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HomeMy WebLinkAboutSTRADLING YOCCA CARLSON & RAUTH A PROFESSIONAL CORPORATIONuvSURANCE ON FILE A-2021-022 o WORK MAY PROCEED UNTIL INSURANCE EXPIRES EXHIBIT 3 '— CLERK OF COUNCIL Q DATE: \ LEGAL SERVICES AGREEMENT WITH 0. FM$A �S2Yaio��dG� 1 �O) �a Stradline Yocca Carlson & Rauth A Professional Corporation This AGREEMENT, made and entered into this Sixteenth (16) day of February, 2021, by and between Stradling Yocca Carlson & Rauth A Professional Corporation ("Bond Counsel"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("City"). RECITALS A. The City of Santa Ana desires to employ Bond Counsel to provide legal services described as Disclosure, Bond and Validation Counsel Services related to a proposed issuance for Pension Obligation Bonds (the "Bonds"), as further detailed below. B. Bond Counsel represents that they are licensed to practice law in the State of California, have special experience and knowledge related to administrative and litigation matters concerning the above services, and desire to undertake such services. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. RETENTION OF BOND COUNSEL On an as -needed basis, and at the sole discretion of the City, City hereby agrees to and does retain Bond Counsel, for the compensation hereinafter specified, to provide, and Bond Counsel agrees to provide, legal services in connection with the judicial validation and issuance of Bonds. Such services shall include the rendering of legal opinions (hereinafter called the "opinions") pertaining to the issuance of the Bonds to the effect that • The Bonds have been properly issued and are valid and binding obligations; and The essential sources of security for the Bonds have been legally provided; and • Interest on the Bonds is exempt from California personal income taxation. Bond Counsel's services will also include: • Researching applicable laws and ordinances relating to the proposed Bonds; Attending conferences and consulting with City staff and counsel regarding such laws, and the need for amendments thereto, or additional legislation; • Participating in meetings, conferences or discussions with any financial advisors, underwriters or other experts retained by the City and with representatives of PERS with respect to the issuance of the Bonds; 4831-7382-2682v2/200434-0005 • Prosecuting a validation action in Orange County Superior Court (the "Validation"); • Supervising and preparing documentation of the steps to be taken through the issuance of the Bonds, including: i. Drafting all resolutions, notices, rules and regulations and other legal documents required for the issuance of the Bonds, and all other documents relating to the security of the Bonds, in consultation with the City, the City's financial advisor, underwriter and other experts; 2. Drafting and 'filing the Validation; 3. Preparing the record of proceedings for the authorization, sale and issuance of the Bonds; 4. Assisting in the preparation of the portions of the official statement for the sale of the Bonds which relate to the terms of the Bonds and the firm's legal opinion delivered with respect to the Bonds; 5. Reviewing the purchase contracts or the bidding documents relating to the sale of the Bonds and participating in the related negotiations; 6. Participating in meetings and other conferences scheduled by the City, the City's financial advisor or the underwriter; 7. Consulting with prospective purchasers, their legal counsel and rating agencies; 8. Consulting with the City concerning any legislation or litigation which may affect the Bonds, the security for the Bonds, or any other matter related to the issuance of the Bonds; 9. Consulting with any trustee or fiscal agent for the Bonds and their counsel; 10. Preparing the form of the Bonds, and supervising their production or printing, signing, authentication and delivery; 11. Rendering the final approving opinion as to the validity of the Bonds for use and distribution upon their issuance; and 12. Rendering a legal opinion to the underwriter or purchaser of the Bonds as to the applicability of the registration requirements of federal securities laws and a statement as to the fair and 4831.7382-2682v2/200434.0005 accurate nature of those portions of the Official Statement described in (d) above. In addition to the services set forth above, Bond Counsel agrees to prepare the Official Statement and will provide a letter addressed to the underwriter or purchaser of the Bonds to the effect that, to the best knowledge of Bond Counsel, the offering document (exclusive of financial, statistical and certain other information therein) does not misstate a material fact or omit a material fact required to be stated therein. Bond Counsel accepts said retention and agrees to perform, in a timely and efficient manner, all such services as may be requested by the City, 2. COMPENSATION FOR SERVICES RENDERED a. For the services related to the filing of the Validation, Bond Counsel will be paid a fee of $20,000; provided, however, if the Validation complaint is answered or the relief requested by the City is otherwise contested, any fees incurred with respect to the challenged Validation will be billed will be billed at the rate of $600 perhour for Partners and $350 for all Associates. Time will be billed in 1/10th of an hour increments. b. For the remainder of services to be rendered as Bond Counsel and Disclosure Counsel to the City in connection with the issuance of the Bonds, Bond Counsel will be paid a flat fee of $95,000. C. The fees referenced in this Section 2(a) and (b) shall be paid to Bond Counsel on the closing date and shall be payable solely from Bond proceeds; provided that, if the City does not elect to pursue the issuance of the Bonds following the filing of the Validation, the City shall pay Bond Counsel the $20,000 referenced above plus the expenses incurred as specified below and provided further that if the Validation is answered, such fees will be billed monthly and shall be payable within sixty (60) days following the receipt of each invoice. d. The fees referenced in this Section assume that the Bonds will be issued within eighteen months from the date of this Agreement. In the event the Bonds are not issued within that time, Bond Counsel reserves the right to make such modifications to the foregoing fees as the City and Bond Counsel agree, as justified by reason of increased cost to Bond Counsel and the then prevailing fees for disclosure counsel and bond counsel services for Bonds. e. The total sum to be expended under this Agreement, shall not exceed $154,500, including any extension periods f City agrees to reimburse Bond Counsel for out-of-pocket expenses, including but not limited to, mileage, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. In-house printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents. per page. Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service. Any costs in excess of $5,000 require City approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. 4831.7382-2682v2/200434-0005 3. METHOD OF PAYMENT Bond Counsel shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Bond Counsel on its behalf are due and owing within 60 days of the work being performed. At Bond Counsel's discretion, they may choose to defer payment. Notwithstanding this, City agrees that it shall tender payment within 60 days of written demand by Bond Counsel for payment. Unless expressly stated thereon, monthly statements generated by Bond Counsel shall not constitute written demand, but shall simply be a written reflection of work performed and fees incurred. 4. CONTROL OF LEGAL MATTERS Bond Counsel agrees that each and every matter or proceeding in which they undertake to assist the City , as aforesaid, shall be and remain under, and subject to the control and direction of City at all stages, and that they shall at all times keep the City informed of all matters pertaining thereto. City will keep Bond Counsel informed of all significant developments in matters relating to any representation undertaken by Bond Counsel. Bond Counsel further agrees, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. REPORTING REOUIREMENTS Bond Counsel agrees to keep the City, and any other person(s) designated by the City , informed of significant events in the Actions, including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date. 6. TERM The term of this Agreement shall commence on the date first written above and terminate on August 16, 2022, unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be extended for up to one (1) year upon a writing executed by both parties, including the City Manager and the City Attorney. 7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Bond Counsel is and shall be independent contractors, and not officers or employees of City. 4831-7382-2682v21200434-0005 8. INSURANCE Bond Counsel shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Bond Counsel fails or refuses to produce and 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 Bond Counsel' right to be paid for its time and materials expended prior to notification of termination. 9. INDEMNIFICATION Bond Counsel agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Bond Counsel's negligent or wrongful performance or conduct related to this Agreement. 10. CONFIDENTIALITY All information and documents shared with Bond Counsel as well as all work performed by Bond Counsel in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Bond. Counsel and City shall be treated as protected by the attorney -client privilege and the attorney work product doctrine. Accordingly, information received by Bond Counsel from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City's prior written approval. Bond Counsel shall provide materials directly to the City Attorney's Office or to the Finance and Management Services Agency. All such information and any written product in connection with Bond Counsel's retention under this Agreement, shall be marked as "PRIVILEGED AND CONFIDENTIAL / ATTORNEY -WORK PRODUCT" and shall be the property of the City, and shall be returned/provided to the City with all copies upon the request of the City. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Bond Counsel, disclosed in a publicly available source; (c) is in rightful possession of the Bond Counsel without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Bond Counsel without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Bond Counsel covenants that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. Bond Counsel represents many of the underwriting firms active in the issuance of Bonds of participation and other municipal financings. The City hereby provides its informed written consent to Bond Counsel's representation of such underwriting firms on matters unrelated to the Bonds, provided. that, before Bond Counsel undertakes such a matter, it has first reasonably concluded that it can represent both the City's and the underwriting firms' interests without compromising Bond Counsel's independent judgment or lessening its vigorous representation of either client and also takes timely and effective steps to protect all confidential information provided by and to each client. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or 4831.7382-2682v2/200434-0005 mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714•) 647-6515 To Bond Counsel: Brian Forbath Stradling Yocca Carlson & Rauth, A Professional Corporation 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 bforbathasycr.com (949)725-4193 (direct) (949)725-4000 (office main) (949)823-4000 (facsimile) A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Bond Counsel, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Bond Counsel. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Bond Counsel or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or 4831-7382-2682v2l200434.0005 otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Bond Counsel, Bond Counsel may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Bond Counsel retained by City. 15. TERMINATION This Agreement maybe terminated by City at anytime. In such event, Bond Counsel shall be entitled to receive and the City shall pay Bond Counsel compensation for all services performed by Bond Counsel prior to receipt of such notice of termination. As a condition of such payment, Bond Counsel shall deliver to the City all files and records generated under this Agreement as of such date. Bond Counsel may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution ofthe new counsel. 16. DISCRIMINATION Bond Counsel shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age; national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Bond Counsel affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION —VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 19. COUNTERPARTS: SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. City further acknowledges that it has read and received a copy the full text Section 6148 of the California Business and Professions Code prior to signing this Agreement. 7 4831-7382-2682v2/200434-0005 A-2021-022 20. NO GUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Bond Counsel have been retained, that law is not an exact science, that Bond Counsel has made no representations or guarantees of success regarding the conclusion of any particular matter, and that all expressions relative thereto are matters of Bond Counsel's opinion only. In other words, Bond Counsel makes no representations or guarantees of success regarding any matter. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: John M.Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Kathryn Downs, CPA Finance and Management Services Agency 1831.7382-2682% V200434.0005 CITY OF SANTA ANA Kr City Manager STRADLING YOCCA CARLSON RAUTH, A PROFESSIONAL CORPORATION By: Name: Brian Forbath Title: President Final Audit Report Legal Services Agreement .. signed Stradling and CAO Created: 2021-02-08 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAPnHP1UaMkgOXfnXvigGB8orWHYJ3pbaa "Stradling Yocca_ Legal Services Agreement 4831-7382-2682 _ signed Stradling and CAO" History !n Document created by Kristin Andrade (kandrade@santa-ana.org) 2021-02-08 - 8:19:02 PM GMT- IP address: 98.163.69.210 2- * Document emailed to Kathryn Downs (kdowns@santa-ana.org) for signature 2021-02-08- 8:19:23 PM GMT Email viewed by Kathryn Downs (kdowns@santa-ana.org) 2021-02-08 - 8:44:26 PM GMT- IP address: 108.240.154.229 de Document e-signed by Kathryn Downs (kdowns@santa-ana.org) Signature Dale: 2021-02-08 - 8:44:37 PM GMT - Time Source: server- IP address: 108.240.154.229 Agreement completed. 2021-02-08 - 8:44:37 PM GMT ti rou< lti� a Client#: 1252713 Francine R. Villareal villuailly s"°`a nyF,a0d0e a. 305STRADYOC Data: 2021 o3.09 19 sa:4)-09 pe ACORDTa CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 3/08/2021 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kimberly Elfring McGriff Insurance Services o 877 297-9247 a/c° No EXl : 714 941-2822 A C, Mal 2400 E Katella Ave Suite 1100 ApDRIEss, kelfring@MCGriff.com Anaheim, CA 92806 INSURER(S) AFFORDING COVERAGE NAICN INSURER A: Vigilant Insurance Company 20397 INSURED INSURER B: Federal Insurance Company 20281 Stradling Yocca Carlson & Rauth APC 660 Newport Center Drive, Suite #1600 INSURER C: Newport Beach, CA 92660 INSURER D: INSURER E : 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INRR TYPE OF INSURANCE ADDLSUB INSR WVD POLICYNUMSER POLICY EFF MMIDDNYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERALLIABILITY CLAIMS -MADE OCCUR X 35327003 05/01/2020 05/01/2021 EACH OCCURRENCE $1,000000 PREMISES EaEoccorrance $1 00O 000 MED EXP (Any one Parson) $1 O 000 PERSONAL B ADV INJURY $1 000,000 GEWL X AGGREGATE LIMIT APPLIES PER: POLICY J COT LOC GENERALAGGREGATE $2,000,000 PRODUCTS $INCLUDED D $ OTHER: B AUTOMOBILE LIABILITY 74988851 0510112020 05/01/2021 COMBINED SINGLE LIMIT Eaeccldent 1,000,000 BODILY INJURY (Par person) $ ANYAUTO SCHED AUTOS ONLY AUTOSULED BODILY INJURY (Per aocldent) $ X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE Per eccldenl) $ B X UMBRELLA LIAB X OCCUR 79726620 5/01/2020 05/01/2021 EACHOCCURRENCE $27OOO OOO AGGREGATE $27,000 000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? NIA 2071700994 11/0312020 11/03/2021 X PER OTH- E.L. EACH ACCIDENT $1 OOO OOO E.L. DIGEASE-EA EMPLOYEE $1 000,000 (Mandatory in NH) If yes, describe under OE8 RIPTIONOFOPERATIONS 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) RE: Contract Agreement; RFP No. 20.160 Certificate Holders name is amended to include: City of Santa Ana, its officers, employees, agents, volunteers and representatives Certificate holder is included as Additional Insured including Primary/Noncontributory wording with respects to General Liability as required by written contract, per form attached. 60 Day Notice of Cancellation/Nonrenewal (20 Day in the event of non-payment) applies per form attached. City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th floor Santa Ana, CA 92701 ACORD 25 (2016/03) 1 Of 1 #S27490946/M25661247 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 3I-AftDIH_ oro--c -&w ©1988-2015 ACORD The ACORD name and logo are registered marks of ACORD y.� RiaFiHanaBementDlWsian r� REVIEWED&APtPIRo�}vEDSr/ kg,� ; FroA.Aa�at h. YyLcfiA4RL �4 �1. Risk ManagementAnalyst This page has been left blank intentionally. ', v,g Pisk MomgtmnttDlw[on �R^EVIEWED & APPRwm By. I"- Risk Management Analyst Liability Insurance Endorsement Policy Period 05/01/2020 05/01/2021 Effective Date Policy Number 35327003 Insured Stradling Yocca Carlson & Rauth APC Nameof Company VIGILANT INSURANCE COMPANY Date Issued This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured, the following provision is added. Who Is An Insured Additional Insured - Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). Liability insurance Additional Insured- Scheduled Person Or Organization continued Form 80-02-2367(Rev. 5-07) Endorsement �y, Risk Manggzmeart➢Mslon We YY � REVIE WED m B pArPaovv: 8I Iio.7 t�6.•Ncvese Ride R7anagement Analyst Who Is An Insured Additional Insured - with respect to any assumption of liability (of another person or organization) by them in a Scheduled Person contract or agreement. This limitation does not apply to the liability for damages, loss, cost or Or Organization expense for injury or damage, to which this insurance applies, that the person or organization (continued) would have in the absence of such contract or agreement. Under Conditions, the following provision is added to the condition titled Other Insurance Conditions Other Insurance — If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Additlonal Insured- scheduled Person Or Organization last page Form 80-02-2367(Rev. 5-07) Endorsement "Ml� RIAManagemedDhisinn �_ rrREMEWED&@@APPROVED Br d �l r'AlYYirhC h V { Risk Management Analyst Stradling Yocca Carlson & Rauth APC 35327003 c Conditions Audit Of Books And Records Common Policy Conditions Contract The following Conditions are included under each part of the policy, unless stated otherwise. We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years afterwards. �:ttaraxas+a�nxasaiaxesrsas>sRSRxiei:wf::z, aB;aR:exzss>3':xnzRx:c,>sF:xx.:rrt<yR:Riazzs.�wzrs.,`:s:Rasa'.::ow .. Mxs.x..a;s;>.....:�<.;�.a,:;..s<:,nx>x..•>uzias-^•.,.rar:rRmr:.xe.:<:i:.mr:.„ Cancellation The first named insured may cancel dtis policy or any of its individual coverages at any time by sending us a written request or by returning the policy and stating when thereafter cancellation is to take effect, We may cancel this policy or any of its individual coverages at any time by sending to the fast named insured a notice 60 days (20 days in the event of non-payment of premium) in advance of the cancellation date. Our notice of cancellation will be mailed to the first named insured's last known address, and will indicate the date on which coverage is terminated. If notice of cancellation is mailed, proof of mailing will be sufficient proof of notice. The earned premium will be computed on a pro rata basis. Any unearned prerrum will be returned as soon as practicable. RAR4. 