit"; and 2) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of SECTION II - LIABILITY, B. Exclusions, 1. Applicable to Business Liability Coverage, b. Contractual Liability, paragraph (2), such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (g) We have used up the applicable Limit of Insurance in the payment of judgments or settlements; or (h) The conditions set forth above, or the terms of the agreement 1 Cooperate with us in described in Paragraph (2)(f) p above are no longer met. the investigation, settlement or defense 2. Medical Expenses of the "suit"; a. We will pay medical expenses as 2) Immediately send us described below for "bodily injury" copies of any caused by an accident: demands, notices, (1) On premises summonses or wo� RAMmaganedpiAslo,i JN REVIEWED & APPROvm SY: Includes copyrighted material of Insurance Services Office, Inc., with its permis �,:` --� WA K4anagement Analyst (2) On ways next to premises you execution of the contract or agreement. Solely for the own or rent; or purposes of liability assumed in (3) Because of your operations; an "Insured contract", reasonable provided that: attorney fees and necessary (a) The accident takes place in "coverage litigation expenses incurred by or for a party other than an insured the territory" and are deemed to be damages during the policy period; because of "bodily injury" or (b) The expenses are incurred "property damage", provided: and reported to us within one (a) Liability to such party for, or year of the date of the for the cost of, that party's accident; and defense has also been (c) The injured person submits to assumed in the same examination, at our expense, "insured contract"; and by physicians of our choice as (b) Such attorney fees and often as we reasonably litigation expenses are for require. defense of that party against b. We will make these payments a civil or alternative dispute regardless of fault. These payments resolution proceeding in will not exceed the applicable Limits which damages to which this of Insurance as described in D. insurance applies are Liability and Medical Expenses Limits alleged. of Insurance. c. Liquor Liability c. We will pay reasonable expenses for: "Bodily injury" or "property damage" (1) First aid administered at the time for which any insured may be held of an accident; liable by reason of: (2) Necessary medical, surgical, x-ray (1) Causing or contributing to the and dental services, including intoxication of any person; prosthetic devices; and (2) The furnishing of alcoholic (3) Necessary ambulance, hospital, beverages to a person under the professional nursing and funeral legal drinking age or under the services. influence of alcohol; or B. Exclusions (3) Any statute, ordinance or 1. Applicable To Business Liability Coverage regulation relating to the sale, gift, distribution or use of This insurance does not apply to: alcoholic beverages. a. Expected or Intended Injury This exclusion applies even if the "Bodily injury" or "property damage" claims against any insured allege expected or intended from the negligence or other wrongdoing in: standpoint of the insured. This (4) The supervision, hiring, exclusion does not apply to "bodily employment, training or injury resulting from the use of monitoring of others by that reasonable force to or protect persons p p insured; or property. (5) Providing or failing to provide b. Contractual Liability transportation with respect to any "Bodily injury" or "property damage" person that may be under the for which the insured is obligated to influence of alcohol; pay damages by reason of the if the "occurrence" which caused the assumption of liability in a contract or "bodily injury" or "property damage", agreement. This exclusion does not involved that which is described in apply to liability for damages: paragraphs (1), (2) or (3) above. (1) That the insured would have in the However, this exclusion applies only absence of the contract or if you are in the business of agreement; or manufacturing, distributing, selling, (2) Assumed in a contract or serving or furnishing alcoholic agreement that is an "insured beverages. contract", provided the "bodily "property For the purpose of this exclusion, injury" or damage" permitting a occurs subsequent to the alcoholic b " RA g tc�lan premises for }40Fro REVIEWED&APPROVED BY. - " premises, . V"° 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permi- RlskK4anagementAnalyst not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation and Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar local, state, federal or foreign law or regulation. e. Employer's Liability "Bodily Injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (3) Whether the insured may be liable as an employer or in any other capacity; and (4) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location, which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the Hanover Insurance Group- ODF D785344 5701644 building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission sJ�N Risk Mwag merd]) isian REVIEWED&APPROvmSY:"° --� Risk Pjanagement Analyst necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto or Watercraft (1) Unmanned Aircraft "Bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading and unloading". This paragraph g. (1) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". This paragraph g. (1) does not apply to: (a) The use of another's advertising idea in your "advertisement"; or (b) Infringing upon another's copyright, trade dress or slogan in your "advertisement". (2) Aircraft (Other Than Unmanned Aircraft), Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), owned or o loaned to includes op unloading". 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissi( ew cF IZAMwagzmedDiAsian REVIEWED & APPROVED BY.- . --� Risk janagement Analyst Hanover Insurance Group- ODF D785344 5701644 This paragraph g. (2) applies even chassis and used to if the claims against any insured raise or lower allege negligence or other workers; and wrongdoing in the supervision, hiring, employment, training or 2) Air compressors, monitoring of others by that "occurrence" pumps and generators, including spraying, insured, if the which „ welding, building caused the bodily injury or "property eOp ysi cleanexploration, damage" or the offense ,geophysical lighting which caused the personal and and well -servicing advertising injury" involved the equipment; or ownership, maintenance, use or entrustment to others of any (f) An aircraft (other than aircraft (other than "unmanned "unmanned aircraft") that is: aircraft") "auto" or watercraft that (i) Chartered by, loaned to, or is owned or operated by or rented hired by you with a paid or loaned to any insured. crew; and This paragraph g. (2) does not (ii) Not owned by any insured. apply to: h. Mobile Equipment (a) A watercraft while ashore on premises you own or rent; "Bodily injury" or "property damage" arising out of: (b) A watercraft you do not own that is: (1) The transportation of "mobile equipment" by an "auto" owned or i Less than 51 feet Ion and () g operated by or rented or loaned to (ii) Not being used to carry any insured; or persons or property for a (2) The use of "mobile equipment" in, charge; or while in practice for, or while (c) Parking an "auto" on, or on being prepared for, any the ways next to, premises prearranged racing, speed, you own or rent, provided the demolition or stunting activity. "auto" is not owned by or i. War rented or loaned to you or the insured; insured; "Bodily injury", "property damage" or "personal and advertising injury", d it assumed under an () Y Y however caused, arising, directly or "insured contract" for the indirectly, out of: ownership, maintenance or use of aircraft (other than (1) War, including undeclared or civil "unmanned -aircraft") or war; watercraft; or (2) Warlike action by a military force, (e) "Bodily injury" or "property including action in hindering or damage" arising out of: defending against an actual or expected attack, by any (i) The operation of government, sovereign or other machinery or equipment authority using military personnel that is attached to, or part or other agents; or of, a land vehicle that would qualify under the (3) Insurrection, rebellion, revolution, definition of "mobile usurped power, or action taken by equipment" if it were not government authority in hindering subject to a compulsory or or defending against any of these. financial responsibility law j. Professional Services or other motor vehicle insurance or