5 xh. �:3%x'R�FmnK'r:F:'a'r.�'4.:fia<'.f:agif}/:;a3K:g::)r!i.^n3k'k:ftf:':Q«;:::fffMfiR.FFaR%iXe.'@�i<q<::33�ffRkig:fifi.S'S::H:af:\hf Changes This policy can only be changed by a written endorsement that becomes part of this policy. The endorsement must be signed by one of our authorized representatives. fxsiii<arsae::ew%:xcxiixax:s:rxeixrriax.a:!r:::sfa�ar,:xReR�c:xi>xe:.:few33ef::RaYaf�cnx::`.r�r.>rimrw.:.e^ai+matt:::szzn-e:xce:iz::ac�::'ms�x:.<::«�:;aieeta: eaa�'zr.Rnx::R;ir...::>vzfR:.'rwxx�z:::::a>:zizzssf ;'xz:us Compliance By Insureds We have no duty to provide coverage under this policy unless you and any other involved insured have fully complied with all of the terms and conditions of the policy. Compliance With This insurance does not apply to the extent that trade or econorrc sanctions or other laws or Applicable Trade regulations prohibit us from providing insurance. Sanctions :'.�^s`isfi4'k:Ex.#:^:,s,:z#Sx..:..a...#......:.ar,E Rk.Ya'4:i8i`F.:i..8:a.:,,.N.:R�'i:..:.. x s:k....✓iN�g:R::`>.a(Y.;'�8�$i1. �#Eie,...n:rdd,,...,4aG&, . n.-.#a'Y�3:3'SS3:45,<.":3,�#:Fjz"4s8f::isE::x#<3:;:R33:8AkR8:E:niEiES�. $:R1r:�'3 R23:;7 Conformance Any terms of this insurance which are in conflict with the applicable statutes of the State in which this policy is issued are amended to conform to such statutes. :uaa.:faaffRr.YFF::33iYFiR>.Saf'a:)A..tla::fRSiiw<a4.:a<::qi<fRR:ifG:i::Riii>.k:R:Ri3tl:Yii fFavgy3gR:iduLifff::8f:effR3.�FP:Ty:;•y :: „x.. o'xwx'.xa�..a ... .0 ..v.:.;...y..:.:,<x„.... F. v.rea.n .x v: First Named Insured The person or organization first named in the Declarations is primarily responsible for payment of all premiums. The first named insured will act on behalf of all other named insureds for the giving and receiving of notice of cancellation or nomenewal and the receiving of any return premiums that become payable under this policy. S:::aitiaanti'SkiN:Y.v:3kfRYaaf`:R%::E:,n„n,RS33:9.@33;.@„wR::&33M':SR:•EX6r..ngR.fFfFR:^�3::Gf).xY::::F.e,.:;:knsa.:<R:q:.: ry R..S..:Y.,.....::a::ax"a>isr.'a::RXR.MR'dk:'v.:Rtiit:'CRY:YY.R4`.Y:N"<e>':Xfi>'✓:ao�Y<'o)'fR�L<X�F'FRYRSYau..Ra:R:a". Inspections And Surveys We may: make inspections and surveys at any time; give you reports on the conditions we find; and recommend changes. Common Policy Conditions Form 60-02-9090 fRev. 6-05) Contract f � P.iekManagrmentD[xelan _s REmEWED&Apmcv &r I `d F44w,-ttat Z V." 11 `' Risk Management Malys[ 5' Inspections And Surveys Any inspections, surveys, reports or recommendations relate only to insurability and the premiums (continued) 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. And we do not warrant that conditions: are safe or healthful; or comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations for us. .. `:,t:^:r:-:%Rsv Pce`;,r,:..;«:r`:#:� .:. ;.,:...,KK ..: ,, Y.;.;:..�.: ;'en,:er...azz: o: ,F%o'.{:'Y:SS':,8>..0....,..<....<SS....nn�..,..,,,,.,.F.,#,£.�,..�.....#Fiz#,:.£�:53......�„Sc.,..T,.:..K..__.,tkua��..:`L':i`ii<S":i4^i'krnSbS<^.:Sk wa�>`%?i.:tc.ReF'.:::iFI:S"w3"�.M8'##Sk„#i:&nw>.,.S.,.hhh..r<'afi"�"�Fwi:..,'C.st!;::RJ2 Titles Of Paragraphs The fides of the various paragraphs of this policy and endorsements, if any, attached to this policy are inserted solely for convenience or reference and are not to be deemed In any way to limit or affect the provisions to which they relate. kRi:MII: ,.S:y'.):L59i R:AJhLX%:?E.gk1\NY>•'LSMr:.::'::::R::b`).;>.;isRL`.:i8:.:.'A:;N'.h%.Yx»iiiG:#it:;:giESYAUYYRf<#{6L::VUt tttS'fitl:SYi.V'R:.SOgY.tttt'iR.Y:\fia JN Transfer Of Rights And Your rights and duties under this insurance may not be transferred without our written consent. Duties However, if you die, then your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties as your legal representative, or to anyone having temporary custody of your property until your legal representative has been appointed. ?ai#:l:;:ty#:ERL'S.'a.:,m,,::��:tlr`hN.Q3:;<R:YC.LiF:h'>wrail'v.'fi:iR'!+i'+,.n.+r,:r#:::#R:R'C.E#A'GY::^.'G3r,3'Re"%:ciifiSYn##e'Y:%ri,:^RRKYZ(y'#R,+:>::SKY/Y,S•$fEf.O",P'R'urS:FT:P.uf;-.,:Re�4xFri'n.:CR �%iai».».n::R'••. •••... R When We Do Not Renew If we. decide not to renew this policy, we will mail or deliver to the first named insured's last known address, written notice of the nomenewal not less than 60 days before the expiration date. If notice of nomenewal is mailed, proof of mailing will be sufficient proof of notice. Common Policy Conditions Form 80-02-9090 (Rev. 6-05) Contract w � Risk MsnageuntEDtvls[on REVIEWED & APPRovm HV FIM.&:44 Z VZ" ilia. Risk Management Analyst N� s Policy #35327003 Liability insurance General Liability Table Of Contents Section Page No. Cavera�es 3 investigation, Defense And Settlements 4 Supfementary Payments 4 Covers a TerrftoI7 5 Who Is An Insured 5 Limits Of Insurance. 9 Badly Infury/Properly t)ama�e Exalusians 10 Advertising Injury/Personal Injury Exclusions 14 Medical eases Exclusions 15 Policy Exclusions 16 Conditions 20 Deflatfi4ns_ _-., 25 Form 80-02-2000 (Rev. 4-01) Contmot L R ,� �. RlekMenegzmentD[vision M y(r*I /R�EVIEVEO&APPROVED BY' MW� Y �tNrd9�1 �, YaLfg�eCF.i Risk Management Analyst THIS PAGE INTENTIONALLY LEFT BLANK Form 80-02-2000 (Rev.401) Con"Ot n RlekMmugernudDMslan .� 4� n REVIEWED&APPROVEDRY 8� F�fK�G�i,M1+t R. N+�b/seRE Management Analyst C H u B am General Liability Contract Please read the entire policy carefully, 'rho terms and conditions of this insurance Include the various sections of this contract; Coverages; Investigation, Defense And Settlements; Supplementary Payments; Coverage Territory; Who Is An Insured; Limits Of Insurance; Exclusions; Conditions: and Definitions, as well as the Declarations, Common Policy Conditions and any rhulorsements and Schedules made apart of this insurance. Throughout this contract the words "you" and "your" refer to the Named Insured shown in the Declarations and other persons or organizations qualifying as aNamed Insured under this contract, 'file words "we," "us" and "bur" toter'to the Company providing this insurance. In addition to the Named Insured, other persons or organizations may qualify as insureds. Those persons or organizations and the conditions under which they qualify are identified in the Who Is An Lrsmod section of this contract. Words andphrases that appear in bold print have special meanings and are definedin the Definitions section of this contact, Coverages 9odlly Injury And Property SuNcet to all of the terms and conditions of this insurance, we wilt -pay damages that the Insured Damage Liability becomes legally obligated to pay by reason of liability: Coverage imposed bylaw; or assumed in an insured contract; for bodily, Injury or property damage caused by au occurrence to which this coverage applies. Tills coverage applies only to such bodily injury or property damage that occurs during the policyperiod, Damages for bodily injury include damages claimed by aperson or organization for care or lass of services resulting at any time from.lho bodily Injury. Other than as provided under the Investigation, Defense And Settlements and Supplementary Payments sections of this contract, we have no other obligation or liability to pay sums or perform acts of services under this coverage. Advertising Injury And Subject to all of the tetras and conditions of this insurance, we will pay damages that the insured Personal Injury Liability becomes legally obligated to Pay by reason of liability; Coverage imposed by law; or assumedin an insured contract; for advertising injury or personal Injury to which this coverage applies. This coverage applies only to such advertising injury or personal injury caused by an offense that is first committed during the policy period, Other than as provided under the Investigation, Defense And Settlements and Supplementary Payments, sections of Us contract, we have no other obligation or liability to pay sums or perform acts or services under this coverage. liability Insommo Form 80-02-2000 (ROK 4-0t) Contract ywr� R1ek MRnaffm t➢swami r 4 REVIEWED & APPROVED BT. Risk Management Analyst Medical Lxoenses Subject to all of the terns and couditions of this insurance, we will pay medical expenses for Coverage bodily injury caused by an accident to which this coverage applies, that takes place on promises rented to or owned by you; or In contioctlon with your operations; provided that such; accident occurs during the policy period; expenses are incurred and reported to us within three (a) years of the crate of the accident; and person who sustained such bodily injury submits to examination, at our expense, by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault, We have no other obligation or, liability under this covcrago: InVeStigatiOn, Defense Subject to all of the terms and conditions of this insurance, we will have the right and duty to And Settlementsdefend the insured against a suit, even if such suit is false, fraudulent or groundless, If such a suit is brought, we will pay reasonable attorney fees and necessary litigation expenses to defend: the insured;and r If applicable, the indemnittee of the insured, provided the obligation to defend, or thecost of the defense of, such indemNltee has been assumed by such insured in an insured contract. Such attorney fees and litigation expenses will be paid as described in the Supplementary Payments section of this contract. We have no duty to defend any person or organization against any suit seeking darnages to which this insurance does not apply. We may, at our discretion, investigate any occurrence or offense and settle any claim or suit, Our duty to defend any person or organization ends when we have used up the applicable Limit Of Insurance. Supplementary Subject to all of the terms and coutdKons of this insurance, we will pity, with respect to u claim we Payments investigate or settle, or a salt against an insured we defend: & theexpenses we incur. B. the cost of;. 1, bailbonds; or 2, bonds required to; a, appeal judgments;. or UaWffty lnaarance Farm 00-02-2000 (Rov. 4-01) ConUact �� RiekMwugementDtvnlon '{ la RREAEWED&APPROdVm BY. V�r.INl&ht RA lvlanagement Analyst w C H U B B° General Liability Supplementary b, release attachments; Payments but only for bond amounts within the available Limit Of Insurance. We do not have to (continued) furnish theso bonds, C, reasonable expenses incurred by the. insured at our request to assist us in the investigation or defense of such claim or suit, including actual loss of earnings up to $1000 a day because of Won off formwork. D. costs taxed against the insured in the suit, except any; 1. attorney fees or litigation expenses; or 2, other loss, cost or expense; 'in connection with any Injunction or otherequitable relief. E. prejudgment interest awarded against the insured on that part of a judgment we pay. If we make an offer to pay the applicable Limit Of Insurance, we will not pay any prejudgment Interest basedpa that period of time after the offer. F. interest on the full amount of ajudgment that accrues after entry of the judgment and before we have paid, offered to pay or deposited incourt the part of the judgment that is within the applicable Limit Of insurance, Supplementary payments does not include any fine or other penalty, These payments will not reduce the Limits Of Insurance.. Our obligationto snake these payments ends when we have used up the applicable Limit Of Insurance. Coverage Territory This Insurance applies e, (f ly lies anywhere, provided the insared's responsibility to pay damages, to which this Insurance applies, is determined in a suit on the merits brought In the United States of America (including Its possessions and territories), Canada or Puerto Rico, or in a settlement to which we agree, Who Is An Insured Sole Proprietorships If you are an Individual, you and your spouse ate insureds; but you and your spouse are Insureds only with respect to the conduct of a business of which you are the sole owner. If you die; persons or organizations having proper temporary custody of your property are insureds; but they are insureds only with respect to the maintenance or use of such property and. only for acts until your legal representative has been appointed; and your legal representatives are Insureds; but they are insureds only with respect to their duties as your legal representatvos. Such legal.reprowntatives will assume your rights, and duties under this insurance. [iabifiy Insurance R1wEc D,Wsto Form 80-02-2p00 (Ray. 4-071 contract �'�� REVIEWED&a pROVEri BY. Rack Management Analyst Who Is An Insured (continued) Partnerships Or Joint If you are apurinership (including a limited liability partnership) or a joint venture,. you are an Ventures insured, Your members, your partners and their spouses are Insureds; but they are insureds only with respect to theconduct of your business. Limited Liability if you are a limited liability company, you am an insured, Your members and their spouses are Companies insureds; but they are insureds only with respect to the conduct of your business, Your managers are brsureds; but they a, insureds only with respect to their duties as your managers, Other Organizations Ifyou am an organization.(including a professional corporation) other than a partuership,joint venture or limited liability company, you are an insured. Your directors and officers are insureds; hilt they are Insureds only with respect to their duties as your directors or officers, Your stockholders and their spouses are insureds; but they are insureds only with respect to their liability as your stockholders. Employees Your employees are ,Insureds; but they are insureds only for acts within the scope of their employment by you orwhile performing duties related to the conduct of your business, However, no employee is an insured for; A, bodily injury, advertising Injury or personal. injury; 1, to you, to any of your directors, managers, members, officers or partners (whether or not an employee) or to any co -employee while such injured person is either in the course of his or her employment or while performing duties related to the conduct of your business; 2. to the brother, child, parent, sister or spouse of such injured person as a consequence of any injury described in subparagraph A,1, above; or 3. for which there is any obligation to share damages with or repay someone else who roust pay damages because of any injury described in subparagraphs A,1,. or A,2. above. Withrespect to bodily injury only, this limitation does not apply to; • you or to your directors, managers, members, officers, partners or supervisors as insureds; or + your employees, as insureds, with respect to such damages caused by cardio. pulmonary resuscitation or first aid services achmaistered by such an employee; or D. property damage to any property owned, occupied or used by you or by any of your directors, managers, members, officers or partners (whether or not an employee) or by any of your employees. This limitation does not apply to property damage to premises while rented to you or temporarily occupied by you with permission of the owner, UaWfity insurance Form 80-02-2000 (Rev. 4-01) Contract r RiekMnnegti7nentplWsfon £k RE EWED & APPROVED BY y Risk Management Analyst ��,` C H U B B° General Liability Who Is An Insured (continued) Volunteers persons who are volunteer workers for you are insureds; but they are insureds only for acts within the scope of their, activities for you and at your direction. Rest Estate Managers Persons (other than your employees) or organizations acting as your real estate managers are tusnreds; but they are insureds only with respect to their duties as your real estate managers. Permissive Users Of With respect to mobile equipment registered in your name under crueler vehicle registration law: Mobile Equipment A, persons driving such equipmenton a public road wide your permission are insureds; and B. persons or organizations responsible for the conduct of such persons described in subparagraph A. above are insureds; but they are insureds only with respect to the operation of the equipment and only if no other insurance of any kind is available to them, However, no person or organization is an insured with respect to- o bodily injury to any co -employee of the person driying the equipment; or + property damage to any property owned or occupied by or loaned or rented to you, or In your charge or the charge of the employer of any person who is an insured under ills provision. Vendors persons or organizations who are vendors of your products ate insureds; but they are insureds only with respect to their liability for damages for bodily injury or property damage resulting from the distribution or sale of your products in the regular course of their business and only if this insurance applies to the products -completed operations hazard, However, no such person or organization is aninsured with respect to any: • assumption of liability by them in a contract or agreement. This limitationdoes not apply to the liability for damages for bodily injury or property damage that such vendor would have in the absence of such contract or agremmenq • representationor warranty unauthorized by you; • physical or chemical change in your products made intentionally by the vendor; + repackaging, unless unpacked solely for the purpose of inspection, demonstration or testing, or the substitution of parts under instruction from the manufacturer and then repacked in the original container; + failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make inthe usual course of business in connection with the distribution or sale of your products; • demonstration, instillation, servicing or repair operations, except such operations perfortned. at the vendor's premises in connection with the sale of your products•, or + of your products which, after distribution or We by you, have been labeled or relabeled or used as a container, ingredient or part of any other thing or substance by or for the vendor. Uablidy Insurance Form 80-02-2000 fRay. 4.01) Confroof WEDnagmentl)tY: 'C' S���}■gYfl4 /R'EVIEWECJ &ry�h9P'PIROV��FID Bpp ; nL1YICY% I"�,AA.L,Mr M1„ UtPiFA.Q�i,f, 4Y, x "� Risk lvlana0ementAmlys[ �� Who Is An Insured Vendors Further, no person or organization from whorn you have acquired your products, or any container, (continued) ingredient or part entering into, accompanying or containing your products, is an insured under this provision. Lessors Of Equipment Persons or organizations from whom you lease equipment are imureds; but they are insureds only with respect to the maintenance or use by you of such equipment and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However, no such person or organization is an insured withiospect to any: e damages arising out of their sole negligence, or occurrence that occurs, or offense that is committed, after the equipment lease ends. Lessors Of Premises Persons or organizations limn Whom you lease premises are insureds; but they are insureds only with respect to the ownership, maintenance or use of that particular part of such premises leased to you and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However, no such person or organization is an insured with respect to any;. 0 dumages arising out of their sole negligence;. + occurrence that occurs, or offense that is committed, after you cease to be a tenant in the premises; or + structurall alteration, new construction or demolition operations performed by or on behalf, of them. Subsidiary Or I1leMy if there is no other insurance available, the following organizations will qualify as named insureds; Acquired Or Formed a subsidiary organization of the list namedinsured shown in the Declarations of which, at Organizations the beginning of the policy periodand at the lime of loss, such fast named Insured controls, either directly or indirectly, more than fifty (50) percent of the interests entitled to vote generally in the election of the governing body of such organization;. or a subsidiary organization of the fnstnamed insured shown in the Declarations that such first named insured acquires or forma during the policy period, if at the thus of loss such first namedinsured controls; either directly or indirectly; more than fifty (50) percent of the Interests entitled to vote generally in the election of the governing body of such organization. Limitaflons On Who Is An A. Except to the extent provided under the Subsidiary Or Newly Acquired Or Formed Insured Organizations provision above, no person or organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations, B. No person or organization is an insured with respect to the, Uabirity insurance Form 00 02 2000 (Rev. 4-01) confraot 1, ownership, maintenance or use of any assets; of 2. conduct of any person or organization whose assets, business or organization, a RiskMaregemenfDly1don REVIEWEn&APPROVED BV 8r��1r11r 1r F4M'a'4 R, V Risk Minagement Analyst Ito CH U ® Sm General Liability Who Is An Insured Limitations On Who Is An you acquire, either directly or indirectly, for any: Insured (continued) bodilyinjury or property damage that occurred; or + 'advertising injury or personal injury arising out of an offense first committed; in whole or in part, beforeyou, directly or indirectly, squired such assets, business or organization. rnits Of Insurance 'The Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay, regardless of the number of: + insureds; + claims made or suits brought; or • persons or organizations making claims or bringing suits, The Limits Of Insurance apply separately to each consecutive annual period and to any remaining period Of less than twelve (12) months, starting with the beginning of the policy period shown ib the Declarations, unless the policy period.is:extended after Issuance for an additional period of less than twelve (12) months, in that case, the additional period will be deemed part of the last precediag period for purposesof determining the Limits Of rnsurance. General Aggregate Limit Subject to the Each Occurrence Limit, the General Aggregate Lhnit is the, most we will pay for the sum of: + damages for podgy injury and property damage, except damages included in the preducfs-completed operations hazard; and ' medical expenses. ProduCts-Completed Subject to the Each Occurrence Limit, the Products -Completed Operations Aggregate limit is the Operations Aggregate most we will pay for the sum of damages for bodily injury and property damage included in the Limit products -completed operations hazard. Advertising Injury And The Advertising Injury And Personal injury Aggregate Limit Is the mast we will pay for the sum of Personal Injury Aggregate damages for advertising injury and personal injury, Limit Each Occurrence Limit The Each Occurrence Limit is the most we will pay for the sum of: damages for bodily injury and property damage; and medical expenses; arising out of ally ono occvrronce. Any amount paid for damages or medical expenses will reduce the amount of the applicable aggregatalixnit available for any other payment m yinsurance FoY Form 8a-02-8IXl0 (Ray. 4-01) Contract RIAMmagemmil)tWslan (REVIEWED & rMPRQ�VgQSBY: / SS ail�� o'� r �fif�(.vN.0 R�+xtM4R4 ` Rick R9an39ement Analyst Limits Of Insurance Each Occurrence Limit if the applicable aggregate limit has been reduced to an amount that is less Irian the Each (continued) Occurrence Limit, the remaining amount of such aggregate limit is the most that will be available for any other paymettt, Damage To Premises Subject to the Each Occurrence Limit, the Damage To promises Rented To You Limit is the most Rented To You Limit we will pay for the sum of damages for property damage to any one premises while rented to you or temporarily occupied by you with pemdsalon of the owner. Medical Expenses Limit Subject to the Each Occurrence Limit, the Medical Expenses Limit is the most we will pay for the sumof medical expenses, under Medical Expenses coverage, for hodily injury sustained by any one person, Bodily Injury/Property None of the following exalusions, except "Contracts", "Expected Or intended Injury" and "Loss In Damage Exclusions progress", apply to property darnago to promises while rented to you or temporarily occupied by you with permission of the owner, Aircraft, Autos Or This insurance sloes not apply to bodily injury or property damage arising out of the ownership, Watercraft maintenance, use (use includes operation and loading or unloading) or entmsnru;nt to others of any, + aircraft; e suite; or x watercraft; owned or operated by or loaned or rented to any insured, This exclusion does not apply to; A. a watercraft while ashore on promises owned by or rented to you; B. a watercraft you do not own, providedthat it: 1, is less than fifty-five (55) feet long; and. 2, does not transportpersons or cargo for a charge; C, the parding of an auto on premises owned by or rented to you, provided the auto is not owned by or loaned or rented to you or the inured; D. the liability for dansages assumed in an insured contract resulting from the ownership, maintenance or use, by Acts,. of an aircraft or watercraft; B. the operation of the equipment described in subparagraphs 11,2, or 113, of the definition of mobile equipment; or F, an aircraft you do not own, provided that: 1, the pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating that parson as a commercial or airlinetransport pilot; W&RY Insurance Form 8042.2000 fRaP. 4-01) Contract y at RiekMnrtegcmtentowisltm \� /REVIEWED&ryAPPRO�VVEDBY: 8�'� r Af64YM+4 R. �+4td�la,4f'x Risk Managemen[Analy,, ± ti C H U ® B° General Liability Bodily Injury/Property Damage Exclusions Aircraft, Autos Or 2, it is rented with a trained, paid crew; and Watercraft 3, it does not transport persons or cargo for acharge (continued) Alcoholic Beverage Type This insurance does not apply ro bodily injury or property damage for whichany insured may be Businesses held Habloby reason of-, • causing or contributing to the intoxication of anyperson; furnishing alcoholic beverages to a person under the legal drinking age or under the itrfluence, of alcohol; or + any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the businessof manufacturing, distributing, selling,serving or furnishing alcoholic beverages, Contracts This insurance does not apply to bodily injury or property damage for which the insured is obligated to pay damages by reason of assumption of liability in a contract or agreement. This exclusiondoes not apply to theliability for datnages; • that such insured would have in the absence of such contract or agreement; or + assumed in an oral or written contract or agreement that is tut insured contract, provided the bodily injury or property damage, to Whichthis insurance applies, occurs after the execution of such contractor agreement, Damage To Alienated This insurance does not apply to property damage to any premises you sell, give away or abandon, Premises if the property damage arises out of any part of those premises. This exclusion duos not apply if the promises arc your work and were never occupied; rented or bold for rentalby you. Damage To Impaired This insurance does not apply to property damage to: Property Or Property Not i Physically Injured unpaired property; or + property that has not been physically injured; arising out of any; Uabithy tneuranoo Form 80-02-2000 fReV. 4-01) Contract dofect, deficiency, inadequacy or dangerous condition in your product or your work; or RiekManngxme MWeien N gl� REVIEWED &nAP'PIRO�VpED BYp ' I rtil44wH4 R,. Y�G(R/p�L .,:F Risk Management Analyst Damage To Impaired + delay or failure by you or anyone noting on your behalf to perform a contract or agreement in Property Or Properly Not accordance with Its terms and conditions, Physically Injured This exclusion does not apply to the loss of use of other tangible property resulting from sudden and (continued) accidental physical injury to your product or your work after it has been put to its intended use, Damage To Owned This insurance does not apply to property damage to any property owned by you, Properly Damage To Various This insurance does not apply to property damage to any: Properly Of Others (Care; , personal property loaned or rented to you; Control Or Custody) + property held by you or on your behalf for sale or envusted to you for safekeeping. or storage; + property oil your premises for purposes of performing operations on such ptbpeny by you or on your behalf, + tools or equipment used by you or on your behalf in performing operations; or r property in your care, control or custody that will be erected, installed or used is construction operations by you or on your behalf. This exclusion does not apply to the liability for damages assumed in a sidetrack agreement. Damage To Your Product This insurance does not apply to property damage to your product arising out of it or any part of it, Damage To Your Work This insurance aloes not apply be property damage to your work arising out of it or any part of it And included in the products -completed operations hazard. TbLs exclusion does not apply if the damaged work or the work causing the damage was performed oat your behalf by a subcontractor,. Employer's Liability A. This insurance does not apply to bodily irgjury to an employee of the insured arising out of and in the course of, 1, employmenthy the insured, or 2, performing duties related to the conduct of the Jammed's business, B. This insurance does not apply to Wily injury to the brother, child, parent, sister or spouse of such employee as a consequence of any injury described in paragraph A. above. This exclusion applies; UaWfity Insurance Form 80-02-2000 (Flay, 4-01) Contract whether the haired may be liable as an employer or in any other capacity.; and. to any obligation to share damages wlth or repay someone else who must pay damages because of any injury described in paragraphs A. or A above, ;� "to RlekManggnnentD[vislmt y. i % REVIEWED&APPRDVEOBY.- ?` q; t RukManagement Analyst g C H U ® Sm General Liability Bodily Injured/Properly Damage Exclusions Employer's Liability This exclusion does not apply to the liability for damages assumed by the insured In an insured (continued) contract, Expected Or Intended This insurance does not apply to bodily injury or property damage atisfng out of an act that: Injury is intended by the insured; or would be expected from the standpoint of areasonable person in the circumstances of the insured; to cause bodily injury or property damage,, even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force toprotect persons or tangible property, Lass In Progress This insurance does not apply to bodily injury or property damage that is a change, continuation or resumption of any bodily Injury or property damage known by you, prior to the beginning of the policy period, to have occurred. Bodily injury or property damago will be deemed to be known by you; A. if such injury or damage is known by, or should have been known from the standpoint of a reasonable person in the circumstances of L you; 2, any of your directors, managers, members, officers (or their designees) or partners (whether or not an employee); and B, when any person described in paragraph A. above: 1, reports all, or any part, of any such injury or damage to us or any other insurer; 2, receives a clehaor a demand for damages because of any such injury or damage; or 3, becomes aware that any such injury or damage has occurred or has begun to occur, Mobile Equipment This nsurnaco does not apply to bodily injury or property damage arising out of the, Transportation transportation of mobile equipment by an auto owned or operated by or loaned or rented toany insured, Liability Insurance Form 80-02-2000 (Rev, 4-01) Contract ,� RlekMxn�ernentlJ[Waum ; •� rBEAEwEo&AP`PR'ovED By ¢ � �"" Risk Wznz9ementMalyst Injury Breach Of Contract This insurance does not apply to advertising Injury or personal injury arising out of breach of contract. Continuing Offenses This insurance does notapply to advertising injury or personal injury that arises out of that part of an offense that continues or resumes after the later of the.end of the policy period of: A. this insurance; or N. a subsequent, continuous renewal or replacement of this insurance, that; 1, is issued to you by us or by an affiliate of ours; 2, remains in force while the offense continues; and 3, would: otherwise apply to advertising injury and personal injury. Contracts This insurance does not apply to advertising injury or personal injury for which the insured is obligated to pay damages by reason of assumption of liability In a contract or agreement. This exclusion does not apply to the liability for damagost + that such insured would have in the absence of such contract or agreement; or • assumed in a written contract or agreement that is an insured contract, provided the advertising injury or personal injury, to which this insuranee applies, is caused by an offense first committed after the execution of such contract or agreement. Grime Or Fraud This insurance does not apply to advertising injury or personal injury arisingout of any criminal or fraudulent conduct commitled by or with the consent or knowledge of the insured, Expected Or Intended This insurance does not apply to advertising injury or personal injury arising out of an offense, Injury uonwutted by or on behalf of the insured, that: + is intended by such insued; or + would be expected from the standpoint of a reasonable person in the circumstances of such insured; to cause injury. Failure To Conform To This insurance does not apply to advertising injury or personal injury arising out of die failure of Representations Or goods, products or services to conform with any electronic, oral, written or other representation or Warranties warranty of durability, fitness, performance, quality or use, Internet-Activilies This insurance does not apply to advertising injury or personal injury arising out of: coutrolliug, creating, designing or developing of anther's Internet site; Ua iffly insurance Form 00-02-2000 (Rov, 4-01) RonNaot ,1A RtekMmagemuetDtxaion �� � RtnewEo&APPROVm By �; a Risk lvlanagemen[Analyst C H W ® so General Liability Advertising Injury/Personal Injury Exclusions Internet Activities controlling, crealing, designing, developing, determining or providing the content or material (continued) of another's Internet site; + controlling, facilitating or providing, or failing to control, facilitate or provide, access to the Internet or anther's Internet site; or + publication of content or material on or from the Internet, other than material developed by you or at your direction, Media Type Businesses This insurance does not apply to advertising injury orpersonal injury arising out of an offense committed by or on behalf of an insured whose business is advertising, broadcasting, cablecasting, publishing, telecasting or telemarketing. This exclusion does not apply to personal injury caused by an offense described in subparagraphs A„ B. or C, of the definition of personal injury. Prior Offenses This insurance dots not apply to advertising injury or personal injury arising out of any offense first committed before the beginning of the policy period. Publications Witt) This insurance does not apply to advertising injury or personal injuryarisingout of any Knowledge Of Falsity electronic, oral, written or other publication of content or material by or with the consent of the Insured: + with knowledge of its falsity; or + if a reasonable person in the circumstances or such insured would have known such content. or material to be false. Wrong Description This insurance does not apply to advertising injury or personal injury arising out of any wrong Of Prices description of the price of goods, products or services, Medical EXperISes Excluslons Athletic AotiVifies This insurance does not apply to medical expenses arising out of bodily injury to any person injured while taking part in athletics. Injury To Insureds This insurance does not apply to medical expense arising out of a bodily injury to any insured, except a volunteer worker, U4DA)y Insurance Form 80-02-2000 Nov, 4-01) Contract - ewer RkkMvugemeatD[Wston BREmEWED&pVNF,4�`J.AiFAPPRaVem BVe TA rI ; I AR�"44 h. ` a ' Risk Nianagement Analyst Medical Expenses Exclusions (continued) Nuclear Energy This insurance does not apply to medical expenses arising out of bodily injury in any way related to the: auclear hazardous properties of nuclear material; and. operation of a nuclear facility by any personor organization. Products -Completed This insurance does scot apply W medical expenses arising out of bodily injury included in the Operations Hazard productscompleted operations hazard, Workers' Compensation This insurance does not apply to medical expenses arising out of bodily injury to any person, Or Similar Laws Whether or not an employee pf any insured, if benefits for such bodily injury are payableor must be provided under any workers' compensation, disability benefits or unemployment compensation law or any similar law, "_ Poll a. _ . _ .11 . �— _.. Policy Exclusions Asbestos A. This insurance does not apply to bodily injury, property damage, advertising injury or personal injury arising out of the actual, alleged or t reatmedcontaminatiive, pathogenic, toxic or other hazardous properties of asbestos. Il, This insurance does not apply to any loss, cost or expense arising out of any: 1. request, demand, order or regulatory or statutory requirement that any insured or others test for, monitor, cleanup, remove, contain, treat, detoxify or neutralize, or in any way respondto, or assess the effects of asbestos; or 2, claim or procacding by or on bobalf of a governmental authority or others for damages because of tasting for; monitoring, cleaning up, removing, containing, treating, dctpxifying or neutralizing, of Inany way responding to, or assessing the effects of asbestos, Employment -Related A. Thb, insurancu does not apply to any damages sustained at any (law by any person, whether Practicos or not sustained In the course of employment by any insured, arising out of any employment -related act, omission, policy, practice or representation directed at such person, occurring in whole or in pun at any time, including any: 1, arrest,detention or imprisonment; 2. breach of any express or implied covenant; 3. Coercion, criticism, humiliation, prosecution orrerahation; 4, defamation or disparagement; S, demotion, discipline, evaluation or reassignment; 6, discrimination, harassment or segregation; Liability Ineuranoe Form 80-02-2000 (ROV. 4-01) Contract n. � Ria&Manngt'rnentDtWslon x. 3�( rREVIEWED&�}APPRO BY, �--�� Risk Management Analyst CH us ®m General Liability Policy 13xclu$ions Employment -Related 7, a. eviction; or Practices feontinuedJ b. invasion or other violation of any right of occupancy; 8, failure or refusal to advance, compensate, employ or promote; 9., invasion or other violadoa of any right of privacy or publicity, 10. termination of employment; or U other employment -related act, emission, policy, practice, representationor relationship in connection with any foamed at any time, B. This insurance does not apply to any damages sustained at any tuna by the brother, child, parent, sister or spouse of such person at whom any employment -related act, omission, policy, practice or representation is directed, as described in.. paragraph A, above, as a