motor vehicle "Bodily injury", "property damage", registration law where it is "personal and advertising injury" caused by the rendering of or failure licensed or principally garaged; or to render any professional service, advice or instruction: (ii) The operation of any of the (1) By you; or following machinery or equipment: (2) On your behalf; or 1) Cherry pickers and (3) From whom any of you assumed similar devices liability by r mounted on agreement, RAMwagmedoiAsian automobile or truck J_y F,qq REVIEWED&APPROVED BY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permiss Is I` G' --� Risk janagement Analyst regardless of whether any such service, advice or instruction is ordinary to any insured's profession. Professional services include but are not limited to: (4) Legal, accounting or advertising services, notary, title abstract, tax preparation, real estate, stockbroker, publishing, architects or insurance services; (5) Preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; (6) Supervisory, inspection or engineering services; (7) Medical, surgical, dental, x-ray or nursing services treatment, advice or instruction; (8) Any health or therapeutic service treatment, advice or instruction; (9) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming, including use or exposure to any sun lamp, tanning booth or other similar appliance; (10)Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (11)Body piercing services; (12)Services in the practice of pharmacy; (13)Management, Human Resource, Testing, Media or Public Relations consulting services. This exclusion applies even if a claim alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional service. k. Damage to Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred b ou or an other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in SECTION II - LIABILITY, D. Liability and Medical Expenses Limit Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". I. Damage to Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". y y y This exclusion damaged work o Ride Management Division Jy/, 1°x REVIEWED & APPROVED BY.' 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permi --� Wsk Pjanagement Analyst Hanover Insurance Group- ODF D785344 5701644 the damage arises was performed on (c) Any product provided by the your behalf by a subcontractor. insured and installed or used n. Damage to Impaired Property or in connection with any aircraft; Property Not Physically Injured (d) Any tooling used in respect to "Property damage" to "impaired any aircraft; property" or property that has not (e) Training and navigational aids, been physically injured, arising out of: instructions, manuals, (1) A defect, deficiency, inadequacy blueprints, engineering or or dangerous condition in "your other data in connection with product" or "your work"; or any aircraft; (2) A delay or failure by you or (f) Any advice, service or labor anyone acting on your behalf to supplied with any aircraft; or perform a contract or agreement (g) Services you or others trading in accordance with its terms. under your name provide or This exclusion does not apply to the recommend for use in the loss of use of other property arising manufacture, repair, out of sudden and accidental physical operation, maintenance or use injury to "your product" or "your work" of any aircraft. after it has been put to its intended (5) "Grounding" means the use. withdrawal of one or more aircraft o. Recall of Products, Work or Impaired from flight operations or the Property imposition of speed, passenger or Damages claimed for any loss, cost or load restrictions on such aircraft, due to the existence of or alleged expense incurred by you or others for or suspected existence of any the loss of use, withdrawal, recall, defect, fault or condition: inspection, repair, replacement, adjustment, removal or disposal of: (a) In such aircraft or any part (1) "Your product"; sold, handled or distributed by you or that is manufactured, (2) "Your work"; or assembled or processed by (3) "Impaired property"; any other person or organization according to your if such product, work or property is specifications, plans, withdrawn or recalled from the market suggestions, orders or or from use by any person or drawings; or organization because of a known or suspected defect, deficiency, (b) With tools, machinery or other inadequacy or dangerous condition in equipment furnished to such it persons or organizations by p. Aircraft Products, Grounding and you; Testing whether such withdrawn aircraft are owned or operated by the 1 "Aircraft products " or reliance () p same or different persons or upon any representation or organizations. warranty made with such product; "Grounding" shall be deemed to (2) The "grounding" of any aircraft; or commence on the date of an (3) The "testing" of any aircraft. "occurrence" which discloses the For purposes of this Exclusion, the necessity of "grounding" or on the date an aircraft is first withdrawn following definitions apply: from service because of such (4) "Aircraft Products" means: condition, whichever comes first. (a) Aircraft, including but not (6) "Testing" means examination, limited to missiles, spacecraft, observation, evaluation or or any other aircraft goods or measuring of the performance of products you manufacture, "aircraft products", while either in sell, handle or distribute; the air or on the ground. (b) Aircraft and any ground q. Distribution of Material in Violation of support or control equipment Statutes used in connection therewith; ILL�y u" cF i3RMmag'ah1ad])MsiuR REVIEWED & APPROVED SY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permis --� Wsk hrPanagement Analyst "Bodily injury", "property damage" or devices or any other repositories of "personal and advertising injury" computer software which are used arising directly or indirectly out of any with electronically controlled action or omission that violates or is equipment. The term computer alleged to violate: programs, referred to in the (1) The Telephone Consumer foregoing description of electronic Protection Act (TCPA), including data, means a set of related any amendment of or addition to electronic instructions which direct such law; or the operations and functions of a computer or device connected to it, (2) The CAN-SPAM Act of 2003, which enable the computer or including any amendment of or device to receive, process, store, addition to such law; or retrieve or send data. (3) The Fair Credit Reporting Act Exclusions c., d., e., g., h., and k., I., m., (FCRA), and any amendment of or n. and o. above do not apply to damage addition to such law, including the to premises while rented to you or Fair and Accurate Credit temporarily occupied by you with Transaction Act (FACTA); or permission of the owner. A separate (4) Any other laws, statutes Damage to Premises Rented to You ordinances or regulations, that Limit of Insurance applies to this address, prohibit, or limit the coverage as described in SECTION II - printing, dissemination, disposal, LIABILITY, D. Liability and Medical collecting, recording, sending, Expenses Limits of Insurance. transmitting, communicating or 2. Additional Exclusions Applicable Only to distribution of material or "Personal and Advertising Injury" information. This insurance does not apply to: r. Access Or Disclosure Of Confidential a. Knowing Violation of Rights of Or Personal Information And Another Data -related Liability Damages arising out of: Personal and advertising injury caused by or at the direction of the (1) Any access to or disclosure of any insured with the knowledge that the person's or organization's act would violate the rights of confidential or personal another and would inflict "personal information, including patents, and advertising injury". trade secrets, processing methods, customer lists, financial b. Material Published With Knowledge information, credit card of Falsity information, health information or "Personal and advertising injury" any other type of nonpublic arising out of oral or written information; or publication, in any manner, of (2) The loss of, loss of use of, damage material, if done by or at the direction of the Insured with to, corruption of, inability to access, or Inability to manipulate knowledge of its falsity. electronic data. c. Material Published Prior to Policy This exclusion applies even if Period damages are claimed for notification "Personal and advertising injury" costs, credit monitoring expenses, arising out of oral or written forensic