consequence thereof. This exclusion applies; whether the insured may be liable as an employer or in any other capacity; and to any obligation to share damages with or repay someone else who must pay damages because of any of the foregoing, Enhancement, This insurance does not apply to any loss, cost or expense incurred by you or others for any: Maintenance Or Prevention A. enhancement or maintenance y property; or B, prevention of any injury or damage to any. 1, person or organization; or 2, property you own, rent or occupy, Intelfectoal Property taws This insurance does not apply to any actual oralleged bodily injury, property damage, Or Rights advertising injury or personal injury arising out of,, giving rise to or in any way related to any actualor alleged; 'assertion; or infringement or violation; by any person ororganization(including any insured) of any intellectual property law or right regardless of whether this insurance would otherwise apply to all or part -of any such actual or alleged injury or damage in the absence of any such actual or alleged assordon, infringement or violation. This exclusion applies, unloss such injury; Liability Insurance Form 80.02-2000 Nov. 4-01) contract is caused by an offense described In the definition of advertising injury; and. does not arise out of, give rise to or in any way relate to any actual. or alleged assertion, infringement or violation of any intellectual property law or right other than one described in the definition of advertising injury. y w� RiskMwmgmmtDKb[m s4 REVIEwEo &APPROVED By pp a `v Risk ManagemenVtnalyst s5 Policy Exclusions (continued) Nuclear Energy A. This insurance does not apply to bodily injury, nuclear property damage, advertising injury or personal injury: 1, with respect to whicb any insuredunder this policy also has status as an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual, Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would have had status as an Insured under any such policy but for its termination upon exhaustion of its limit of Insurance; or 2, arising out.of the nuclear hazardous properties of nuclear material and with respect to which: a any person or organization is requiredto maintain financialprotecdon pursuant to the United States of America. Atomic Energy Act of 1954, or any law. amendatory thereof; or b, the tnaured 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., This insurance does not apply to bodily injury, nuclear property damage, advertising injury or personal injury arising out of the nuclear hazardous properties of nuclear material; 1. if the nuclear material; a, is at any nuclear facilityowned by, or operated by or on bcbalf of, any im nred; b. has been discharged or dispersed therefrom; or e, is contained in nuclear spent fuel or nuclear waste at any time transported, handled, stored, disposed of, processed, treated, possessed or used by or on behalf of any insured; or 2, in any way related to the furnishing by any 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 (including its possessions or territories) or Canada, this subparagrapb 2. applies only to nuclear property damage to such nuclear facility and any property thereat. Pollution A. This insuranec does not apply to bodily injury, property damage, advertising injury or Personal `injury arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants; Uawrity Insurance Farm 80-02-2000(Rev. 4-01) Contract 1. at or from any premises, site or location which is or was at any t arc owned or occupied by, or loaned or rented to, any insured; 2, 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; RiekMmmgnnent4[wlue ,��' REVIEWED&APPROVED BY r` �� u a �1aM.M.s•¢ �, �.�.r¢� ' Risk Management Analyst = C H U B B• General Liability Policy Exclusions pollution 3. which are or were at any time transported, handled, stored, disposed of, processed or (continued) treated as waste by or for any: a, insured; or b. person or organization for whom any insured may be legally responsible; or 4. at or from any premises, site or location on which any insured or any contractor or subcontractor working directly or indirectly on any insrred's behalf is performing operations, if the: a. pollutants are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor; or b. 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. Subparagraph A.4.a, above does not apply to bodily injury or property damage caused by the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts, if such operating fluids escape directly from that particular part of such mobile equipment designed by its manufacturer to hold, store or receive them. But, this exception does not apply if such bodily injury or property damage arises out of any discharge, dispersal, seepage, migration, release or escape of pollutants, that: • was intended by the iasured; • would have been expected fromthe standpoint of a reasonable person in the circumstances of the insured; • was a necessary part of operations performed by any iesrred, contractor or subcontractor; or occurred during the process of fueling the mobile equipment or changing or replenishing any operating fluid. Subparagraph A.4.a, above does not apply to bodily injury or property damage if sustained within a building and caused by the release of gaseous irritants or contaminants from materials brought into that building, in connection with the operations being performed by you or on your behalf by the contractor or subcontractor, Subparagraph AL above does not apply to bodily injury if sustained within a building and caused by the escape of gaseous irritants or contaminants from equipment used to heat that building, Subparagraphs AJ. and A.4.a, above do not apply to bodily injury or property damage caused by heat, smoke or fumes from a hostile fire. 13. This insurance does not apply to any loss, cost or expense arising out of any: 1, request, demand, order or regulatory or statutory 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 DablMy Insurance _- 111", Form 80-02-2000 fRar. 4-01) Contract a RiMnnegimaLLRWYOfl C)&APPRO � Risa Management Analyst ,Sv3' P'pi Gy EXCIUBions Pollution 2, claim or proceeding by or on behalf of a governmental authority or others for damages (continued) because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or' neutralizing, or in any way responding to, or assessing the effects of ponutauts, Paragraph D, above does not apply to the liability, for damages, for property damage, that the insured would have in the absence of such request, demand, order or regulatory or statutory requh'emeri4 or such claim or proceeding by or on behalf of a governmental authority, 'this exclusion does not apply to the liability for damages, for property damage, to premises while rented to you or temporarily occupied by you with permission of the owner and caused by a hostile fire, explosion, smoke or leakage from fire protective equipment, This exclusion applies regardless of whether or not the pollution was accidental, cxpecteci, gradual, intended, preventable or sudden. Recall Of Products, Work This insurance does not apply to any damages claimed for any loss, cost or expense luourred by you Or Impaired Property or others for the loss of use, withdrawal. recall. inspection, repair, replacement. adjustment, removal or disposal of; your product; your work; or impaired property;. if such product, work or property is withdrawn or recalled from the market or from use by any person or organization bocause of a known or suspected defcc6 dcCofency; inadequacy or dangerous condition in it, War'kers' Compensation This insurance does not apply to any obligation of the insured under any workers' compensation, Or Similar Laws disability benefits or unemployment compensation law or any similar law, Conditions Arbitration We are entitled to exercise all of the uxaurod'srigbCs in the choice of arbitrators andin the conduct of any arbitration proceeding, except whenthe proceeding is betweenus and the insured.. Bankruptcy Bankruptcy or insolvency of the insured or of the instred's estate will not relieve us of out obligations under this insurance. Lf01W fneumnos Form 80-02-20001Rev. "I) Contact y, \ ltiekManagetnentD[viatae ���--, 8 REviEWEDi&ryryAPPRO EDGY Rtsk Management Analyst v C H U B Bm General Liability Conditions (continued) Disclosures And We have. issued this insurance: Representations 4 based n a o p .representations you made to us; and in reliance upon your representations, Unintentional failure of an employee of the insured to disclose a Lazard or other material information will not violate this condition, unless art officer (whether or not an employee) of any insured or an officer's designee knows about such hazard or other material information. Duties in The Event Of A. You must see to it that we and any other insurers are notified as soon as practicable of any Occurrence, O ffepse, occurrence or offense that may result in a claim, if the claim may involve us or such other Claim Or Suit insurers, To the extent possible, twtice should include: 1, how, when and where the occurrence or offense happened; 2, the names and addresses of any Injured persons andwltaasses; and 3, the nature and location of any injury or damage arising out of the occurrence or offense. & If a claim is trade or suit is brought against any insured, you must. 1, immediately record the specifics of the claim:or suit and the date received; 2, notify its and other insurers as soon as practicable; and 3, see to it that we receive written notice of the clahn or suit as soon as practicable. C. You and any other involved insured Must; 1. lannediately send us copies of any demattrls, notices, summonses or legal papers received in connection with the claim or suit; 1 authorize us to obtain records and other information; 3, cooperate with as and other insurers In the: a. investigation or settlement of the claim; or b, 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 loss to which this insurance may also apply. D. No insureds will, except at that insureds own cost, make any payment,assume any obligation or incur any expense, other than for first aid,without our consent. E. Notice given by or on behalf of: 1, the insured; 2, the injured person; or % any other claimant; to a licensed agent of ours with particulars sufficient to identify the. insured shall be deemed notice to us, Liabffily Insurance Form 80-02-2000 Mak 4-01l contmot �� o.. Qe ltiekManagrnentl7ivselon rr REVIEWED&APPRMMBY g� �1iitFwvw,.e2.V9iaak 00, Risk Management Malys[S CondRions Duties In The Event Of F, Knowledge of an occurrence or offense by an agent or employee off the insured will not Occurrence, Offense, constitute knowledge by the insured, unless an officer (whether or act an employee) of any Claim Or Suit insured or an officer's designee knows about such occurrence or offense, (continued) G. Failure of an agent or employee of the Insured, other than an. officer (whether or not an employee) of any insured or an officer's designee, to notify us of an occurrence or offense [hat such person knows about will not affect the insurance afforded to you. 1-1. If a claim or loss does not reasonably appear to involve this insurance, but it later develops into a claim or loss to which this insurance applies, the failure to report it to as will not violate this condition, providedthe insured gives us immediate notice as soon as the insured Is aware that this Insurance may apply to such claim or loss, Legal Action Against Us No person or organization has aright under this insurance tat • join us as aparty or otherwise bring us into a suit seeklag dainages from an insured; or. sue us on this insurance unless all of the bums and conditions of this insurance have been. fully complied with, A person or organization may sue us to recover on an agreedsettlement or on a final judgment against an insured obtained after an actual:. trial in a. civil proceeding; or arbitration or other alternative dispute resolution proceeding; but we will not be liable for damages that are net payable under the terms and conditions of this insurance or that are in excess of the applicable Limits Of Insurance, Other Insurance If other valid and collectible insurance is available to the insured for loss lye would otherwise cover under this insurance, our obligationsare limited as follows. Primary Insurance This insurance is primary except when the Excess Insurance provision described below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary, Then, we will share with all that other insurance by the method described in the Method of Sharing provision. described below, Excess Insurance This Insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis: A. that is Fire, Extended. Coverage, Builder's Risk, Installation Risk or similar insurance for your work: B. that is insurance that applies to property damage to premises rented to you or temporarily occupied by you with permission of the owner; C, if the loss arises out of aircraft, autos or watercraft (it) the extent not subject to the Aircratl, Autos Or trlatemraft exclusion}; lnaumnce 7-02-2000(Rov, 4-01) Contract y� ltl°kM°"°gcie°aIDIWsi°" k. Y REMEwEo&�Maaopvpmsre 81 1 ro� [ M1(.lnrivh4 k. V�CCA�1fd Y liisk Management Anntyst C H U B B• General Liability Conditions Other Insurance D. that is Insurance: (continued) 1, provided to you b an person or organization working under contract or p Y Y Y p g g agreement for yonl or 2, under which you are included as an insured; or E, that is insurance under any Property section of this policy, When this insurance is excess, we will have no duty to defend the immured against any suit if any other insurer has a duty to defend such insured against such milt, If no other insurer defends, we will undertaketo dose, but wo will be entitledto the insured's rights against all those other insurers, When. this Insurance is excess over other lusuramce, we will pay only our share of the amount of loss, if any, that exceeds the sum of the total: • amount that all other insurance would pay for loss in the absence of this insurance; and + of all deductible and self -insured amounts under all other insurance, We will share the remaining loss, if any, withany other insurance that is not described in this Excess insurance provision and Was not negotiated specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this insurance,. Method of Sharing If all of the other insurance permits contribution by equal shares; we will follow this method also. Under this method each insurer contributes equal amounts until it has paid its applicable limits of insurance or none of the loss remains, whichever comes first, F any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of itsapplicable limits of Insurance to the total applicable limits of insurance of all insurers. Premium Audit We will compute all premiums for Ns insurance in accordance with our rules and rates. In accordance with the Estimated Premiums section of the Premium Summary, premiums shown with an asterisk (*) are estimated premiums and are suhitet to audit. In addition to or in lieu of such designation in the Premium Summary, premiums may be designated as estimated premiums elsewhere in this policy.. In that case, diesc premiums will also be subject to audit, and die second paragraph of the Estimated premiums section of the Premium Surinam will apply. Separation Of Insureds Exoept with respect to the Limits Of Insurance, and any tights or daties specifically assigned in this insurance to the rust framed insured, this insurance applies; • as If each maned insured were the only named insured; and • separately to each insured against whom claim is made or salt is brought. Liability Inawauce Form 80-02-2000 (Rov. 4-01) contract �+� itiekManagemrntDivietort � RE EwFD&pAPPRov®By. ,t Risk lNanagentent Analyst foontinued) Transfer Or Waiver Of We will waive the right oftecovery we would otherwise have had against Another person or Rights Of Recovery organization, for loss to which this insurance applies, provided the Insured has waived their rights Against Others of recovery against such person or organization in a contract or agreomenl that is executed before such loss, To the extent that the insured's tights to recover all or pare of any payment made under this insurance have not been waived, those lights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to its and help us enforce them. This condition does not apply to medical expenses, LiaUfrity insurance REVIEWEo &AP1P/R,O,�VpED BY. @@ Risk Management Analyst C H U B ET General Liability Definitions WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW; Advettisemeirt Advertisement moans an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. Advertisement does not include any e-mail address, Internet domain name or other electronic address or metalanivguage. Advertising injury Advertising injury means injury, other thanbodily injury, property damage or personal injury, sustained by a person or organization and caused by an offense of infringing, to that particular part of your advertisement about your goods, products or services, upon their: • copyrighted advertisement; or * registered collective mark, registered service mark or othcr registered trademarked name, slogan; symbol or title. Agreed Seldertient Agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative, Asbestos Asbestos means asbestosin any form, including its presence or use inany alloy, by-product or other material or waste. Waste includes material to be recycled, reconditioned or reclaimed. Auto Auto means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, Including any attached machinery or equipment, But auto does not include mobile equipment. Bodily hijury Bodily injury means physical; • injury; + sickness; or disease; sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time, All such loss shall be deemed to occur at the time of the physical injury, sickness or disease that caused it. Employee Employee includes a ]eased worker, Employee does not include a temporary worker. Hostile Fire Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to tie. Liat9rRy insurance Fwm 80-02-2000 (Rev, 4-01) confinat AR1ek Management D[wofon �l 35t��y REVIEWED&APPROVED By aJ F44$a n.r PZ V," Risk Management Analyst i Definitions WREN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS (continued) AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW: Impaired Property Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because: 1t incorporates your product or your work that is known or thought to be defective, deficient, inadequate or dangerous; or Q you have failed to fulfill the terms or conditions of a contract or agreement; if suchproperty can be restored to use by: y the repair, replacement, adjastment or removal of your product or your work; or your fulfilling the terins or conditions of the contract or agreement, Insured Insured means aperson or an organization qualifying as an hmrkd in. the Who Is Aninsured section of this contract. insured Contract Insurod contract: A. means: 1, a lease of premises: 2, a sidetrack agreement; 3. an easement or license agreement; 4, an obligation, as required by ordinance, to indemnify a municipality; except in connection with work for a municipality: i, an elevator maintenance agreement; or 6. any other contract or agreement pertaining to your business (including an indemnification of.a municipality in connection with work performed for such municipality) in which you assume the tort liability of another person or organization to pay damages, to which this insurance applies, sustained by a thud person or organization;. B, does not include that part of any wtitraetor agreement thut indemnities an architect, engineer or surveyor for damages arising out of; 1. preparing, approving or fa ling to prepare or approve maps, drawings, opinions, reports, surveys, field orders, change orders, designs or specifications; or 2. giving directions or instructions, or failing to give them. L1ablW Maurance Form 80-02-2000(Rev. 4-01) Contract c � v� RlekMana�eemmtfDlWs[an 3� REVIEWED&APPROVED HV I` �c Z � Risk Management Analyst CH us B• General Liability Definitions WHEN USBDWITHRESPECCTOINSURANCE UNDERTHiSCONTRACT,WORDS (continued) AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW;. Intellectual property Law intellectual property law or right means any: Or Right cortification mark, copyright, patentor trademark (including collective or service marks); • right to, or judicial or statutory law recognizing an interest in, any trade secret or confidential or proprietary non -personal information; • other right to, or judicial or statutory law recognizing an interest in, any expression, idea, likeness, name, slogan, style of doing business, symbol, title, trade dress or other intellectual. property; or • other judicial or statutory law concerning piracy, unfair competition or other similar practices,. Leased Worker Leased worker means a person leased. to u party by a labor leasing firm, in a contract or agmement between such party and the labor leasing firm, to perform duties related to the conduct of the partys business, Leased worker does not include a temporary worker, Loading Or Unloading Loadingorunloadlug: A, means the handling ofproporty;. 1. after it is moved from the place where it is accepted for movement into or onto an aircraft, auto or watercraft; 2. while it is inor on an sfrcmfg auto or watercraft; or 3. while it is being moved from an aircraft, auto or watercraft to the place where it is finally delivered, B. does not include: the_movereent of property by means of mechanical device, other than a hand: truck, that is not attached to the aircraft, auto of watercraft, Medical Expenses Medical expenses means reasonable expenses for necessary: • first aid administered at the time of as accident medical, surgical, x-ray and dental services, including prosthetic devices; and ambulance, hospital, professionditutving and funeral services. Mobile Equipment Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: A. bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; B, vehicles maintained for use solely on premises owned by or rented to you: C. vehicles that travel on crawler treads; Liability Ineurance Form 80-02-2000 (Rau. 4-01) Contract h Risk MategnnentMfton rRcmEwEo &{AgPPROVED BY.. ® Risk MarngeWntAnalyst ': Definitions WHEN USED WITH RESPELL' TO INSURANCEUNDER TINS CONTRACT, WORDS AND PHRASES TRAT APPEAR IN BOLD PRINT HA VE THE SPECIAL MEANINGS DESCRIBED DELOW: Mobile Equipment (continued) Nuclear Facility Liability ineumnce Form 80-02-2000 fROK D, vehicles, whether self-propelled or not, maintained primarily to provide mobility, to. permanently mounted; 1, power cranes, shovels, loaders, diggers or drills; or 2. road construction or resurfacing equipment such as graders, scrapers or rollers; E, vehicles not described in subparagraphs A, p„ C. or D, above that are not self-propelled and are maintained primarny to provide mobility to permanently attached equipment of the following types: 1, air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration,. lighting and well servicing equipment;. or 2, cherry pickers and similar devices used to raise or lower workers; and F. vehicles not described in subparagraphs A, B.. C, or D, above maintained primarily for purposes other than the transportation of persons or cargo, Mobile equipment does not include self-propelled vehicles with the following types of permanently atteched equipment, and such vehicles will be considered autos; 1, equipment designed primarily for; a, $now, removal; It. road maintenance, but not construction or resurfacing; or o, street cleaning; 2, cherry pickers and similar devices mounted on automobile or truck chassis andused. to raise or lower workers; and 3, air compressors, pumps and generators, including spraying, welding, building cleaning,geophysical exploration, lighting and well servicing equipment, Nuclear faoillty means any; A. nuclear reactor; 11. equipment or device designed or used for: I. separating the isotopes of plutonium or umrdum; 2, processing or utilizing nuclear spent fuel; or 3. handling, processing or packaging nuclear waste; V. equipment or device used for the processing, fabricating or alloying of nuclear material, if at any time the total amount.. of such material in the custody of theinsured at the premises where such equipment or device is locatedconsists of or contains more thar. 1, twenty-five (25) grans of plutonium or ur auium 233, or any combination thereof; or 2. two -hundred -fifty (250) grams of uranium 235; or „�.n,.� Ria4Mw�nentAtWslan �; REVIEWED&APPROVED By ai I' Fvsro"r.e P, U.filweeRi _=�Mn' Risk Management Analyst n C H U ® Btu General Liability Definitions WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS AND PHRASES THAT APPEAR IN BOLD PRHNT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW: Nuclear Facility D • structure, basin, excavation, premises to place prepared or used for the storage or disposal of (continued) nuclear waste; and includes the site on which any of the, foregoing is located, all operations conducted on such site and all premises used for such operations. Nuclear Hazardous Nuclear hazardous properties includes radioactive, toxic or explosive properties, Properties Nuclear Material Nuclear material means by-product material, source material or special nuclear material. By-product material, sourcematerial. and special nuclear material have the meanings given them in the United States of America Atomic Energy Act of 1954 or In any law amendatory thereof, Nuclear Property Nuclear property damage includes all forms of radioactive contamination of property, Damage Nuclear Reactor Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self- supporting chainreaction or to contain a critical mass of fissionable material, Nuclear Spent Fuel Nuclear spent fire) means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation In a nuclear reactor. Nuclear Waste Nuclear waste means any waste material; containing nuclear material, other than the tailingsor wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content; and resulting from the operation by any -person or organization of any nuclear facility described in subparagraphs A, or B, of the definition of nuclear facility. Occurrence Occurrence means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. Officer Officer means a person holding any of the officer positions created by an organization's chatter, constitution, by-laws or any other similar governing document, UaUity Insurance Form 80-02-2000 (Rev. 4-01) contraot ppliAl, P.0 MenpgnnentDlvlslon g� PREVIEWED&@APPROVED BY, Rtsk Mtmagemen[Analysf 8r Definitions WHEN USED WITH RESPECT TO INSURANCE' UNDER TIIIS CONTRACT, WORDS (coWinued) AND PHRASES THAT APPEAR IN BOLD PRINT RAVE THE SPECIAL MEANINGS DESCRIBED BELOW: Personal injury Personal injury means injury, other than Roddy injury, property damage or advertising injury, caused by act offense of; A. false arrest, false detention or other false imprisonment; B. malicious prosecution; C, wrongful entry Into, wrongful eviction of a person from or other violation of a person's right of private occupancy of a dwelling,. premises or room that such person occupies, if committed by or on behalf of its landlord, lessor or owner; D. electronic,oral, written or othorpublicationofmaterial that: 1, libels or slanders a person or organization (which does not include disparagement of goods, products, property or services); or 2. violates a person's right of privacy; or E. discrimination, harassment or segregation based on a person's age, color, national origin, race, religion or sox. Pollutants Pollutants means any solid, liquid, gaseous or thermal Irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, eltomicals and waste, Waste includes materials to be, recycled. reconditioned or reclahnod, Products -Completed Products -completed operations hazard: Operations Hazard A. includes all bodil y injury and properly Damage taking place away from premises owned or occupied by or loaned orrented to you 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. Your work will be deemed completed when: all of the work called for in your contract or agreement has been complctcd, r all of the work to be performed at the site has been completed, if your contract or agreement calls for work at more than one site. • that part of the work completed at a site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project: Work that may need, service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treatedas completed. It. does not include bodily injury or property damage arising out of; 1. the transportation of property, .unless the injury ordamage results from acondition in or on a vehicle not owned or operated by or loaned or rented to you and that condition was created by the loading or unloading of that vehicle by any insured; Liability Insurance Farm 00-02-2000 tRov. 4-01) Contract m 1tlektrlanrgernenED[Wston �'. RE:vtEwE0 & APRaovm 8Y { e Risk Mana9emen[Annlys[ ' C H U ® B" General Liability Definitions WHEN USED WITH RESPECT TOINSURANCE UNDER THIS CONTRACT, WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW; Products -Completed 2, the existence of tools, uninstalled equipment or abandoned or unused materials; or Operations Hazard products or operations for which the classification in our Tales indicates that such products or (00ntinued) operations are not subject to the Pioducts-Comploted Operations Aggregate Limit of lose=ce. Property Damage Property damage means; physical injury to tangible property, including resulting loss of use of that property, All such loss of use, shall'40 deemed to occur at the time of the physical hijury that caused it, or loss of use of tangible property that is not physically injured. All such loss of use shall be dcomed to occur at the blear of the occurrence that caused it, Tangible property does not include any software, data or other information that is in electronic form, suit Suit means a civil proceeding in which damages, to which this insuranoo applies, are sought. Suitt includes an arbitration or other dispute resolution proceeding in which such damages are sought and to which the insurod must submit or does submit with our consent. Temporary Worker Temporary worker means a person who is furnished to a party to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. Your Product Your product; A., moans any; goodsor products, other than real property, manufactured, sold, handled,distributed or disposed of by: a. you; b, others trading under your name; or C. 1person or organization whose assets or business you have acquired; and 2, containers (other than vehicles), materials, parts or equipment furnished in connection with such goads or products. B, includes: 1, representations or warranties made at any time with respect to the durability, fitness, performance, quality or use of your product; and 2, the providing of or failure to provide instructions or warnings, C. does not include vending machines or other property loaned or rented to or located for the use of others but not sold, Liabi()ty )neurence Form 80-02-2000(Rov, 4-Or) Contmot w )2te18M&1�flaa�11(Wa�ml ry SI �IYi�' PREVIEWED&ryAP'PIROVED BGq "IFMG�Ai t' h. ✓�+�dalat U rzisk E7anagement Analyst Definitions WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS (continued) AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW; Your Work Your work; A. means any: 1, work or operations performed by: a. you or on your behalf; or b, a person or organization whose assets or business you have acquired; and 2, materials, parts or equipment furnished in connection with such work or operations, B. includes: 1, representations or warranties made at any time with respect to the durability, fitness, performance, quality or use of your work; and 2. the providing of or failure to provide instructions or warnings. Farm 9R-02-2000 (Rev. 401) Contract - ii'g IEW1D&APPRO APPROVED BY. `lip, REVIEWED&RPPROVm Bv: t�, Risk h7anagementArnlyst Policy #79726620 H U S E3" Chubb Commercial Excess And Umbrella Insurance Table Of Contents Section Pago No. Cava ac�elExeess Fallow Farm Coverage A 3 Gavera�Q6s1Umbf6tla Cov6rago 6 E£T� ,...v<: vtv£vvi.C&2i.ilL'«.a abP'1'.k ve.. _YAe ...x xsm9....wJ>Y..:.rvi,.,n.SL>.,,VXf3S�3"ifk3`i1m2rvF�'2:in,....3siip�3.aa'.GSN Invosligalion, Doly aso And Sofllorneots 5 rvW,rvfrv�Z.:£r:'+zkkt£t.'v£?h'G`3 .v M4W'v-u'..h Suppolerraentaryr F'av�rnents 5 ktiitY[Y.:s.=sr�re°d»YX;v1.'.�31s^Lub. :_.R,..7r5fr'S,...R2";...15:.ifi Covermc�A. �e Territory 6 flwf3§ RCYi°#T W'34N.w'.sL^2'vr�"a3S .se... )Ft.�'°t.1^..� r..::: di3...: dTr .i .l. ,�x�r}i�"6°3I Y...¢ ..,:..,_a'2'(3'!i]$`'aic>'S'"vT✓.a..SYf3i:L'&?':ue,3v"1 Who Is An InsuredlExcess Follow -Form Gov6rage A 6 Kdid9iF,8 rvu A"'�9Rttu.A5AA:...®'Sn"SI:F41V`MSsiMPSi�JF.'aa"x:&Pu3F u. .,.0 3'. @'#-..F&Y^-vr.S<`m%3�'M3iv'R£SS'u�Y;flS'vl'�.4]'3*i3'.2xYMW3C'�'v`."`f�� Who Is An InsuredlUmbretica Goverage 8 6 Yf.':;tiSn,"TJi"?.V"S`:.it;.&+'S.%'13,..�^'J.:l."=4.'fiG eY..%9rvi.i:iS?.a.mry ..t .-::.v! �rv�Ssr}:J:.iirv4fikR�R'iut.YA!•Tha^r"�'Y£'�3rt.1.A�,.i.�ii.3.3.".ax+3'4�.«2� Limits Of Insurance 8 CdfJ•m.Jfh:..v�&ub^b.�^�"'.9}Si..aYu�,"�na'�:l"HeH aFXYfiS..t;S:.Fix aL..........f-.`L�9 .ki ..»is`�T�S^.°UXi�^:::sti.T'ei�.�"-0akitlii"v^'d°P L$ZuTiLSh.:'4^vF'_..v'v?Afi3 When Excess Follow-Fonn Coverage A Appf e,6 (Drop Down) iP 43!.6^SY:F.'E34"s'^vttN°5'?`FhTT3'„^.^2so.':1Ta:T'LS...d4..4 P'.:Y?.:Yti`,S'.✓bSLMR� O\ �"3.H.v.Y.::`+rc7mi4Ri-lL°TaYLs�'�'tfi:��'&�iTiG".�ivN"?§i�^V-+�. blevbi¢`.s'.YZ3 ExclusionslExcess Fallow-Fomr Coverage A iD t^.i v1 ExclusionslUmbrolia Coverage 3 11 Policy Exclusions 17 Conditions 19 Definitions/Umbrella Coverage g 216 Policy I7efrnllions 29 CShR"F,.ldRb.35t=:dnY"!k3B:L5r»aFMF 2?ie'SKVT� 4Y ..aY. __.n.,.� .S, s. ....,.,_xk snw.fc..x�V �6P3L, mS%SF'fdCS'R3 Farrr 0l-02 061Rev. J-01) Gor^,rqa t U yR RIBkhi0.11ll�CYrICRi�1Vl9�PFl pRE FWEIA ryAPPROgVED BY. 1 lu� r" FMRM1+Git+21S„ V*.c{Fv1�G '�,�„ Risk Management Analyst 9 THIS PAGE 1NTFNTIONALLY LEFT BLANK An—M OF 112-f1Ai5 [Rex 7-f11J —�--- Gmtrar.P w EwEo naAp RO DIWs[a - 7y■y■]��II 11II� REVIEWED&APPROVE48V' G1L�4n1� /� ry Risk Management Analyst CZH U EBB" Chubb Commercial Excess And umbrella Insurance Contract [,]case read the entire policy carefully. The; [antis and cenditioLis of this instu ancc include the Yad III IN NeUlk NI., cI IIIIS LMILI Niel: Co\RI'nge%; Invehllgalkni, l7atel L'.e Allll :YCnitlnlentY; Supplcmeniltry Payments: Coecnipe Tct'ritory: R'ho Is An Insured; Lnnirs Of IUuurancc; Wbon I l ress Follow -Bonn Crlvo-agu A .Aljvlie5 (Drop Down); I?vciiusicms: ( ut)(litiony and Dofinitious, as NvcII as the Declarations and any Endon;cnlcnti .Ind Schcdulcs made a part of Ilik iiisurrnico. 'fhtnrughnm Ihis Ixrn[nin. Iha wool, "you" and •gnus" re.1ei In [he Named Insured Nhmvu in Lhr. Declaratiols anti Other persons or organizations qual0im, as a Nclined insured under rlii, colihuta. Thu u•ot'alu Oat" "nb' kind'bur' ref4rto tho Company providing his in5urunvv, rn addition tri the Named Insured, other persons or orgnnizationsimy qualify as insm'eds- 'I'haw peesclnv or orpiiuzationa and the conditions under Which they qualify are identified in the Who Is Art Insured suction of Otis contract. Words tmd phrases than appear in Leld print liave special mcaninys and arc defined in tlic Dormilions suction orlhis conttuct s. ,... ., su auP,ea..e3'msrtYeY.e�£�Y rF:KriAlxa".RaS'Ys�;ma3::.ercd uu.nd..,..., on a. i..e, n+o ac+,r:'£�1a 54k.zr_e-c.�s a_asemne�enaazu. n,„..me^Em Coverage/ Snhicct ro all of the terms and conditions applicahlc to Excess Follow -Form Covcragc A, we Excess Follow -norm will pity, ou bclmll'of the insured, Ihat par[ ol'luss to which this euvakige applica, which Coverage A exceeds the app[ieahlc underlying lirnits- This covcrepc applies only if the triggering ovenrihat mast happen during the pnlivr period of Iho applieabl; underlying imm rance hupp4'nw during the polky p+riod of Ilns instlrunu'e. This cu\ eran . will follow the Wram and ; und.iliuns of undertlint; insurance dcsuibed in Iha I(A)edule ON Underlying Innaurance, unto•,, ninrrn or +N niditinli eonlnined in Ihis tarverlltiC: • differs kim sny Wan Vr condiliorl caialaiirlecl in the urg7lic.61y, underlying inaurnncq or iN nut Can lamed in Ihq up}+lieflbl0 nndcrly'ing in$11ra HV.C. With rasped to Audi cxc'cptions described ubovc, Ilte tams ¢mil cuncliiiuns contaimnd in [Eris covenngewill apply, io he ealem Ihal::uch tarrnc and cnndidtvs provide les4 coverage than the terms and conditions of tho applicable underlying insurance. Ttris cos erag•c: dour not apply to any part of loss within underlyring limits„ or any related costs or expetm-.F. WO he'uo nti oyligadon under Ihis irninrtu= with lv5priw't DJ floe pinlin or stilt saLdoli w4hotIL our conicit. Other diali m provided wider the tlil�e:ill a,ati017, U�1'ellle :\Jld Soldemeno wid SLppleolentan Puymunta sou ions or Ihis tmntrvci, we have no oth::r obligation or liubility to pay status or perform nets or scm ices under rh ii c i rcnngo. u s...,.:.,., �a.> ..r'; ...: .. s—'rmw ' err r a+r�-Vm Coverages/ Umbrella Coverage B Bodily lnfufy And Suhlecl Lo all ofthe Loral, and canditiuuN aplil ieahle 10l:vdne1lai;overugr li, the will pay, un Propetly Damage bchslr" of ffiv ins lass bi' reason of liability: LPablllty Covorage imposed try law; or • a.^suined in an insured contract; Chubb 0Orib'1;D?O; 1 LXG SS Ar+U Uffl lLVra MSLil�:Il= Fang 07-G2-0815 fifty. 7.01) Cvn:raet R O Mn��� �Y+� yy P Marag 1LC8fnWart iYl l REVIEWED&MPROVEDBI Risk Management Analyst Coverage B d3odily Injury And Property Vatnage Liability Coverage (continuo[!) Aciverdlsing Injury And Personal Injury Liability Coverage for bodily injury or property dantapt caused by art occurrence to which this coverage npplies. 'rhis coverage applies only to such bodily injury or property damage that occurs during the policy period. DanaµGs for bodily injury include darnages chdned by a person or organization rot care or loss of services resulting at achy tone tram the bodily injury. This coveage does not apply to any part of: A. loss to which underlying Insuranec would apply, regarelloss of whether or AM I. underlying insurance is uvailablc; and 2. the applicable underlying limits have been exhausted: ll. lass to which underlying'Ilrotts apply; m' C. any costs or expenses related to loss ns described in patrogtaphs A. or B. above. We have no obligation under this insurance with riLipect to any claim or suit setted without our Consent, Other than as provided under the Investigation„ Defimoic And S'anlements and: upplurro nary Payments sections of this contract, we have no other obligation or liability to puy suns or perform acts or services under this coverage.. Subject to all of (lie terms and conditions applicable to Umbrella Coverage B, we evil! pay, on behalf of the Insured, loss because of liability: innposed by law; or assumed In an Insured contract,, For advertising Injury or personal hljuty to which this coverage applies. This coverage applies only to such adveelislog Injury or personal Injury caused by nit ollense that is first conmaitled (taring the policy period. This coverage does not apply to ally part or: A. toss to which underlying Insurance would apply, regardless oFwhether or not; I. underlying Insurance is available; and 2. ttcapplicable underlying limits have been cxhausted; B. hiss to which underlying limits apply; or C. any costs or expenses related to loss as described in paragraphs A. or B. above. We hnvc no obligation mule this insurance with respect to any clahn or still settled withoutour consent, Other than as provided under the Investigation, Dcrense And Settlements and Supplementary payments sections ofidads co➢rtraact, we have no other obligation or liability to pay soars or perform acts or services under this coverage. REVIEWED & APPROVED BY: Fir P" Mma Risk Management Analyst [ZH U O E3° Cherub Corn merdal Excess And Umbrella Insurance ln+restlytati©n, Defense Subicut to u11 urthe terms and conditions of thin iimaraucc, ive vviII have the riolit and duty to And Settlements dt:lt^nd rho insari under Uck—ss Follow-liunn C'ovurage A, agmiml it suit it Ctnmwitm vvith loss to which sucli coveragc applies, if the applicable underlying limits have been exhausted by pagnwm, of indgtticma, sctlk�mt:nis or rut talutl caWsla err uspcneea (irouch e)ate or vxponsos r,;tuce well Iitttitsl: nr under thnlrrella t'ncerage B, against asult to which such coverage applies, even if such suit, is lidse, frdudulcnt or groundless. We huvc no duly to dcfand antic person or Organization agtlinst as. Claim or suit: to which this itsuraucc does not apply: or if any other insurer has it duty II dcfcnd. When we haca the duct' co lte.