expenses, public relations publication, in any manner, of expenses or any other loss, cost or material whose first publication took expense incurred by you or others place before the beginning of the arising out of that which is described policy period. in paragraphs (1) or (2) above. d. Criminal Acts However, unless paragraph (1) above "Personal and advertising injury" applies, this exclusion does not apply arising out of a criminal act to damages because of "bodily injury". committed by or at the direction of As used in this exclusion, electronic the insured. data means information, facts or e. Contractual Liability computer programs stored as or on, created or used on, or transmitted to "Personal and advertising injury" for or from computer software including which the insured has assumed systems and applications software), on liability in a c hard or floppy disks, CD-ROMs, tapes, This exclusion ew GF Rk�tc�� liability for darr drives, cells, data processing would have i }� x REvlEuveD&APPROVmSY: ;; contract or agr . ` v --� Wsk Pjanagement Analyst 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Hanover Insurance Group- ODF D785344 5701644 f. Breach of Contract (2) Claim or "suit" by or on behalf of "Personal and advertising injury" a governmental authority for arising out of a breach of contract, damages because of testing for, except an implied contract to use monitoring, cleaning up, another's advertising idea in your removing, containing, treating, "advertisement". detoxifying or neutralizing, or in g. Quality or Performance of any way responding to, or assessing the effects of, Goods -Failure to Conform to pollutants Statements . "Personal and advertising injury" I. Electronic Chatrooms or Bulletin Boards arising out of the failure of goods, products or services to conform with "Personal and advertising injury" any statement of quality or arising out of an electronic chatroom performance made in your or bulletin board the insured hosts, "advertisement". owns or over which the insured h. Wrong Description of Prices exercises control. "Personal and advertising injury" m. Infringement of Copyright, Patent, Trademark or Trade Secret arising out of the wrong description of the price of goods, products or "Personal and advertising injury" services stated in your arising out of the infringement of "advertisement". copyright, patent, trademark, trade i. Insureds in Media and Internet Type secret or other intellectual property Businesses rights. Under this exclusion, such other intellectual property rights do "Personal and advertising injury" not include the use of another's committed by an insured whose advertising idea in your business is: "advertisement". (1) Advertising, broadcasting, However, this exclusion does not publishing or telecasting; apply to infringement, in your (2) Designing or determining content "advertisement", of copyright, trade of web -sites for others; or dress or slogan. (3) An Internet search, access, n. Unauthorized Use of Another's Name content or service provider. of Product However, this exclusion does not Personal and advertising injury apply to F. Liability and Medical arising out of the unauthorized use Expenses Definitions,15. "Personal and of another's name or product in your Advertising Injury", paragraphs a., b. e-mail address, domain name or and c. metatags, or any other similar tactics to mislead another's potential For the purposes of this exclusion, the customers. placing of frames, borders or links, or advertising, for you or others 3. Additional Exclusions Applicable to anywhere on the Internet, is not by Medical Expenses Coverage Only itself considered the business of We will not pay expenses for "bodily advertising, broadcasting, publishing injury": or telecasting. a. Any Insured j. Pollution To any insured, except "volunteer "Personal and advertising injury" workers". arising out of the actual, alleged or b. Hired Person threatened discharge, dispersal, seepage, migration, release or escape To a person hired to do work for or of "pollutants" at any time. on behalf of any insured or a tenant k. Pollution -Related of any insured. Any loss, cost or expense arising out c. Injury on Normally Occupied Premises of any: (1) Request, demand, order or To a person injured on that part of statutory or regulatory requirement premises you own or rent that the that any insured or others test for, person normally occupies. monitor, clean-up, remove, contain, d. Workers' Compensation and Similar treat, detoxify or Laws neutralize, or in any way To a person, respond to, or assess the effects "em to ee" e , x'�`�DiAsi0n of, "pollutants"; or insured i �� %F `°, RE`"�D&APPROVED BY.- . V"° 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissio n Wsk K4anagement Analpt 4. the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletic Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included within the "products - completed operations hazard". g. Otherwise Excluded Otherwise Excluded under SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage. Additional Exclusions Applicable To Both Business Liability Coverage and Medical Expenses Coverage: Nuclear Energy Liability Exclusion This insurance does not apply: (1) Under Business Liability Coverage, to "bodily injury" or "property damage": (a) With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) Resulting from the "hazardous properties" of "nuclear material" and with respect to which: (i) Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (ii) The insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. (2) Under Medical Expenses Coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. (3) Under Business Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of the "nuclear material"; if: (a) The "nuclear material": (i) Is at any "nuclear facility" owned by, or operated by or on behalf of, an insured; or (ii) Has been discharged or dispersed therefrom; (b) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or (c) The "bodily injury" or "property damage" arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility"; but if such facility is located within the United States of America, its territories or possessions or Canada, this Exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. (4) As used in this exclusion: (a) "By-product material" has the meaning given it in the Atomic Energy Act of 1954 or in any law amendatory thereof; (b) "Hazardous properties" include radioactive, toxic or explosive properties; (c) "Nuclear facility" means: (i) Any "nuclear reactor"; (ii) Any equipment or device designed or used for: 1) Separating the isotopes of uranium or plutonium; 2) Processing or utilizing "spent fuel"; or 3) Handling, processing or packaging "waste"; (iii) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any of Slu 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its ew cF IZi ]VwagzmedDiAsian Jy/ ,'q REVIEWED & APPROVED SY.- V"° --� Risk janagement Analyst Hanover Insurance Group- ODF D785344 5701644 custody of the insured at the r cond ct of o r a. An individual, you and your spouse premises where such are insureds, but only with respect to equipment or device is located the conduct of a business of which consists of or contains more you are the sole owner. than 25 grams of plutonium or b. A partnership or joint venture, you uranium 233 or any combination thereof, or more are an insured. Your members, your than 250 grams of uranium partners and their spouses are also insureds, but only with respect to the 235; conduct of your business. (iv) Any structure, basin, excavation, premises or place c. A limited liability company, you are prepared or used for the an insured. Your members are also storage or disposal of "waste"; insureds, but only with respect to the conduct of your business. Your and includes the site on which any managers are insureds, but only with of the foregoing is located, all respect to their duties as your operations conducted on such site managers. and all premises used for such d. An organization other than a operations; partnership, joint venture or limited (d) "Nuclear material" means "source liability company, you are an insured. material", "special nuclear Your "executive officers" and material" or "by-product material"; directors are insureds, but only with (e) "Nuclear reactor" means any respect to their duties as your apparatus designed or used to officers or directors. Your sustain nuclear fission in a stockholders are also insureds, but self-supporting chain reaction or only with respect to their liability