(end, we III at our discaetinn, i Mgtigjace art}' neW`itrrenee nr offenw alul S;mlc any oluiul or aril, In all odwr• mm rvu nniy, at our &is w ion, parriiciparle in the invem i3sidon. defense and sattlament of any occurrence, offense, daim or suit. Our duly IL) delixtd any pgr;,un or oiganiz0on undo whoa we Niw, until up tote tjpplicrably I .ittiil MIrsurnncc. k:m5£_befilkw, 7�..sX..M.xs.MEIN, .z'.;.g'YA:fi S8A�;5P1:.`r�V[4A&fft1'3@c_`�' ..14 .S.Lln ./?t: .�1..w.:�s..,�.] L"' ujpplementi SulII W ell vrlhu Wrnig and uvntlitiona ul'theg inhurontu, under i?aouaa I'ullvvv- Irorrn Payments Cavcrage A or Unrbmlla C'ov uagc B: A. we will lrat'; with respect ro a claim me investigate of matte, nr a snit against an insured wo dol'cnd: I. the expeubvi We lnt'uv. 2. the cost of-. a. ball hondm: or honds required to: (1) arypealjnrlpmetrls;nr (2) release alcrchmerms but only lhr bond aniotuu: wirhln the availahle Limit 1101 limirance. We rin not Iona to furnish th= bonds, 3. rcasnnablc-.Kpcnscs incw lyd by the insured ac cor request ro %Ssiit us in the iartsii atiuu or dcroasu ursurll Claim or wit. iucludiug actual loss of urliupn up to S 1000 a day becalm of time off frDln work. 4. Como razed aa,ainst the insured In the suit, except any: 7. aunrney 6ae6 or Iiiigatinn exprnses: Or b, u[her-loss, oust ur lxpenw; in <;unncetion avilh tiny irtiunUlitm or uthur uquitublo rvlkL 5, prciudl 4nvnl rawrosl uwurdud uguinst dic insured on Ihul purl of a judguuxri t� u tray. It'we make an offer to pay the applicable Limit Of lnmtuanee, we mi II not lwY any, pn judgutent irtcrest based on that poriotl or tiriw after flit oti'cr. C IMLO Onerrmcma4 Ly=s Aald L'Y/ bt)/'Jfa h1A nmoo? ' FO.n'Ii OT-G2�0.8l5iRvv 7-071 9� .a•.� lilekManagement4tWsfon REVIEWED&APPROVES BY -� —J Risk Management Analyst Supplementary � b. interest on the lbII amount of n judeimut that accrues nBcr entry of []re judgment Payments and 1mrore we have paid, offered to pry or deposited in court the part of ilia (continued) judlyneat that is Within the applicable Lin]it Of lnsnuanec• B. Supplementary Payments duos not include any ftne or other penalty. C. Supplennentaty, Payments will not reduce the Limits Of Insurance. Our obligatlon to make these payments ands when we have used up the applicable Limit or Insurance. Coverage Territory Excess Follow -Form With respect to D'EVOSS Poltow-T ornt Covcraao A, this insurance applies anywhere that ilia Coverage appliClAdeunderlyinginsurance applies. Umbrella Covorage B With respact to Utild rella Coverage 13, this insurance applics anywhere. s�...x rw. no-s<v, . ,._.. _.., a..>r.^s.,, n urmma-e,ae. rya,. +s us �w _-<ncv, •,�.,- .n ems. ., .., _��. w^....�w�e� Who Is An Insuredl With respect to rmoss Pollow-roan C:ovetago A, the following persons and organizations XCQ$S F01lvw-F0rn1 qualifyasinsureds: Coverage A • tine Named Insured shown in the Declarations; and other persons or organizations qunlifyiag as an insured in underlying insurance, but not beyond the exwnr orany lituiialion imposed under any cunlract or agrcernenn, Who Is An Insuredl Willi respect to Umbrella Covernge n, the following persons and organizations qualify as Umbrella Coverage B la,u ds. Sole Proprlelorshlps Iryou are an individual, you and your spouse are hnsm'eds; but ynu and your spouse am Insureds only with respect to the conduct ofa business of which you are flue same owner. Ifyou ilia: • persons or organizations having proper temporary custody of your propertyare insureds; but they are, tusiirads only with respect to the nnaintenancc or use of suit pnoperty and only for acts until your legal representative has been appointed; and your legal representatives are insureds; but they are hrsnreds only with respect to their drnties as your legal r0p cscohaivcs. Such legal roprescntativcs will trsstanc your rights and duties under this insurance, Partaerslllps Or Joint I you are a partnership (including a limited Nobility partnership) or a joint venture, you arc all Venters Insured. Your Incnnbers,,your pariners and their spouses arc Insureds; but they are Insureds only with respect to the conduct of your business. Chubb ConunarcM Lxcass Aad tlrn6rmQa lrlsuromA Fnem 07412-08t5 (Raw. 7-N) -- Cmrtrod R�EVIEWED 6.APPftOVm BY' ra z ai f 4M'6 V.tme'd • Ri5k4§anagemcnt Analyst C: H U B E3° Chubb Commercial Excess And Umbrella Insurance Who Is An Insured/ UinbrOla Coverage B (wriVnt od) 0l7ili`ed Liability Companies IC Vnu nrw }I Irri I"d li>tl7ility uvuipnny, yutl me an inynr(,.d, VoLl, nl erritn'I's m7d Ihoir ypliusce me tnsureds; Isut they arc insuredl only with resilzut to the conductofyour businc:s. Your rrinnio eiq tun insueedic but they mn iIli a MIA 41111V with lentrcal hr Lheir dal iea HS ybnr I1731Ya1?C1"8. t17er Organizations ly{1n }tli lift ❑I' nrlll}yliUn (RI 141hn }l pl'q ICSSiUrwI corpor,ali(in) (1llior Ilion }1 pnl'hwTyhip, join. vamule or limilat habiIily c,) Intiany, viii are in Insured. Your if!recrom and otficcrs are insureds; but Ihkyy arc insureds only with restEw I 111MU (ILI IiV6 ftb your dilimuIU s or u[fivers, Ymtr stockholders and their spouml; are insureds: bucthepare insureds only with respect cn their liability as year atocl(holdcn-s, GYF;ployeas Y'r}nrrmpingcrs al'e insureds; bi It ItiCy Im wis WkIl in Iha sropn ul1heir eniployrnent by you or while performing dnticel relarcd to the conduct of your busincr<. Vokinteer3 Perpnnn sehn ogre VnInniver workeiv liir ynu arc insureds; but diey;ue ilreueods only lily a118 within the. ceopc of their activities for you and at your dirovtiom Real Estate Managers Perbors; icthur than your cmpiny'ccs) or orguniratioiv while uuling as your real uatnlo manager: am insureds; but they arc insureds only with Isspoct ro ncxir duties a: your real estate Mrtnafna,s. Lessors Of Egt1lpment Parsons or nrganirli.ionx lion) whoni You i". ,o equiprnenl are insurvi s; hin inky are insureds only with respect to thy, maintcnanac or uv,, iva you of such cquipmcnr and only if you arc cpnlrpWitnilly o1lignlud to rnxoaidc Ilion such inrurauu:v- Ile it }itlnldcd by Ibis LOYi II'nUI. IlUtvuY'Cr: no Ruch paiuWi rieorganirku.iLan is Ill inuurQ(1 V.ithrospuwt lU am.; • dnrnirg,:y nriging UlU.UI-ttlgir UllIQ nugl gen(:4'; or uccurrencc I111IL occurs, or ulLanac thnl is couunilted, alter Ilne ulLlipincnl lease cndy, Lessors Of i°Yeaiises I'emons or nrgani nations born whom you lease premises ale lnsnreds; but they are insureds only with MIll)Wt to the nwncrship, Inaillmnanor, Or u,c of that particuhir part of such inernis.cs lu w,d Loyou mill only il'you a revollunultatlly ubligal oil lu pixlvidv Own) wish svoh iiv tlrrIIG: as is afforded by this; Cortnia. How,.;,cr. no such p:Iwon or organization is an insured with respccc to any: damages arising Our of Eheir sole negligence; occurrence ill;)] occurs, Or nl amnia chat is cmnndred, alter you cease 1,h he a tenant in the prctnivos: or sLrut'Iurtl allt'rution, now construction nr deraulitiun operitions perlornno.1 by or can hahalt'oithe M. BIMNjj Coen }rorurd Ezscss AM Jeribli41c fn&y 1QW F„rri 07-0:-MS iRvv 7-01) Contract _— a UN9 >ir�kMan-p/-'tumtl)hdelOn r3 PpREVIEWED & APPRO�VgED BYe Msk Management Analyst Who 1s An htsured/ Umbrella Coverage S (conflnued) Subsidiary Or Newly if there is no other instinince available, the following organizations will qualify as anined Acquired Or Formed insureds: Organizations a subsidiary organization of the first panned Insured shown in the Deolarations of which, at the beginning or the policy period and at Clue time or loss, such first trained fissured controls, either directly or indirectly, more than fitly (SO) percent of file interests untitled to vote generally in ilia election of the governing body of such orkanizntion; or a subsidiary orgi i7anlmt of the first moped Insured shown In the Oeclararions that such Fast named insured acquires or fetus during die policy period, if at the time of loss such first nutted htsured controls, ekher directly or indirectly, Inert, than filly (S()) percent of the inatresis entitled to vote generally in the election of the governing body of such organization. Urnitations On Who Is An With respect to Urnbrella Coverage 13, the following limitations apply to Who is An Insured, Insured A. l'xceptln the extent provided under the Subsidiary Or Newly Acquired Or N'orniod Organizatiunsprovision, no person or organization is an Insured with respect to the conduct of nay person or organization that is not shown as a nntned Insured in the Declarations. B, No person or organization is, an iussi ed with respect to the: I. ownership, Lila!ntenance or use orany assets; Of 2, conduct of any person or organi7aton whose ascots, basineas or argasti73r1011; you auluire, either directly or indirectly, l'orauy; bodily injury or property daroage that occurivd; or, advertising injury or personal iu,lur , arising not of an offense ttrst couinlued: in whole or in part, before you, directly or indirectly, acquired such assets, business or organization, C. No person or organization is an htsured with respect to the conduct of any partnership (ineludhtg any lituited liability partnership), joint venture or limped liability camlaany that is not shown as a named insured in the Duclaralians. Limits Of insurance With respect to all coverages under this Con€ract, the L knits Of tnsurarwe shown in the Declarut:ions and the rules below: fix the most we will pay, regardless of tire number oil + Insureds; + claims made or suits brought; = persona or organizations making clainns or bringing surfs; vehicles involved; or • coverages provided in this contract- rdfabb Comoseclef Excess ArM Uaibroft 7alaursrice Fnrrn 47-6USI5 (RPV.. 7-07) Gnntrar.P �y RialcldmagementDrviatan '� a�7 REVIEWED &APPROVED BY pp I� Risk Management Analyst a C H U EBE° Chubb Commercial Excess And Umbrella Insurance Limits Of Insurance The ag4rega1e Iinli49 nplAy separaIsly Ici aach cwlw5 tuive annual perio{I and to any remaining (confiltued) period of l.ss than twelve (12) months (starting with tha bcginuing of the policy period shows] it) the I)erlann inns); prnl idad the altpl i cahle aggregnle I i nlil s in un derlyhig insurance ,I I)[) lYin such manner. If the agnrcgace Ilmitz in nnderlyillginsurancc do not so apply, the app(icably' ,rvvrgvanc lilnilb ofdlik i'nguranW will tlpply to dio untirt,, policy period and nul suparotuly to arty portion ( whether an nual or oth erwi se) thereof. if d),� lmliey period is cxtouled after issur nCc, Ill. addlrlonal per'iod will be dmrncd ptut of the last plvucdlrr� period I'or purpuwus vFdanyrmilling the r.i I01b 01'1 nsurtarcc. Exoe&S Coverage Other Subicul to thu Each OuIlurr wu Limit, the a -cuss Covorugur Olhcr Aglaugalu Limit is thcmost Aggregate Limit wewil I par Rn' the sum (Iflow under I :xcess Ml low-Ifnrnn Coverage A, except Inxs: mclucled In the produclSwonlpletedaperahons hazard; • ari0ig rartofs(lv'ertiSiot; injury pr peryurral iajtury; Ur olh{mcwtst' uuvured by urt(Wrlying llllorunt'.r; bul to wdlich nU as_grcLIaitc limil in %ch underlying insurance al) fl ies. 'I't1a I;•.eczsc ('mrer.•lges Other Age re ata Limit will apply "JinfaLely to Inss in the sane manner, as rach tlkgcgttic limit so upphas in uauh uovaago or policy dcsuribcd in the Seha hk Of t.!aleii ving Insuntnce. Urtrbrulle Coverages Sutjw to tho Each Oueurrcocc Limit. the timbralht Covcragos Aggaugarc Limitis the most wt' Aggregate Limit will pay 1'ar the men £Inks rrn[Inr' llmhrelln L ayP.l':b;eS, oxop.111 low • incladol in pit+lrrutlotay-{cgngalrletl upernliuny turiurdl or tlrising uu4 of udverlising injury' ur persunral injury. Products"—CompMed Suhiecl th the Each 0canrienae I.1mic the I'Induwra-Cnn)pleterl t7perntiirns. Aggregata Idmlt i; Operations Aggregate Lit rit tho moost w'c will ptly R1r the sum of loss includeal in the products-ooroplaW cperatiow hazard, avcrr if MION Inkk is or nllrerw•iar. would Ile cin'cli'd in whale or in llaai under nitre Ihan one cowragrge. Advertising hljury And Tha Ailvcrlining hi lury .And Irer+ona.l rnjua'y Aslbreg.rle Liro h.;%die mow) we oill pay for Ilse Personal Injury Aggregate arms cif loss for advcrlisitg injury and pasonal minty. cVQI1 if such loss is or ott]clwisc would Oink L1c ouvkTed in whole or in purl unf a anon: lhtan ant; eo vcrago. Each Occurrence Limit I'hc h:ach Occurrence Li niit h the most we will pay for chc lull) of loss arising nut of any one at;{ 411-tt'1]CY:� even Ir'suda loss is 1.,I C1lhonvisc would be col urcd n1 whvlC or to pmt under moro than one coverage. Any amount pair) for loss will reduce the nniount ofthe appl Icable aggregate limb available Ynr ,my odwr paylncot. ff th,; applicnblc aggregate limit has been rcdnccd to on amount that is )cis than du Each Occurroucc Limit, the. romaining nn]clunt ul'allch dgl�70g*c limit is the moll that will b;: available for any ocher payment. L"i�9'•.Xi.. Ce L,L. Ufsw�� d- »�•'.1r. �t�-..-..��iv3 �""i.,is.k"9.33IIZf.4Cc£i..w k;lfn .'i£�.'3�£' h,is .. rva, eF ,.,.> .� ..2FR W ;F_? ..,. d'+fi'EM[dgl Chubb Comnlumild LY. Sls APd Ur,1Wl,1lI0 10&fezlooC Form U7-02- t5iRvt•. 7-071 Cantrac! R1sk Management Dtvlslm IrFOAP�'drl� REv1E%v)Eu&APPRMm er a 111��;. � F�rt.vais+t F, U.i�Anz�i ttlsk Management Analyst When Excess Subject to all o dic terns and conditions oC ibis insurnnce, with respect to I=ess Irnliow-I°earn Follow -Forty? Coverage A, ifthe npplicable underlying lirnita area Coverage A Applies reduced bypaymcut of judgments, scalemcnts or related costs or expanses (if such costs (Drop Down) or expenses reduce such limits), rx"ss Follow -Forum Coverage A will drop dawn to apply in excess of the renrnmmg amOtmt of the npplicnble underlying Iluits; or exhmisted by payment otjudgments, settlements or related costs or expenses (if such costs or expense.. reduce such limils), Excess Follow -Form Covartgo A will Apply in tine same manner as the applicable underlying insurance would have applied but for such. exhaustion. +'.V ., ;w ?. ^P ` ' ••, .ery G �r-.9+u = s. .2..h4EWM1 11 „,.M' . :.^� :SF e.a _i4t �i+b—?ax'23=¢ilssl R..F'ak:39 Excluslonsl with respect to Excess Follow -Form Coverage A, Ito foilnvving exclusions np;nly. Excess Follow -Form Coverage A Poltut on A. This insurance does not apply h, any liability or loss, cost or expense arising, out of the actual, alleged or threatened discharge, disporsal, swpago, migration, release or escape of pollutants, other than as dowdliM hi, paragraph C, below. B. Paragraph A, above does not apply to: bodily injury or properly damage included in the products-complotcd operation3 hazard; 2. bodily injury or property dntnagw a. caused by the escaiac oroperating fluids which are necdcd to perform flie normal electrical, hydraulic or mechanical functions necessary for the Operation of mobile, equipment Or its parts; b. if sustained within a bttildiug and caused by the release of gaseous irritnnbs or contaminants from materints brought into that buildbag, in connection with operations being performed by you or oil your behalf by a conhaclor or subcontractor, or c, resulting from your other ongoing contracting operxions; 3. bodily injury iFsustaine-d within a building and enusecl by the escape of guseous irrilaots or conummivams from equipment used to heat drat building; d. bodily injury to property daninge caused by heal smoke or fuunes front A hoslim Cure; or 5. bodily Injury or properly damage resulting train the ownership, maintenance or use of un unto. C. This insurance does not apply to any liability or toss, cost or expense arising out of [lie actual, nlleged Or threatencai discharge, dispersal, seepage, migration, release or csonpo of pollutants:. I. which ar+c or were at airy tine transported, handled, stored, disposed of, processed or treated as waste by or for any: tt. Insured.; or b, person or organization For whom tiny insured may be legally responsiblo. 2. at or from any pretuiscs, site or location: I . which is or was at any time used by or forany insured or Other;& for the handling, storagc, disposal, processing or treatment ofwasic; or Chubb GoinmrCM Exe0ss And Umbmfla irisurance Farm 07-02-08t5(Rov 7-00) t+M1tl'Rrf RlekManagemmEDlvu[on ,�s��. REVIEWEo&APPROYEDBY '19 IlI' '�' 1hs,oi.Ne z mE d Risk Management Analyst C H U B PR" Chubb CommerclalEEKcess And Umbrella Insurance Exclusiorras! Excess Follow -Form Coverage m Pollution b. un xahich nny i INS IN Md ur anY con h^nalur ur ruhcnnlm.anr work in V. divorl ly; sr (mnilrrttad) iudircorly On tuty insured's behalf is performing uperatious, if thv uporations m-e. In Ioil Ihr, nimilar, radim uh, relnove, cnvlain, lival, dcurxify at ncutallize. or in any way m"Pad to. Or assess the cffbxts of pollutants. U. I'Itis ilmoranec does not apply to any lom cost or cxpensc arising out of any: request, demand, order, oricgularny or statntary rcquircmcin that any insured ar Othm lust for. inurmor. darn up, n.movc, conlaal. IMll. dctO:sile or nentn1li2Q, Or in any way reiiw rid In; nr ae:ess dte eWetlIs. rrfpniIntalttsl or claim ur 1nrr;� l i ag try ))run hchnl I'ofany giwonnnruod atrthnrit}. ar ula;etr Ibr danrtfcs bmiusc of t.:sting for. monitoring, cicaning. up, rernoviug, comtdraiug, Irvating, tictuxifying or nutivolidng, or in any wity ropunding Io, tara;,�uWng thu aftuctr: of pollutants. Paragraph U. above does not apply to the Ilabil ity for damages; for propertg darnage, that the in wrOil tywtdd haw irl the F7115S't'q'.0 of such Tannest, dernnnd, tordo-(IT rx+gulaloly Ur sudusury roquiretrtcnt, nr such claim orproeccding by or on behalf ofaocernmental authority. I his cxc lusion app lies mgnrdhcss of wh Ahc r or not the pal luri on was accidental, expected. 17tidua1„ hand¢, proventablc or suddon. Obligations Of Underlying A hk wilirancc Ares not apply to any I iabllily or IOss, coat or expense for which the liability or Insurance obligation under underlying insurance is by WX 11111intitcd. Undodying hlsut"Ince Nomiilralantling anything lO Ou c0urary' Set I'nrlh in any odwr pruyi+ion of'ilrii a!uronrul, ihii Exchssicns insulance does not apply ro ant liability ar loss. coat or expense to which the terms and cundilions or underlying insurance du not apply, s::r,:�.m*'�rxss..r.raax:..:rars,_,.:_�ra.,?Fxa^�»..�m¢vs r�r+.r.�_x ae,... ..,.:.�^x.,. c. ;_.-a.��.rs��..�vrsrs�.�.*e�ara..stra�rIMu...c�,;,.re.z .