as to contain a critical mass of stockholders. fissionable material; e. A trust, you are an insured. Your (f) "Property damage" includes all trustees are also insureds, but only forms of radioactive contamination with respect to their duties as of property. trustees. (g) "Source material" has the 2. Each of the following is also an insured: meaning given it in the Atomic a. Your "volunteer workers" only while Energy Act of 1954 or in any law performing duties related to the amendatory thereof; conduct of your business, or your (h) "Special nuclear material" has the "employees", other than either your meaning given it in the Atomic "executive officers" (if you are an Energy Act of 1954 or in any law organization other than a amendatory thereof; partnership, joint venture or limited "Spent Spent fuel means any fuel liability company) or your managers (if you are a limited liability element or fuel component, solid company), but only for acts within the or liquid, which has been used or scope of their employment by you or exposed to radiation in a nuclear while performing duties related to the reactor"; conduct of your business. However, Q) "Waste" means any waste none of these "employees" or material: "volunteer workers" are insureds for: (i) Containing "by-product (1) "Bodily injury" or "personal and material" other than the advertising injury": tailings or wastes produced by (a) To you, to your partners or the extraction or concentration members (if you are a of uranium or thorium from partnership or joint venture), any ore processed primarily to members our if you are a ( for its "source material"y limited liability company), or content; and to a co -"employee" while in (ii) Resulting from the operation the course of his or her by any person or organization employment or performing of any "nuclear facility" duties related to the conduct included under paragraphs (i) of your business, or to your and (ii) of the definition of other "volunteer workers" "nuclear facility". while performing duties lat d to th C. Who Is An Insured e e e u y u busines 1. If you are designated in the Declarations as: (b) To the �w cF RisleMa�agementciviaion brother }_ ``x REVIEWED&)WROVEDBY.- ., . V 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissi Is --- FIR Risk K4anagement Analyst "employee" as a consequence (2) "Personal and advertising injury" of paragraph (1) (a) above; arising out of an offense (c) For which there is any committed before you acquired obligation to share damages or formed the organization. with or repay someone else No person or organization is an insured with who must pay damages respect to the conduct of any current or past because of the injury partnership, joint venture or limited liability described in paragraphs (1)(a) company that is not shown as a Named or (1)(b); or Insured in the Declarations. (d) Arising out of his or her D. Liability and Medical Expenses Limits of providing or failing to provide Insurance professional services. 1. The Limits of Insurance under SECTION (2) "Property damage" to property: II - LIABILITY shown in the Declarations (a) Owned, occupied or used by; and the rules below fix the most we will or pay regardless of the number of: (b) Rented to, in the care, custody a. Insureds; or control of, or over which b. Claims made or "suits" brought; or physical control is being exercised for any purpose by; c. Persons or organizations making "suits". claims or bringing you, any of your "employees", "volunteer 2. Subject to the Aggregate Limit identified workers", any partner in paragraph 5. below, the most we will or member partnership or joint venture), or you are a pay for the sum of all damages because any member (if you are a limited of all: liability company). a. "Bodily injury", "property damage" b. Any person (other than your "employee" "volunteer and medical expenses arising out of any one "occurrence"; and or worker") or any organization while acting as your b. "Personal and advertising injury" real estate manager. sustained by any one person or c. Any person or organization having organization; proper temporary custody of your is the Liability And Medical Expenses property if you die, but only: Limit shown in the Declarations. (1) With respect to liability arising out 3. Subject to the Liability And Medical of the maintenance or use of that Expenses Limit, the most we will pay for property; and all medical expenses because of "bodily (2) Until your legal representative has injury" sustained by any one person is the Medical Expenses Limit shown in the been appointed. Declarations. d. Your legal representative if you die, 4. The Damage to Premises Rented to You but only with respect to duties as Limit shown in the Declarations is the such. That representative will have all most we will pay for damages because your rights and duties under this of "property damage" to any one policy. premises while rented to you, or 3. Any organization you newly acquire or temporarily occupied by you with form, acquire or form, other than a permission of the owner. partnership, joint venture or limited 5. Aggregate Limits liability company, and over which you maintain ownership or majority interest, a. The most we will pay for: will qualify as a Named Insured if there is (1) All "bodily injury" and "property no other similar insurance available to damage" that is included in the that organization. However: "products -completed operations a. Coverage under this provision is hazard" is twice the Liability And afforded only until the 9d" day after Medical Expenses Limit. you acquire or form the organization (2) All: or the end of the policy period, whichever is earlier; and (a) "Bodily injury" and "property b. Business Liability Coverage does not damage" except damages because of "bodily injury" and apply to: (1) "Bodily injury" or "property damage" that occurred before you acquired or formed the �klgtc�� wo �cJ�N organization; and �_/REVIEWED&APPROVmSY:391-1003 0816 Includes copyrighted material of Insurance Services Office, Inc., with its perm P, v --� WA K4anagement Analyst "property damage" included in the "products -completed operations hazard"; (b) Plus medical expenses; (c) Plus all "personal and advertising injury" caused by offenses committed; is twice the Liability And Medical Expenses Limit. b. The Aggregate Limits of Insurance apply separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 6. The Limits of Insurance of SECTION II - LIABILITY apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. Liability and Medical Expenses General Conditions 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties in the Event of Occurrence, Offense, Claim or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. Hanover Insurance Group- ODF D785344 5701644 You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Separation of Insureds Except with respect to the Limits of Insurance under SECTION II - LIABILITY, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately tc whom claim brought. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permi cF Risk Mwag merd]) isian 1'x REVIEWED & APPROVED BY.- v --� RFsk janagement Analyst F. Liability and Medical Expenses Definitions 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in paragraph a. above; (2) The activities of a person whose home is in the territory described in paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the merits in the territory described in paragraph a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 7. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work", or your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assum another par injury" or to a third per: 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permi cF Risk Mwag merdDiAsian 1'x REVIEWED & APPROVED BY. - I ` . --� Rt janagement Analyst Hanover Insurance Group- ODF D785344 5701644 Tort liability means a liability that a. Bulldozers, farm machinery, forklifts would be imposed by law in the and other vehicles designed for use absence of any contract or agreement. principally off public roads; Paragraph f. does not include that part b. Vehicles maintained for use solely of any contract or agreement: on or next to premises you own or (1) That indemnifies a railroad for rent; "bodily injury" or "property c. Vehicles that travel on crawler damage" arising out of treads; construction or demolition operations, within 50 feet of any d. Vehicles, whether self-propelled or railroad property and affecting any not, on which are permanently railroad bridge or trestle, tracks, mounted: road beds, tunnel, underpass or (1) Power cranes, shovels, loaders, crossing; diggers or drills; or (2) That indemnifies an architect, (2) Road construction or resurfacing engineer or surveyor for injury or equipment such as graders, damage arising out of: scrapers or rollers; (a) Preparing, approving or failing e. Vehicles not described in paragraphs to prepare or approve maps, a., b., c. or d. above that are not drawings, opinions, reports, self-propelled and are maintained surveys, change orders, primarily to provide mobility to designs or specifications; or permanently attached equipment of (b) Giving directions or the following types: instructions, or failing to give (1) Air compressors, pumps and them, if that is the primary generators, including spraying, cause of the injury or damage; welding, building cleaning, or geophysical exploration, lighting (3) Under which the insured, if an and well servicing equipment; or architect, engineer or surveyor, (2) Cherry pickers and similar assumes liability for an injury or devices used to raise or lower damage arising out of the workers; insured's rendering or failure to render professional services, f. Vehicles not described in paragraphs in including those listed in paragraph a., b., c. or d. above maintained above and supervisory, primarily for purposes other than the inspection or engineering transportation of persons or cargo. services. However, self-propelled vehicles with 10. "Leased worker" means a person leased the following types of permanently attached equipment are not "mobile to you by a labor leasing firm under an agreement between you and the labor equipment" but will be considered leasing firm, to perform duties related to autos the conduct of your business. "Leased (1) Equipment designed primarily worker" does not include a "temporary for: worker". (a) Snow removal; 11. "Loading or unloading" means the (b) Road maintenance, but not handling of property: construction or resurfacing; a. After it is moved from the place where or it is accepted for movement into or (c) Street cleaning; onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, (2) Cherry pickers and similar devices mounted on automobile watercraft or "auto"; or or truck chassis and used to c. While it is being moved from an raise or lower workers; and f f " aircra t, watercra t or auto to the (3) Air compressors, pumps and place where it is finally delivered; generators, including spraying, but "loading or unloading" does not welding, building cleaning, include the movement of property by geophysical exploration, lighting means of a mechanical device, other than and well servicing equipment. a hand truck, that is not attached to the However, "mobile equipment" does aircraft, watercraft or "auto". not include any land vehicles that 12. "Mobile equipment" means any of the following types of land vehicles, are 8reTI ? RAMwagemed])Maiun including any attached machinery or 4%,q ra�EWEo&APPROVED BY. - equipment: °i .," ,. V 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permiss �� Risk Management Analpt law or other motor vehicle insurance law in the state where they are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Products - completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at the job site has been put to its intended use by any other person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as, created or used on, or transmitted to or from computer software, including systems and applications soft, disks, CD-ROMs. data processing media which electronically con 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permi cF Risk Mwag merdDiAsian \'x REVIEWED & APPROVED BY.- --� RFsk janagement Analyst Hanover Insurance Group- ODF D785344 5701644 18. "Suit" means a civil proceeding in which (2) The providing of or failure to damages because of "bodily injury", provide warnings or instructions. "property damage", "personal and c. Does not include vending machines advertising injury" to which this insurance or other property rented to or located applies are alleged. "Suit" includes: for the use of others but not sold. a. An arbitration proceeding in which 23. "Your work": such damages are claimed and to which the insured must submit or a. Means: does submit with our consent; or (1) Work or operations performed by b. Any other alternative dispute you or on your behalf; and resolution proceeding in which such (2) Materials, parts or equipment damages are claimed and to which furnished in connection with such the insured submits with our consent. work or operations. 19. "Temporary worker" means a person who b. Includes: is furnished to you to substitute for a permanent employee on leave or to (1) Warranties or representations meet seasonal or short-term workload made at any time with respect to the fitness, quality, durability, conditions. performance or use of "your 20. "Unmanned aircraft" means an aircraft work"; and that is not: (2) The providing of or failure to a. Designed; provide warnings or instructions. b. Manufactured; or SECTION III - COMMON POLICY CONDITIONS c. Modified after manufacture; (APPLICABLE TO SECTION I - PROPERTY AND SECTION II - LIABILITY) to be controlled directly by a person from within or on the aircraft. A. Cancellation 21. "Volunteer worker" means a person who 1. The first Named Insured shown in the is not your "employee", and who donates Declarations may cancel this policy by his or her work and acts at the direction mailing or delivering to us advance of and within the scope of duties written notice of cancellation. determined by you, and is not paid a fee, 2. We may cancel this policy by mailing or salary or other compensation by you or delivering to the first Named Insured anyone else for their work performed for written notice of cancellation at least: you. a. 5 days before the effective date of 22. "Your product": cancellation if any one of the a. Means: following conditions exists at any (1) Any goods or products, other than building that is Covered Property in this policy: real property, manufactured, sold, handled, distributed or disposed (1) The building has been vacant or of by: unoccupied 60 or more (a) You; consecutive days. This does not apply to: (b) Others trading under your (a) Seasonal unoccupancy; or name; or (c) A person or organization (b) Buildings nthe course of construction, , renovation or whose business or assets you addition. have acquired; and (2) Containers (other than vehicles), Buildings with 65% or more of the rental units or floor area materials, parts or equipment vacant or unoccupied are furnished in connection with such considered unoccupied under goods or products. this provision. b. Includes: (2) After damage by a covered (1) Warranties or representations cause of loss, permanent repairs made at any time with respect to to the building: the fitness, quality, durability, (a) Have not started, and performance or use of "your product"; and (b) Have not been contracted for, 391-1003 08 16 within 30 days of initial payment of loss. cF IZAMmaganad])Msian REVIEWED & APPROVED BY.- "Al Includes copyrighted material of Insurance Services Office, Inc., with its permis --� Risk hrPanagement Analyst (3) The building has: (a) An outstanding order to vacate; (b) An outstanding demolition order; or (c) Been declared unsafe by governmental authority. (4) Fixed and salvageable items have been or are being removed from the building and are not being replaced. This does not apply to such removal that is necessary or incidental to any renovation or remodeling. (5) Failure to: (a) Furnish necessary heat, water, sewer service or electricity for 30 consecutive days or more, except during a period of seasonal unoccupancy; or (b) Pay property taxes that are owed and have been outstanding for more than one year following the date due, except that this provision will not apply where you are in a bona fide dispute with the taxing authority regarding payment of such taxes. b. 10 days before the effective date of cancellation if we cancel for nonpayment of premium. c. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Concealment, Misrepresentation or Fraud This policy is void in any case of fraud by you as it relates to this policy at any time. It is also void if you or any other insured, at any time, intentionally conceals or misrepresents a material fact concerning: 1. This policy; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this policy. D. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. We have the right to make copies of these books and records. E. Inspections and Surveys 1. We have the right but not the duty to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions: a. Are safe and healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. F. Insurance Under Two or More Coverages If two or more of apply to the same I choose only one apply to that loss. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its perm this policy's coverages os Of Ride Management ciAsiun Aw F Jy/ \'x REVIEWED & APPROVED SY.- issi --� Risk Pjanagement Analyst Hanover Insurance Group- ODF D785344 5701644 1. SECTION I - PROPERTY, if two or more of However, if you agree in a written this coverage part's coverages apply to contract, written agreement, or the same loss or damage, we will not pay written permit that the insurance more than the actual amount of the loss or provided to any person or damage. organization included as an 2. SECTION II - LIABILITY, it is our stated Additional Insured under this intent that the various Coverage Parts, Coverage Part is primary and forms, endorsements or policies issued to non-contributory, we will not seek the named insured by us, or any company contribution from any other affiliated with us, do not provide any insurance available to that Additional duplication or overlap of coverage for the Insured which covers the Additional same claim, "suit", "occurrence", offense, Insured as a Named Insured except: accident, "wrongful act" or loss. We will (1) For the sole negligence of the not pay more than the actual amount of Additional Insured; or the loss or damage. (2) When the Additional Insured is If this Coverage Part and any other an Additional Insured under Coverage Part, form, endorsement or another liability policy. policy issued to the named insured by us, b. Excess Insurance or any company affiliated with us, apply to the same claim, "suit", occurrence, This insurance is excess over: offense, accident, "wrongful act" or loss, (1) Any of the other insurance, the maximum Limit of Insurance under all whether primary, excess, such Coverage Parts, forms, contingent or on any other basis: endorsements or policies combined shall (a) That is Fire, Extended not exceed the highest applicable Limit of Coverage, Builder's Risk, Insurance under any one Coverage Part, Installation Risk similar form, endorsement or policy. w coverage for "your work"; This condition does not apply to any Excess or Umbrella Policy issued by us (b) That is Property Insurance for specifically to apply as excess insurance premises rented to you or temporarily occupied by you over this policy. with permission of the owner; G. Liberalization (c) That is insurance purchased If we adopt an revision that would broaden p Y by you to cover your liability the coverage under this policy without as a tenant for "property additional premium within 45 days prior to or damage" to premises rented during the policy period, the broadened to you or temporarily coverage will immediately apply to this policy. occupied by you with H. Other Insurance permission of the owner; or 1. SECTION I - PROPERTY (d) If the loss arises out of the If there is other insurance covering the maintenance or use ofaircraft, "autos" or watercraft aircraft, same loss or damage, we will pay only for to the extent not subject to the amount of covered loss or damage in SECTION - LIABILITY, excess of the amount due from that other Exclusion g. Aircraft, Auto or insurance, whether you can collect on it or Watercraft; and not. But, we will not pay more than the applicable Limit of Insurance of SECTION 1 (2) Any other primary insurance - PROPERTY. available to you covering liability 2. SECTION II - LIABILITY for damages arising out of the premises or operations, or the If other valid and collectible insurance is products and completed available to the insured for a loss we operations, for which you have cover under SECTION II - LIABILITY, our been added as an additional obligations are limited as follows: insured by attachment of an a. Primary Insurance endorsement. This insurance is primary except when When this insurance is excess, we paragraph b. below applies. If this will have no duty under SECTION II - insurance is primary, our obligations LIABILITY to defend the insured are not affected unless any of the against any suit if any other other insurance is also primary. Then, insurer has a duty to defend the we will share with all that other insured against that "suit". If no other insurer defends, insurance by the method described in do sobut we paragraph c. below. , a cF �p ;o,i Jy/, & REVIEWED & APPROVED SY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permi --� W. janagement Analyst insured's rights against all those other premium in accordance with our rates and insurers. rules then in effect. c. When this insurance is excess over other 3. With our consent, you may continue this insurance, we will pay only our share of policy in force by paying a continuation the amount of the loss, If any, that premium for each successive one-year exceeds the sum of: period. The premium must be: (1) The total amount that all such other a. Paid to us prior to the anniversary insurance would pay for the loss in date; and the absence of this insurance; and b. Determined in accordance with (2) The total of all deductible and paragraph 2. above. self -insured amounts under all that Our forms then in effect will apply. If you other insurance. do not pay the continuation premium, this d. We will share the remaining loss, if any, policy will expire on the first anniversary with any other insurance that is not date that we have not received the described in this provision and was not premium. bought specifically to apply in excess of 4. Undeclared exposures or change in your the Limits of Insurance shown in the business operation, acquisition or use of Declarations for this Coverage. locations may occur during the policy e. Method of Sharing period that is not shown in the If all of the other insurance permits Declarations. If so, we may require an additional premium. That premium will be contribution by equal shares, we will follow this method also. Under this determined in accordance with our rates approach each insurer contributes equal and rules then in effect. amounts until it has paid its applicable J. Premium Audit Limit of Insurance or none of the loss 1. This policy is subject to audit if a premium remains, whichever comes first. designated as an advance premium is If any of the other insurance does not shown in the Declarations. We will permit contribution by equal shares, we compute the final premium due when we will contribute by limits. Under this determine your actual exposures. method, each insurer's share is based on 2. Premium shown in this policy as advance the ratio of its applicable Limit of premium is a deposit premium only. At the Insurance to the total applicable limits of close of each audit period, we will insurance of all insurers. compute the earned premium for that f. When this insurance is excess, we will period and send notice to the first Named have no duty under Business Liability Insured. The due date for audit premiums Coverage to defend any claim or "suit" is the date shown as the due date on the that any other insurer has a duty to bill. If the sum of the advance and audit defend. If no other insurer defends, we premiums paid for the policy period is will undertake to do so; but we will be greater than the earned premium, we will entitled to the insured's rights against all return the excess to the first Named those other insurers. Insured. I. Premiums 3. The first Named Insured must keep 1. The first Named Insured shown in the records of the information we need for Declarations: premium computation and send us copies at such times as we may request. a. responsible for the payment of all K. Transfer of Rights of Recovery Against Others premiums; and p to Us b. Will be the payee for any return premiums we pay. 1. Applicable to SECTION I - PROPERTY Coverage: 2. The premium shown in the Declarations was If for computed based on rates in effect at the time any person or organization to or the policy was issued. On each renewal, whom we make payment under this policy continuation or anniversary of the effective has rights to recover damages from date of this policy, we will compute the another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: ILL�y µ i3RMmag'ah1ed DiAsian REVIEWED & APPROVED BY.