•*a :� r:a Excfuslonsf WA l:alwct to t.tubrdla Covcragc 13. Bodily Injury And Propclty Damage l.iabi ling Sits erago, Umbi,ella Coverage B Iln+rulluwirii; "'chisiuns upPlq, BodNy "'Jury/ F'ropeeiy Damage Aircraft 0xined Or Rented Thus insurance does not apply to bodily igiory Or proprrty daumKe arisiry out ul'tho Without Crew cmncl:ship, mainicnanc-us: (tisc inchtdes nitcration and loading or unloading) arcntnutm,:nt to othtxs of nny auvroft owned or oporntcd by or lcxincd or ranted to any insured. This exclusion dues not apply tO an airentlt ttan is: Ioanod or rentcti to you with a paid. tralncd crow; mul nor oWnai, to whole or in pasq by any inittrkd. Chubb Oonzn 1'aLXCY6' And UM&UjoUjo 10,eiff,10M _ Farm 07-0214M5 Rev 7.071 eonWad „ WehMarmgentuttl)IWsltln , S��rR'EMEW/ED&pAP'Pfte OdVMSY. i t MrWie.i+2 h,. Ms64fKGRt nek Management Analyst 'V E'xcluslonsf Umbrella Coverage B Bodily Injury/ Property Damage (continued) Autos,` U, S.A., Canada Or This insurance dnm not apply to bodily injury or property damage arising out of the Puerto RICO ownership, maintenance, use (use includes operation and leading or unloading) or catrusuuent to others ofany auto Owned or operated by or boned or rented to any Insured, This exclusion does not apply to bodily injury or property damage causod by an occurronce that takes place outside orthe United States of America (including its possessions or territories). Canada and Puerto Rico, Damage To Impaired This insurance does not apply nM prope'r(v danenge to Property Or Property Not impaired property, or Physically Injured • property Thal has not been physically iu;jured; arising out of arty: • defeat, dcfloicney, inadquacy or dangerous condition in your product or your work! or • delay or failure by you or anyono acting on your belutlf to perfmn a contract or agreeniou in necordance with its terms and conditions. This exclusion dons not ripply to the loss of use ofuthur tangible property restdti it from sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage To Insureds This insurance does not apply to property datmrge to any properly: Property owned by you; or • oftiny insured, that isin the care, control or custody of any other l arured. Damage To Your Product This insutaneo does not apply to property damage to your product arising out of it or any putt of it. Damage To Your Work Jr This insurance does not apply to property dantago to: Related Property your work aria -nag out of it or may part of it; that particular part ofreal property on NAiah you or any contractor or subcontractor working directly or indirectly an your behalf is performing operations, if the property damage arises out of those operations; or that particular part of nny property that must be restored, repaired or replaced because your work was incorrectly peri'ortued on it. Chatrn Comrmmlat €xoess And dnr8ratre trisurance Fans 07-02-aGM (Rev. 7-01) rwtrrxcr �.� lirekManegmteat4lvlslun Y 4 REV EWED & APPROVED BY risk M anaaement Analyst Sk. E= H U E3E3" Chubb Commercial, Excess And Umbrella insurance Excluslor'7sl tlrribrella Coverage B Bodily injury! Property Damage (continued) Expected Or fretertded Thk nusorance does not apply to bodilyinjutyor property damago mixing ow or nn ocl that: Injury Is inlended by the insured; or %yould be CRpteled linen 111c &LandpOiot QIt reie5onnlde per.on in the 4J%ljIII 51tFn:eu GI't he insured; to cause bndiie injury or property dnmtige, even if the Iteniaal bodily injury or proper- darnagw is of a difAririL didnw or typa [hurt interidcd or cxpmcd. 'This c:c.chision doer; not apply to bodily injury or property damage runlhing from the use of rcewonahle Come to Inxucaa peNons oe uingihie properly. Lass in Progress This imill'ance, does not apply to bodily injury or property, duniagethat is a change. son l i n ua Hon or rem urnpliuri of tiny hndil}v ➢nj o ry or properly da eitage k rrll W II by pin,, prior la the beginning of the policy period., to bare uceumd. Bodi ly injury or p roperty do m age w•i I I he deem) ed to be known by you: A. if such injure or damage is known by, or should have peen known front the standpoint of it rcanonabin purson in tho circun;suiam, of: i. you: 1 any ofynurdirertor,.nianapprs,menihcrs,nffitevsitsrrheirdompLnecs)nrpalmers i w1loLhcr or nul tan employ l^u): u It d D, Mien uny pursun dcnuribcd in pami rdph A. Libova l . rcpcwla n11, ur tiny part, orany such inj urn or donutgo to us or tiny other iniorer; 2, receives n Claim or a demand for dranagrs bccmisc of wry such injury or damage: or 2. rewinea aware that any inch injury ru• dan aga liar. oci:urred or hos hewn irs recur. Watercraft: Owner! 'I'hic insurance Auer not apply to bodily injuvy or property damagearising out Of tile UWIAVrship, tnitinLeValttcu, uw (use nidudes opurniien and funding or unlond'utg) orcnlnasliwnl to others of any untcrcraft owned or oNrdmd by or loaned or reined to any insured. 'whip excIlWolt dnes not apply to a willercnUl: +whlla ashore on pmrtflse8 uwnud by or nrd'ud to yoir tar • Lhal is nut owned, in whole on in pwl, by ariv insured. u:8.¢. .ems.-. .. _ i-e ., .u:2 ...... .. .n..Taa'4x�4o..'�.,5'ya.,.ixamaS.x__S�a �c*IE4�•...3`3_ �n -na. �auva �.i _ s.,, rs R.,...aw.d�lr c'�u+3�✓3 Ohebd CQtN.W;eyjM Lxc+:sa AM JWbMea 7ee5rrenoW Fomi 07-02dORff iRsr. 7-01J contrad E, Risk MnnagerxerrtDhtkin i lk REVIEWED&INPROVEDBYe i Risk Management Analyst Exclusions/ With respect to Urnbrella Coverage 11, Advertising Injury alntb Pe-isennl Injury Liability Umbrella ella Coverage 8 Coverubc, ibe falIuwing cxc9usirns reply, Advertising Injuryl Personal Injury Breech Of Contract This iuslruace does not apply tr uttvarflsing Injury arpersmaal Injury misir� art ofbreach orcontract. Continuing Offenses This insurance does not apply to advertising Injury or personal lujury flint arise's out ofthat par[ of an offense that continues or resumes after the later of the end of the policy period of: A. this hisurance; or 11, a subsequent, caminuoas renewal or replacement ofthis insuraum, that I. is issued to you by us or by an afiiiiiatc of ours; 2. lomains at rome while the ojTottse continues; and 3. would otliumisu apply to advertising injury and personal Injury. Crime Or Fraud This insnlnneod'oas Clot apply to advertising injury or personal Injury arising out orally criminal or fraudulent conduct committed by or with the consent or knowledge or Nu Insured, Expected Or Intended This insurance does »tit apply to advertising Injury or personal lnjrny arising out of an injury offense, committed by -or behalf of the insured, that: Is Intended by such Insured; or would be expected from the standpoint or a reasonable person in the ciremnstmrces of such insured; to cause injury, Failure To Conform To This insurance does not apply to advertising injury or personal Injury arising out of the Representations Or failure of goods, products or sem ues to conrorm with any eleetronie, oral, written or other Warranties repre,Ganlation of warranty ordumbility, illness„ performance. quality or list. interrtetActivities This insuranut(toes not apply to advertising hijury or personal injury arising out of: controbhng, creating, designing or tlevebotaing aranothoes hamlet site; A controlling, creating; designing, developing, determining or providing the content or material ofanwher's Internet site; contro€ling, f4eififating or providing, or railing to control, facilitate or provide, aecess to the Intenmet m' anntltoea Internet situ; or publication of content or material on or from the Internet, otherthmt material developed by you or at your direstiou. Prior Offenses This insurance does rot apply to advertising Injury or personal lujil y arising out of ally ot%nse first conuaiinad before the beginning of the policy perhx€, Cftbb CommerdW Excess Aaf UmDrolki bisuranov Fnem 07-02-OS15(Rev. 7-0 f) CrHrtrar,P r� w� Wa4Menagemertl)wiatmt REviEwEofx APPROVm BY i �nA.e•rwx f:. V,�tf writ y;'. rr '�Risle Mana9emen[Anatyst k Fm Exrjiuslonsl Umbrella Coverage B Advertising Injury/ Personal Injury (Confinti8d) Publications With KnoWeo'ge Of Falsity Wrong Ciescrrption Of ,Pdoes Chubb Commercial Excess And Umbrella Insurance 'I'llk oil surance dnes nol apply to advorlising injury or personal injury arising nut n1"any akxtronk,, oral, wxitim or other pubHcution of martin/ by or with the cumznt of the insured: with knowledl c of its falsity; or if a reasonable pcnion in the circunrsranccs of such insured %VonId havo known aurh rualcrial lu be false Thk insurance cloes not apply to advertising injury or personal injun, arisingout of the wwng description of chc prior of goods, products or scrviecs. �s��srazxsacmm�as�sers>:srxcea€srrAvx, sa�„am�^mz�as3mw .saasrr�ara.,,:s4�rr �arm�sas..-°�a�s<ee�eaN:.a:�xeeay.:acrrcamr�sam�•u=::�:nc�r Excluslonsl Willi rtalaedl 10 Cmbrv1la C kwomigo R, Bodily Injury And Proporiy numndc Linbility Cat+wags Umbrella Coverage IB and Advertising Iniury And Nrsunnl Injury Linbilin Cowrago, the followin'> exehasions upply. Bodily Injury! Property Damagef Advertising injuryl Personal Injury Employee Of Worker A4 11tis imuruiec duos no llpply to budily injury, propeaty dxatage, adveriisutg injury Injury or personal injure nrintained by an empinyea or towporary worker oft1w insured arising out of and in the course of-. 1. c npluymcnt by the insureds or 2. performing duties related to tho conduct of the insured's hutincss. B. i'Itis iwituancc does not apply to bodily injury, property, daurage,personaI injury of adver-flxirtg injure calculi ice] by Ill r. Iml Iher, child, parcnl, :,h 1H nrsponsr, nl'nuclI injmrcd perion, as a irolmqucncc of any injury or dnnrage described in paragraph A. nbuvc. This cxchlsion applies: whcthor the insured nets' bu liablo ;as an employee' or in tiny other onpaoity; and to any obligation to Mkrarc darna8cs with or repay sonl'one clsc who must lulu damaged boram,B of any initily Ur dllIa54C dvxoriI)td in pliia nraph4 A. it 13. alm,v. Enhancement, This insurance does not apply to any lone, casr or erpome incurred by yarn or other, for any: Maintenance OrPrevention A. enhaneancntornalinrcnanc. otiany pioperty;nr Expenses hi. preveruinu orally injwy or rlanlaae to any: 1. persaur nr DMIanifaliuo; ur 2. prol7erly you own, rent m moully. ChuLb Cloraifa8rC0 Lxcoss And timb.mia Ira-wincc Fomr 07-02.03l5 Rev. 7-07J Con:rsLi RlehManilpr EDlWWIrnt ' 8� REVIEWEDFi APPROVED BV z Vaan.ark Risk Management Analyst ilt Exclusionsf Umbrella Coverage Q Bodily Injury/ Property Damagef Advertising Injury! Personal Injury (cenflntiod) Olellectual Pfoperty La WS This insurance does not apply to any actual or alleged bodily Injury, property damage, Or Rirglats advertising Injury or personal Injury arising out of, giving rise to or in tiny way related to any actual at allo,ged: ;assertion; or infringcmont or violation; by any person or orgnn1716011 (including any Insurers) of any f t(ellocitmi property lave or right, rugardless of whether this insurance wnuld olla rwise apply to all or part of any such actual or alleged injury or domage in the abserrce of any such rental or alleged assertion, infiri,ngernow or violation. This axelusion applies, indesssuoiinjury: is caused by an offense described in the definition of advertising injury; and does not eriseoil( of, give rise to or ht ally way relate to any actual Or alleged assertion, urfringemcit or violation of any intolectual proporty low or right, other than one described in the definition oradvorosing injtrry. PDllutton A. This huturance does not apply to bodily Injury, property dau age, advertising Injury or personal ]njury arising out of the ncloal, alleged or thraatcred discharge, dispersal, seepage, migration, release or creape of polhrtatts. 6. This insurance does notapply to any loss, cost or expense arising outof any: 1. request, demand, order or regulatory or statutory requirement that any lusuretl or others test for, mortifor, clean up, remove,. contain, treat, detoxify or neutralize., or in any wa,y tespond to, or assess the af9ecis of pollutants; or 2. claim or pro:eedingby or on behalf of a governmental Authority or others for daoroges beeauso ortesling For, monitoring, cleaning up, rvatoving, containing, treating, detoxifying or neutralizing, or at any way responding to, or assessing the officers of pollutants. This exclusion applies regardless of whether Or not the lrollution woe itrcidawal, expected, gradual, intended, presentable or sudden. Recall Of Products, Work This insurance does not apply nr damages claimed For any Foss, cost or expense incurred by you Or unpaired Property ar others for (lie loss of use, withdrawal, recall, ll, inspection, repair, wplacernent, adjustment, removal ordisposal of your product; your work; or impaired property; DiubA Gomaiarc0af Excess Arid 00toffa MAyramy Foem 07.02-0945 (Rev. 7-0 0) rwrxafrarP Rick Manage,nmtDMSIM f ,rIy REVIEWED&APPROVED By., h 8' aiiilll' it Far.crt,n.¢ k. V.9.ta.,enE M—' Risk Management Analyst C H U O E° Chubb CornmercislExcess And umbrella Insurance Exclusions/ Umbrella Coverage B Bodily Injury/ Property Damagel Advertising Injury/ Personal Injury Roca# Cal Products, Work if sucks product. work or proparly is withdnlwn ur recalltd Ruin till market or livin use by any Or finpain)d Property Fmon orarGanization limniso ofu known et oraospccd defect, doficicncy, inadoquac,' or (oonthmed) clangcrouswndidunill it. Policy Exclusions wllh mpcer to al I eovvam under this eonuYlit, thQ lWownlg Oolttsionb apply. Asbestos A. This hnumnce dLvs not apply w tiny liabilily or loss, aunt or expcose liribing out of the actual, al I aged or rh reatenad ooruninI n at k-e, pathogenic, roxic or orher Itaaardou propcnics of asbestos. B. Phis insuranea does not apply to nny loss. cost or cxpunsc arising out of any, 1, mqucst, dcrnarxf, ord,cr or rcgnhnory or stalutory rrquirernent thut any insured or ullel''stell R11r, nlonllor. Clean up. Willow, conlnln, treat, lleloti ly or Ileolell Ivo, or in any pany respond m, ur assess ncc ctfocts of asbestos; or ? claim or procc.txling by or on behalf of it gowt-nincnhal authority or others for rlaroml; bccatis;: of tcbting f'tr, moniloring, claming up, n+moving, willahnmg, twating, datnxifying or ncutrtlizin-, or in any way responding to, or assccsino, It- eflcvtS of asbestos, Coveragesl Laws, Vtjplpus Thic insnranc:J dmb ncll apply to any liabil ily or loss. uusl sir enpvrm! (it* uhligalion ul-any insurers under kary- medical cxpcnscc nr pnym.nts corcnlgc; Ito -fault law; r personal hifun• protecdon wvelage; underinstu•eel wuninsured financial re,pnnsibility Inv, will-l.gl'ti eonlp;:ilritltikill. il6lbilily bCnalii,yt.a'tatvVnplo)`Vp111 GQulptlrihlilion 11 t'i; or similar cxavurug:: or late. Employee Retirement Tllis inYurWiCa dill, lilt. apply to any liahilil.y or In:,'., Co•,cor expwin v. or obligulion to any Income Security Laws insured under the Unitod States of Antcrica EraplovWV Retirement Iwoure Souurity rlat (E.R.I.S.A, ) of 1974 or any' surdlat law, as nuYv cuttslit a tcd or lrcrcnll cr armtuded. Emptoyme n€-Related A. Pitts insurance does not apply to any liability or toss, coat or expense in connection with ProCtices un4 chuuagoa auahunOJ tit arty linty by any porson, w'helllVr of not Ski SulirWd ill 1110 VXJLa C olI ell) ploynte111liyanyInwred,arialnpnu,tofWit yern1)10 rMeIll -Dialedact,all 1icrinlr, policy, pnluticc urroprroscnluliun diruatad W such person, occurring in uholu or inn part at any time: including any, I. arre.g, delendru or lilllriaonn1ent; Off bA Comm^„m ALyw s AV 4YnWUN? lRSUF.'Wi Fom-fl7-r?-t18' Met, 7-01I cowraot f e. R2ekManagrawmLDlWslun V l , rt RENEWEr) & APPROVED BV l gvww f f $ c �oat�ttc 2, V.lfrnaf�C Risk Management AnalXst Policy Exclusions Employmont lvofafod x. breach of any express or implied covenant; Practices 3. coercion,criticism,humiliation, prosecution orrxtahadon; (continuacij d. defamation or disparagement; S. dernotion, discipline, evaluation or reassignment; G, discrimination, harassment or segrogatiom 7, a. eviction; or b, invasion or other violation of tiny right of omignnrcy; K. failure or rcrrtsal to advance, compensate, employ or promote; 9. invasion or other violation orally eight orprivacy or publicity; 10. terrnfantinnofenrploymcsr;or IL other employment-relatcxt act, omission,. policy, practice, representation Or relationship in connection with any insured at any time. H. This insurance does not apply to any liability or loss, cast or axpcuse in connection wrdt any damages. sustained at any time by the brother, child, parent, Sister or sporum of Emit parson at whom any employment-rolmed act, omission, policy, practice or representation is directed, as described in pamRnkph A, above, as a consequence thereof. This exclusion applies: whether are insured may be liable as an employer or in any other oapacity; and to any obligation to sham: damages with or repay somerrne else who must pay damages bccatuso or any Grille frn-cgning. Nuclear Energy A. This insurance aloes not apply to any liability or loss, cost or expense: I. with respect to which may insured under [his policy also has status asap insured under a. nuclear energy liability policy ismied by Nuclear Energy Liability Insurance Association, NILOUal Atotntc Energy Liability Undcaxvtiters, Nuclear hasinarnce Association of Canada or any of their suceessors, or would have had status as an insured under any suchpolicy but for its tcrtuination upon exhaustion or its Ilmit ofinsurance; or 2, arising out or the nuclear hazardous properiles of unclear matetrlal and with respect to which: a. any person or organization is required to maintain financial protceii0n pursuant to the United States of Arnerica Atcanic Energy Act or 19s4, or any larw amendatory thereof; or h. the insured is, or had this policy not been issued would be, entitled to indeimriry from the United Stares of Arnerica, or any agency lhercor, under any agreement entered into by the United States of Arwriea, orally agency thereof, with any person or organization. B. This insurance does not apply to any liability or loss, cost or expense arising out or the nuclear hazardous properties ofnnclear tnaterfah I, ifdtounclear tuatcrialt Ell is atany nuclear facility owned by, or operated by or an beltalrof, any hrsaredl Chubb Commercrrjt Excess And Umbteart lnsurencx Farm 07-02-09 fS [Rev. 7-011 Crnvmcr 14 y r. i RiekManagementDtvalon " REVIEWED&APPROVED BV a. ) Risk Management Analgst U C H U B B' Chubb Commercial Excess And Umbrella Insurance Policy Excfusinns Aluciear Energy Is, h,c> tworl di54dwrg, LJ or Ili Ipui5vj I rprafrpm; Or i5 i:Vrll tlin4d it Ilnviv."r 5polt (continued) ,itch or nuclear wiLstc at any time transported, handled, stored, dkpnsoil nf, proLnsscsl, Imulyd, possoaaed or used by or un bchalrof any insured; or 2, in any wny rolulL+J to thY furniihin r by ury insured of aLrviaos, inult'rilds, purls ur cquipmcnc I n conlimion with the planning; conmurtion, maintcnarlec. operation or our LiI'any nilrIva r lard ply, Iial if YuclI RIOT ily ib lowwd withi I Ilgt 1-;l Ill kl State; of A nerica (I nchtding its or terrhoriee) or( )nnada, thin subpanlgniph 2, applies only to nuclear propart} damage to such nuclear facility and ant proper,;✓ thereat. Conditions With respect to alIcnrern.es. under this.coriuraci,the followingconditionsapply. Appeals We may.. it our rlincradon, inilkle or participare In an appeal or., Jndp#rnenl- i t'anch jurltirncm may result in a payment under this insurnnec. If we initiate or participate in tut appeal, we wiII gay our coats of till: apinal. But in no case told Ilse rrtrwunl. we Ilay IM loss OuVCed Llle. I.inilln 0I' lnwwanr:e. Audit Of Books And We may audit your bunkand lerortk as they relate to this insurance at any time during the Records form of this puliuy and up to dtrcoyutus alL.rwitods, Bankruptcy Bankruptcy or imolvency of the insured or of the lnsured's osttuc will. not rcliow us of our crbligui.ions unbar plib inburlinm C;aneclialion The lint named tnaunod may aaneel Ilik policy or my of its individual coverage; rn anti time by sanding u; a writ lcn ticlucsl or by rctutninp_ laic policy and slating whan diovilflcr call callal lon is in tale elleci. We. nulp cancel Ilik policy or auy cif ils initini lual wkbrage%xl any hirm by,Iending to the firm named insured a nuliur sixty (41) day& or twtnty (20) days in the evirrt of ❑on•paynicnt of prurniuln, in nc1enrlu4 pr tha ctulcCl latpnli dulu. Our nmiw crf cancullullon will ho rnul(,xi ion Ow first Halted insured's last 1ntowa adlirm and w1111ndlcarc the dutc on which oomatc is lerminaled. II'm,tice n"cancel ladon is ill iileri prnnl,of, inn iIilip will Ire snfricient pmnl-of notice. The earned I). rcrninni