- 391-1003 0816 Includes copyrighted material of Insurance Services Office, Inc., with its permission , 'P, ° , `� --� Wsk hrPanagement Analyst Hanover Insurance Group- ODF D785344 5701644 a. Prior to a loss to your Covered We waive any right of recovery we may Property. have against any person or b. After a loss to your Covered Property organization with whom you have a only if, at time of loss, that party is written contract, permit or agreement one of the following: to waive any rights of recovery against such person or organization because of (1) Someone insured by this payments we make for injury or insurance; damage arising out of your ongoing (2) A business firm: operations or "your work" done under a (a) Owned or controlled by you; contract with that person or organization and included in the or "products -completed operations (b) That owns or controls you; or hazard". (3) Your tenant. This condition does not apply to You may also accept the usual bills of Medical Expenses Coverage. lading or shipping receipts limiting the L. Transfer of Your Rights and Duties Under liability of carriers. This Policy This will not restrict your insurance. Your rights and duties under this policy 2. Applicable to SECTION II - LIABILITY may not be transferred without our written Coverage: consent except in the case of death of an individual Named Insured. If you die, your If the insured has rights to recover all or rights and duties will be transferred to your part of any payment we have made legal representative but only while that under this Coverage Part, those rights legal representative is acting within the are transferred to us. The insured must scope of their duties as your legal do nothing after loss to impair such representative. Until your legal rights. At our request, the insured will representative is appointed, anyone with bring suit or transfer those rights to us proper temporary custody of your property and help us enforce them. will have your rights and duties but only with respect to that property. µ ILLi3RMmag'ah12YdDiAsIOR REVIEWED & APPROVED BY.- 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissi , --� Wsk hrPanagement Analyst Hanover Insurance Group- ODF D785344 5701644 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit Included 1 2. Additional Insured - Broad Form Vendors Included 2 3. Alienated Premises Included 3 4. Broad Form Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators Included 3 5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3 6. Personal and Advertising Injury - Broad Form Included 4 7. Product Recall Expense Included 4 Product Recall Expense Each Occurrence Limit $25,000 Occurrence 5 Product Recall Expense Aggregate Limit $50,000 Aggregate 5 Product Recall Deductible $500 5 8. Unintentional Failure to Disclose Hazards Included 6 9. Unintentional Failure to Notify Included 6 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION II - LIABILITY: 1. Additional Insured by Contract, Agreement or Permit The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured by Contract, Agreement or Permit a. Any person or organization with whom you agreed in a written contract, written agreement or permit to add such person or organization as an additional insured on your policy is an additional insured only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit; (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. b. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured. (3) Applies on a primary basis if that is required by the written contract, written agreement or permit. (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its perm cF IZAMwagk:men ])Msian Jy/\'x REVIEWED & APPROVED BY.- V"° --� Risk Pjanagement Analyst c. This provision does not apply: The most we will pay on behalf of the (1) Unless the written contract or written additional insured for a covered claim is the agreement was executed or permit was lesser of the amount of insurance: issued prior to the "bodily injury", 1. Required by the contract, agreement or "property damage", or "personal injury permit described in Paragraph a.; or and advertising injury". 2. Available under the applicable Limits of (2) To any person or organization included Insurance shown in the Declarations. as an insured by another endorsement This endorsement shall not increase the issued by us and made part of this applicable Limits of Insurance shown in the Coverage Part. Declarations (3) To any lessor of equipment: e. All other insuring agreements, exclusions, (a) After the equipment lease expires; or and conditions of the policy apply. (b) If the "bodily injury", "property 2. Additional Insured - Broad Form Vendors damage", "personal and advertising The following is added to SECTION II - injury" arises out of sole negligence LIABILITY, C. Who Is An Insured: of the lessor. (4) To any: Additional Insured - Broad Form Vendors (a) Owners or other interests from whom a. Any person or organization that is a vendor with whom you agreed in a written contract land has been leased if the "occurrence" or written agreement to include as an takes place or the additional insured under this Coverage Part offense is committed after the lease is an insured, but only with respect to liability for the land expires; or for "bodily injury" or "property damage" (b) Managers or lessors of premises if: arising out of "your products" which are (i) The "occurrence" takes place or distributed or sold in the regular course of the offense is committed after the vendors business. you cease to be a tenant in that b. The insurance afforded to such vendor premises; or described above: (ii) The "bodily injury", "property (1) Only applies to the extent permitted by damage", "personal injury" or law; "advertising injury" arises out of (2) Will not be broader than the insurance structural alterations, new which you are required by the contract or construction or demolition agreement to provide for such vendor; operations performed by or on behalf of the manager or lessor. (3) Will not be broader than coverage 5 To "bodilyinjury", "property dama e" or () provided to any other insured; and .ig "personal and advertising injury" arising 4 Does not apply if the "bodily injury", () PP Y Y out of the rendering of or the failure to "property damage" or "personal and render any professional services. advertising injury" is otherwise excluded This exclusion applies even if the claims from coverage under this Coverage Part, including any endorsements thereto against any insured allege negligence or other wrongdoing in the supervision, c. With respect to insurance afforded to such hiring, employment, training or vendors, the following additional exclusions monitoring of others by that insured, if apply: the "occurrence" which caused the The insurance afforded to the vendor does "bodily injury" or "property damage" or not apply to: the offense which caused the "personal and advertising injury" involved the (1) "Bodily injury" or "property damage" for rendering of or failure to render any which the vendor is obligated to pay professional services by or for you. damages by reasons of the assumption of liability in a contract or agreement. This d. With respect to the insurance afforded to exclusion does not apply to liability for these additional insureds, the following is damages that the insured would have in added to SECTION II - LIABILITY, D. Liability the absence of the contract or and Medical Expense Limits of Insurance: agreement; (2) Any express warranty unauthorized by you; µ ILLi3RMwag'med DiAsiun F& REVIEWED & APPROVED SY.- Jy/ 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permis , ' .. . ° , Rusk K4anagement Analyst (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained within the exclusion in subparagraphs (4) or (6) above; or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) "Bodily injury" or "property damage" arising out of an "occurrence" that took place before you have signed the contract or agreement with the vendor. (10)To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (11)Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. Hanover Insurance Group- ODF D785344 5701644 The most we will pay on behalf of the vendor for a covered claim is the lesser of the amount of insurance: 1. Required by the contract or agreement described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. Alienated Premises SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage k. Damage to Property, paragraph (2) is replaced by the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 4. Broad Form Property Damage - Borrowed Equipment, Customers Goods, Use of Elevators a. The following is added to SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, k. Damage to Property: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. For the purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Customers goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used in your manufacturing process. c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. 5. Incidental Malpractice - Employed Nurses, EMT's and Paramedics d. With respect to the insurance afforded to SECTION II - LIABILITY, C. Who Is An Insured , these vendors, the following is added to paragraph 2.a.(1)(d) does not apply to a nurse, SECTION II - LIABILITY, D. Liability and Medical Expense Limits of Insurance: Ride Mwagzmed])Msian Jy/ F& REVIEWED & APPROVED SY.- 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permi . , --� Risk janagement Analyst emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 6. Personal Injury - Broad Form a. SECTION II - LIABILITY, B. Exclusions, 2. Additional Exclusions Applicable only to "Personal and Advertising Injury", paragraph e. is deleted. b. SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, 14. "Personal and advertising injury", paragraph b. is replaced by the following: b. Malicious prosecution or abuse of process. c. The following is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, Definition 14. "Personal and advertising injury": "Discrimination" (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such "discrimination" is: (1) Not done intentionally by or at the direction of: (a) The insured; (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an "employee", not to the employment, prospective employment or termination of any person or persons by an insured. d. For purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Discrimination" means the unlawful treatment of individuals based upon race, color, ethnic origin, gender, religion, age, or sexual preference. "Discrimination" does not include the unlawful treatment of individuals based upon developmental, physical, cognitive, mental, sensory or emotional impairment or any combination of these. e. This coverage does not apply if liability coverage for "personal and advertising injury" is excluded either by the provisions of the Coverage Form or any endorsement thereto. 7. Product Recall Expense a. SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, o. Recall of Products, Work or Impaired Property is replaced by the following: o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". However, the exception to the exclusion does not apply to "product recall expenses" resulting from: (4) Failure of any products to accomplish their intended purpose; (5) Breach of warranties of fitness, quality, durability or performance; (6) Loss of customer approval, or any cost incurred to regain customer approval; (7) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (8) Caprice or whim of the insured; (9) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (10)Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; or (II)Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found. b. The following is added to SECTION II - LIABILITY, C. Who Is An Insured, paragraph 3.b.: "Product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. Ride Mw agk:med DiAsian REVIEWED & APPROVED SY.- 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permiss , --� Risk Management Analyst c. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance: Product Recall Expense Limits of Insurance a. The Limits of Insurance shown in the SUMMARY OF COVERAGES of this endorsement and the rules stated below fix the most that we will pay under this Product Recall Expense Coverage regardless of the number of: (1) Insureds; (2) "Covered Recalls" initiated; or (3) Number of "your products" withdrawn. b. The Product Recall Expense Aggregate Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. c. The Product Recall Each Occurrence Limit is the most we will pay in connection with any one defect or deficiency. d. All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence". e. Any amount reimbursed for "product recall expenses" in connection with any one 'occurrence" will reduce the amount of the Product Recall Expense Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. f. If the Product Recall Expense Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Product Recall Expense Each Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. g. Product Recall Deductible We will only pay for the amount of "product recall expenses" which are in excess of the $500 Product Recall Deductible. The Product Recall Deductible applies separately to each "covered recall". The limits of insurance will not be reduced by the amount of this deductible. Hanover Insurance Group- ODF D785344 5701644 of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. The Product Recall Expense Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. d. The following is added to SECTION II - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. e. For the purposs of this endorsement, the following definitions are added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". 2. "Product recall expense(s)" means: a. Necessary and reasonable expenses for: (1) Communications, including radio or television announcements or printed advertisements including stationary, envelopes and postage; We may, or will if required by law, pay all or any part of any deductible amount, if applicable. Upon notice of our payment Ride Mwagzmed])Msian Jy/ F& REVIEWED & APPROVED SY.- 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permi . , --� Risk janagement Analyst (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees"; (5) Expenses incurred by "employees" including transportation and accommodations; (1) If the "products - completed operations hazard" is excluded from coverage under this Coverage Part including any endorsement thereto; or (2) To "product recall expense" arising out of any of "your products" that are otherwise excluded from coverage under this Coverage Part including endorsements thereto. 8. Unintentional Failure to Disclose Hazards (6) Expenses to rent additional warehouse or storage space; (7) Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are g. required to avoid "bodily injury" or "property damage" as a result of such disposal, you incur exclusively for the purpose of recalling "your product"; and b. Your lost profit resulting from such "covered recall". f. This Product Recall Expense Coverage does not apply: The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions: Representations We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. Unintentional Failure to Notify The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Your rights afforded under this Coverage Part shall not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily injury", "property damage" or "personal and advertising injury" is not covered under this Policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. Ride Mw agk:med DiAsian REVIEWED & APPROVED SY.- 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permiss --� Risk Management Analyst NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Java Connections. LLC Name: Project A-2020-249A Number: Project Kiosk Support Agreement Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION COI TYPE OF INSURANCE FILE NAME NUMBER DATE DATE CERT- AUTOMOBILE LIABILITY ODFD78534404 12/15/2023 11/30/2022 560878378.pdf CERT- GENERAL LIABILITY ODFD78534404 12/15/2023 11/30/2022 560878378.pdf ACORD Form PROFESSIONAL/CYBER ESL0339596353 02/01/2024 01/27/2023 20230127- LIABILITY 102007.pdf Certificate_UB- WORKERS COMPENSATION AND UB7P2720972242 03/15/2023 11/02/2022 7P272097-22- EMPLOYERS' LIABILITY 42_2699375.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 1/31/2023 6:14 PM NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Java Connections. LLC Name: Project A-2020-249B Number: Project End-User License Agreement Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATIOCOI TYPE OF INSURANCE FILE NAME NUMBER N DATE DATE AUTOMOBILE 11/30/202 ODFD78534404 12/15/2023 CERT-560878378.pdf LIABILITY 2 11/30/202 GENERAL LIABILITY ODFD78534404 12/15/2023 CERT-560878378.pdf 2 PROFESSIONAL/CYBE01/27/202ACORD Form 20230127- ESL0339596353 02/01/2024 R LIABILITY 3 102007.pdf WORKERS santa_ana_1_Certificate_UB COMPENSATION AND UB7P27209723402/24/202 03/15/2024 -7P272097-23- EMPLOYERS' 2 3 42_2885062.pdf LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 3/14/2023 4:59 PM