iviI I I)c computed an a pin hats haai;, Any uncarncd premium will he rclur'ned as 3pLtn fl6 prtr icublu. Changes Tilit policy Ott] poly Ix chunmod by a R'rilion, o llum.j it vra Two bcmuus pal{ pl Ihli pol ipv,'nsv, crtdor4L' trim LInuit he M Lill Ed by one of our autho rind n.plvscIitafiv 3. Compliance By Instireds iPe havu no tltlty w provide cuvorugu under Ihis policy unlwq you aml any olhar insplsucl insured hurt frilly co mill Iicdwlrh ill of clic terms and conditions of the policy. ChLbb fColrilNG acd Lywss And L'JlrbnV10 If4&041 }CA Faint 07-02-03*5 Rev 7-07,1 Contract rgrD °'\� lUekirtarmgzrnai{DlWalon �", rR�EVIEWED&APPROVED BY.' ,Q Risk Management Analyst ,k (continued) Conformance Any teams of this insurance which are in Conti let will the applicable statutes of tile State in which this policy is issued are amended to conform to such statutes. Disclosures And We have isstlud this insurance: RDptY'Sel7fatioris Based upon representations you made to us; and in reliance upon year represcauatives. Unintentional fafltue of an employee of the Insured to disclose a harmed or other material htfonualion will not violate (iris condition, untess an officer (whether or not an employee) or any insnreat or oil officer's designee [snows about Ruch hazard or other material information. Duties In TITo Event Of A. You must see to it that we and any insurers of underlying insurance are nooitied as soon Occurrence, Offense, as practicable of any occurrence or offense that may result in a etuhn, if the claim may Claim Or Spit involve ass or other insurers, To due extent possible, notice should include: I. how, when anti where the o"xnrenco or offense happened; 2. the ontum and addresses of any injured porsous and witnesses; and 3. the nature stilt tucation or tiny itrjory or damage arising out or the occurrence or offense. Notice of oil occurrence or offense is not not a ra claim, B if a claim is made or suit is brought against any Insured, you muse. I . itnffiedialcly, Mcord Ilie spceiftes ofthe claim or stilt and the dato received; 2. notify us and arty other insurers as soon as practieablc; and 3. scv:'tn it that we rcccivc written notice of fhc claim ear suit as soul, as prftulicablc� C. You andany other involved insured must: I. inurediatcly send us copies orany demands, notices, smmnonses or legal papars received in connection with (Lis: claim or suit; I authorize us to obtain records and other iafonmu[ion; 3. cooperatee with its and any other insurers in dic: a. investigation or settlement of the claim; or b. defense against the mutt; anti 4, assist its, upon our requou, in the enferectuene of any aright against may person or organization which may bo liable to the insured because of loss to which this insurance may also apply, D. No insureds will, eaceptat that fumored's own cost, make any payment, assume any obligation or incur any esponse without our cc usent. C. Notice given by or on behalf of: I. the insured, Chubb Commercial Excoss And Untarelkt Isisorarlog _ Fnrat i17-02-(l815 (Rev. 7-01) (:+Nlrrfigl �, RfekManagtmimtDturaion /REVIEWED&rAPPRaVpm BY. gl>tW erg f �o3.9v;vl�L F�, �+u{ daFJ. �"' Risk Management Analyst C H lei EBET Chubb CommercialExcess And Umbrella insurance Conditions Duties In The Event Of 2. the itti ctl pur.ou: or Occurmnca, l?f on s% i. any other ulahruml; Claim Or Sult (continuod) to n lieonscd ogmt of our, with particulars sufficient to identifv the insured shall b:: deemed notice rout. F. Knowledge of an occurrence or ot'feme by an agent or emplovee of the insured wi 11 11411 coru,tiuuc knowledge by the insured, unlcs:i an offictl (whither or not an employee} cif any iasneed or an oflker't, detigriwe know':, ahnel snch nccurrarim nr o0i.-ma. U Kii IIAt'V UI'an tlgUrit Vr 4'rnpl511ti4 aI' Ilw iIII I[red, Dthar ltan;rn 01ficom hwhclhcr r?r not mi employee) of any insured of an officers dcsiktnce,to notiA, us of on occurrence or oflwnue, which such parson kjiclwo about will not ulloct the insuruiw-v ulTurdul w you, H. Ifs claim or loss dues not xcasonably appear to involve citbut this insurance or any IaI(IM'king ittSK)"110a, hnl. it haler detatlalil inin a d.jim of lass to whir.h this in';u illce applies, the Ripon: to ixq±ran it to us will not vi0hAc this condition, provided the insured give, m hnmerliala notice as soon a. Ilia lnanred is aware Thal this insurance play apply to such claim ox loos, FJYSt Natried ftwed 'I'l to per on or tn'gafizalirin I'Im, tianlecl in I.he Doe Iurtli oil i� primal-i I,., rvspundiblc Iktr pnyrnenI of all prclniunis. The first namod insured will azi on b.half of all other rained instweds for the 1 iving and nrtzcha#r of nutico of eanvellulion or uonrcnawal and the rr cciving of tmy rcltun pirclniurn; that become payable umicr this policy. Inspections And Surveys lire rnay: make inspections and wrvgl at any time; give yeti reports On the condition; we find; and rocarnmend changat. Ally inspection;; mirvevs, reports ar rec..nrrtmendalions relata onh; in insunvk+ilil}'alld dte premiums to be chawT; I. We do rtut make safely inspections. W4,' du not undc•rhtke to perform the ditty of ally permn or organization to ptncide 16r the heallh or mllety LVwrirkars or rho public. And we do not warrant that conditions: arc safe or healthful; In cornplywilh laws, regulations, endes or vandarda. 'I'hl4 rarndidon arjllia> nil only iu Ill. Ilia ldui le saty rating, wMiory, rate service nt shot Inr arg.ollizinion, which makes hu:umoce uispoetions, sulv�cya. reports or xccarnntcudadon for us. Joint Duties 1n Non- Willi rzapeut le tin uccurlemvQ, uffmsc, cluini or soil, to Much thil, insurancc upplics, lhal arisoa Admitted Jurisdictions Ili a non-ndmitiod jurisdiction: A. we have no duty to defend arty person or organization against any claim or suit; but we tuiy, al our discrotioit, atisurnu cuuuxrl of or ptuliciptdc an any imestigatitm, duf::ruc. teulernentor recnvely proceedpngs. 13. you alld-uny odlef insured 1111w.. Cilitilit, LYvti`s'tl MR UM&L4ra fastanom Fomt 07-W20375 {Rev. 7-07J Contract Risk ManagrmeraFNIstm f REVIEWED&APPROVED BY T �-'� Risk Management Analyst j Conditions doint Dutios in Nor?- I . make such invcstigation, defense or sottlernent as we deem reasonable; Admitted Jurisdictions 2, obtain our approval for any payment; and (continued) 3, effect approved payments to others, in accordance Mth the terms and conditions of this insurance. C. we will reimburso fluids to the insured for payments approved by us for: I. loss; and 2. expenses anti other payments; to which this insurance applies. Tx we will make those reintbursenlentw I. in a jurisdiclimt that is mutually acceptable; and 2. mail wo have used up Ate applicable Limits Of'hisaranco. LegatAction Against Us No person or organization has a right Under this insurance to: join us as a pare or otherwise bring us into a stilt seeking damages from an insureds or site to on this insurance Unless all of rho tenns and conditions orthis insurance, have been fully compliM with. A person or neganizntion may %tire its to recover on an agreedsettlement or on a final judgment. against an insured obtaincd after an acttnd: trial in a civil proceeding; or • arbitration or other alternative dispute resolution proceeding; but we will not be liable for daatn,ges that are tint payable under the terms and conditions orthis insurance or that are in excess of flee applicable Limits Of Insurance - Maintenance Of Underlying We have issued this insurance, in rdimree upon represu:ntatians matte by you about underlying inSUrance And Underlying insurance and underlying limits. You must see to it that: LlrrillS • underlying insurance Is and remains valid and in fall farce and effect. underlying Insurance will not be cancelled, non -renewed or rescinded without rcplacemcnt by coverage to which we agree. • the terms and conditions or underlying insurance will not materially change, mils we agree otherwise. [lie turns and conditions of tenewt& or rephtcemcnis of underlying hisunauco, shown In the Schedule Or llndortyinG Insurance, will be materially the same as theprlor coverage, unless we agree othclwisc. • the underlying limits arc and remain available, regardless of any bankruptcy, insolvency or other hoarreiat I'n§pair ll0al o rany inituvr or Any otter person or organization. • the underlying Ihulls� shown in the Schedule of Underlying tnsuraacc, will not be reduced or exhausted, except ror die reduction or exhaustion by payment arjudgmems, settlements or related costs or expenses (ifsuoh costa or expenses reduce such limits). Chubs CommeroW Excosv And Unlbra9u arisoranca _ form 01-02-0816 (Rev. 7-01) Cr)fraef � w+e• ltaekMsagementDEWaloa ^� pp�, rRi:mMED&APPROVEDRY �� ri 1;� ['AtL6^InM1�4 �, V•.uN�3eFK }v t Risk Management Analyst Xt C H U EBE3" Chubb Commercial excess And Umbrella insuranco Conditions Maintenance Of Underlying f uihlly Oo Comply with this eonclilian will run iuvaliduLLe this in;,ur4n;0, 11ol in the 64•,1: otanv insurance And Underlying such faihule, our nhligation or liahilltywil I not exceed thac which would have applied absent Limits <ury faller to comply with This uondiliant. {Gonfinuod) ]"au must nolil'p us as sotni as pricticublc it any underlying insurance is na longer valid or in full force orcfti ct. Other Insurance rf other valid and collectable insurance is avtlhible to the insured for toss we would otherwise Cover utiller ill isiristy oce,oaroiligationsareIilulleda!,rhIlaws. Thic io,vraw:e in uxyUis uverany odwr iasurnow, wIMIwr prhnatV, Mk: ,' CanthrgCnt aeon any orlicr hash. We will have nil dilly 10 deYznd Iha In stared ei-Wri L any snit i 1'any proviraer of nay other insurance has a fluty to dAisid such insured n,mnir t such suit.. We will pay only our share ofthe amount of Lossr if any, that cxcecxls the sum of Leis: total: amount that all other insurance would pay tfrr loss in the absence of this insulin s and of all deductible and self-iamrad amonntsundcr all other insurance. 'Phis insurance is nor sullied to the terns or conditions of any other insurance. Separation Of insureds Execpt with respect to the Limns Of Imunin", and may right. or douses specitieully assigned in Ibis inglntnrp0 ace the first opined iltfiat`rd, Obit ire RiRrnCc: appliVb: as ircuehi uninod insured wuw aw oniv rrumci insured: anti scpamtcly to each insured against wh+.ern Claim is mode or suit is brought. Titles Of Paragraphs Th . titter 01,thC vnriow pvrtE raph' 0f ihie policy and ondursenur-nw, ifaayy onachrtt to This policy are inserted solely fill- cerivcnioncc or reference and are noire, be deemed in arly way to Inrril or alk,4t tho prxrvisions to wbiviL they rulnlu. Transfer Of Rights And Your rights and duties under this liminince may not he transferred without our ivriuen crmxent. Dulles Frow•cvcr, if you die. then your rights and duties will bz transfcrrcd to your legal representative, hw.orrly while M 111I j within the.colic ul dada+ ns y¢nsr legal repm4e.n1live., or to anymna having temporary custody of your prpaity until your legal ropxasentalive has bean appointed. TransferOr Warver Of WV, will waive dlc right ol'rea+yery wc. would othunvisu hav: have against anolhor person or Rights Of Recovery organrxatinn Inr Io;s in whrrh ibis insunvuce appl ies, provided the insured has tinned thee• Against Others rights of rmovary against such person or or;;;oration in a contract or a.go;ment ltut is cxanrted hefore loss. Ta the e.lurli. heal. Ill, inrm•trPa riughl.s to recover ail or Ihni ofan', pay meld tnndt under lh is insurance have; not bcon waik-W, those rights urc nivisfured to os, The insured must do nothing a14er lrrs to inrpairthem. Al nor requese, ate lns.m•td tell l hrl119 salt MAIV nsl'el• those ri�.Iits to Lis and help as enforeQ thcul. Qwbb Cofnwcmol LxC, Ss And LY11 MMO 10SL ,1000 Fvmr 07-172.0,R 15 7-01) Cuntrrc! 1tiekMn Dlvuion , f�RwEwEa &n hAPPrz M BY. r A+LMdi.YR F., VauAIeP,E< E 1"- Risk Management Analyst Transfer Or Waiver Of Any amount recovered will be apportioned as PoliovK Rights Of Recovery first, weshall receive n11 amounts recovered until we have been filly reimbursed for all Against Others amounts we have incurred, including casts or expenses ol'such recovery proceedings. (continued) • Then, you ON entitled to cltntn for any finthar annount recovered. When Ws Op Not Renew if we decide not to renew this Volley, we will mail or deliver to die first maned Insured stated in the Deelnrutions written notice of the nonrenowal not less tlrmi sixty (GO) days before the expiration datc.I 1106 `e ofnonrcttewal is nuilod, prooformailing will bcsulricietn proorof notice. YSY'.Ty ,SaTi.0 «Tt1ti.. .. �. a::. �. Fa.. v. .. i38&._✓._a......u:..£.:a441'ti5era w.,,-u4r.w l_'... t,. ...... _ ..=:.�i.F £: h'.e.Lr'°,A CJUM Crutlmercl n! EXCOSS Aril Ulnhrelh Woranae Farm 07-02-09i5 (Rov. 7-01) Cnnh•IW �, � R1ekManeggmentDiWston t` ��I REVIEWED&pnAPPP (ROVED BV 3 �L11{ �AhNIriM% R. V„f2a.�d t Risk Management Analyst C H U B B" Chubb Commercial Excess And Umbrella Insurance ,Definlitionws% WITH RESPECT TO UMBRELLA COVERAGE. B, INTIEN USED WITH RESPECT Umbrella Za.OL,BFe! Ei 'IY1 Ih'SI: RANC'R UNDER] 'IIIS CON 1 RAC" i', WCIRD.S AND PURASI";S'I'llAT APPEAR IN HOLD NUN 'I' I1A,VI?'I'IIE SPE(AAI. hth:ANING5 DU.S{:IIIHIiD HE'LONY, Aduortis©ment A(IY eOwn ..nI nwons an Cl('eIYtnie, ota 1, t !IWn or 011W I)Qlici?, 0001 eo(xls. llt(KIUM Ur scrvi.cs, dcsi mcd for the Specific purpose of attracting; r1w general public or a specific market szgrrirnl 1u uve tun:h gwxls, pmdluac uraervicc,. A(IverliW.uwnI does nu6in('luduuny u-uviil lld tir('Pe;, InIenlCI &Min in Tuna+(rro0wTcIeerrtnic. address, or macalanguage. AdverttBifltg Injury Advurlising Injury incilns injury, allter Ihiu1 bodily injury, proprr(.y dumagr or pursunul injury, sustained bya pennon or organization and caused by an offense of infringing, in that parlicular pail of your udreriisemaeni uboul your guu(b, prodlIVIS ur sca't'iVcs, UP011 Iheir: Vupyri„;hk(] ndveriistmeni: or registcred collective marl:, rcgistercd scmicc (nark or other registered trademarked nenlc. slogun, yyulbol or dilu. Auto Auto nicane a land motorvchicic, Bailer or vzmi trailer designed fnr travel on public roads, including Aim allachcd ❑mrlllnertl VT y'(ItIlpTlll,5lt. RV All lu dVCS nUt lll('IVde Tngbilw "JUillTnenl., Bpdilylrrjury Ilndilyinjurrnieansphvswal; irrl Ul'SS sickncssi ur discmcm sushlhlcd by a person„ ntchldin;i resultinu dc41111, h.:unliliution, memo] anguish mcnlal injury or shock irl imy One, All catch logs shall be demed 1(1 uss.ur ;Tl. Ih;: {fine ul'lhc physival injtny, sickness or &A au; that caused it. Eoripir)yee Emplom includes a loused worker. Elnpluycc dotci not iuchulc A Ivroporary, +rorkvr, Impaired Prcipefty Iaupaircil property IMAM biligihle pntperly, udier Ihan vnur produel or your work, thus oanuo4 be UbCd ariS less UaCfnl becausc; it iucnrporate5 your product nryaur work that as known or thought to be defective, dclieicnl. inulucluadu or d!u;gmus; or you have foiled to fulfill the term: or ctrndiiions oI a contract or agmincat; if such property can b, rewired to use by: • the repair; replaecnnent, adfusnnclu or rcrmnval of your product or your work: or your fulfilling the tens or conditions of the contract or agroelncot. Chubb CoawlluL','u.' LXross AM UmMAO fo&,Y.now Fam 07-020R 15+Rr,v 7-01J Contract a RlekManagernentptWaton A 3<Y ° RE AEwEo & APPROVED By dq Risk Management Analyst ' Dofiritdtons/ WITH RFSPEC:TTO UMBRELLA COVERAGE B, WHEN USED WITH RESPECT Umbrella Coverage S TO INSURANCE UNDUR THIS CONTRACT, WORDS AND PHRASES THAT (cortttnued) APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Insated Contract Insured Contract nceiis an oral or written contract or agreement pertaining to your business, in which you assunn; the lorl liability of anuther person or organization to pay damages, to which this insuralcco applies, sustained by a third person or organir.alion, provided the injury or damage oocurs, or is caused by all ortiause that is first conrnine:d, Rosa• the execuffon of such contract er agreement. IntallectUat Property Low Intellectual, property fare or right iromvs ally: Or Right certification mark, copyright, patent or nadenrark (including collective or service €narks); Elgin to, or judicial or statutory low recognizing nil interest in, ally trade senor or confidential or proprietary ton -personal infornlnlion; other right to, or judicial or statutory law recognizing an interest in, any expression, idea, likencss, name, slogan, style of doing business, symbol, lisle, trade chess or other intellectual properly; or otherjudicial or statutory law concerning piracy, unfair competition or other similar prtelices. Leased Worker Leased worker means a person leased to a party by a labor leasing rrrin, in a contract or ngreenteat betaveen such party and the labor lensing Linn, to perform duties related to Ore conduct ofdio party's business. Leased worker does not include a temporary worker. Loading Or Unloading Loading or unloading: A. means the handling of property: 1. after it is moved rival the place where it is acecltW ror movement into or onto an aircraft, auto or watercraft; 1 while itis in or onnil aircraft, nuts or wolereraR; or 3. while it is boing moves) from an aircraft, auto or watorcraft to the place where it is finally delivered. B. daec not (elude the navenient of property by means of n mcehanicril device, other than a hand nitek, that is not attached to the nive�rall, auto or watercraft, Occurrence Oeelirrenco means on accident, Isteludiug cola fnuous or repeaed exposure to substanthdly the sane general harmful conditions. officer Officer nxenns a person holding any of the officer positions created by an.Organization`s charter, constitution, by-laws or bny other similar governing docionert. Uwbb Con,rnerckd Execs Arid Umbrerla rnsuranoa + Fnmi 07-02-08M (Rpv. 7-01) CM h Rc F + lugu aapma omsim 3f Renawao&APPROVED By pp q Risk klanagemnl Analyst @. C H U S B" Chubb Cdrrymerct"al Excess And umbrella Insurance DeFnitionSf WITH RESPECT 10 L IRRI5LLA UIVIAIA{,F. It. 11'UV U5FI VI'1'll RVk.iPD(:T U4nbtellra COVOIa a B To F SL RATIC`E UNDER THIS CONTRACT, WORDS AND PHRASES THAT g APPEAR I hi BUILD PRINTII.AVISTIIL SPEC IALME.AN INCS MI.SCR I III -A) BELOW, {rely+tirtuddJ PerS mat 1111uty Personal injury metlns inj tire, (111wr Ihnn bodily Injury, properly dotage ur ail verl li ink injury, caused by nn offense of: A. false nrrst, false detention or other false iniprisonmcnt: 13, malmovis rrnmccutlnnl C. mmnghil enum, turn, wrongliil eriulgn of a PEMOrl fount or rtlher V01,11M11 nfa person'& tight ofprivalc occupauey of o dw lling, preutiws orroom Hutt iueh pmon occupies, if commited by or or) hehall' of its lindktrd, lessornr nicnert D. olmronic, mil, written or vawr publicaljou of nutteriel that: 1,libulsoroltmdursapersunororgunizmUmi(suhieltdue.notincluduaiapamgoinall of gnarls, products„ properlyfsr service;): or 2. vinlalei a pelson's rightof privacy; It. di;c:riminarinn; hsrrassmenear segregation ha&ed nn a pel.•snli & pmitecteel human characteristics as cxtablishod by law. Prorlucha-Completed Products asnplelyd operation; tra.xr0; 00eYs 60f)3 Hazard A, includes tdl bodily injury and property damage taking place away from piviniscs owned or occupled 1x'v ar loaned or renred In you andarising nut of your prodnet or your work, t accpv I. Products that arc still in your pliv.sical pa sc,sinn; or 2. work that ha, not vet been completed orahandoned- Your work ty111 he rtezmed completed when: • all of the work called hw in Vaur cnntrmx ar agreemeM has been complete& • all of the avarktobeparlCu•ntedattileMile hambeaneompleterl,ifynnrcmm�slcinr agroctucat calls fur work at more than one site. • thar part of the work coruplowd ac a site has boon put to iu intended use by any pvil on or erl' ilniratilYll mlicr Iliurk uruithur 4'u anvor ur pube.Q%riu;wF avrinig nn the !same Project, work thar Inay aced scrvicc, ntainrcnanec, cormetion.. repair or replacement, but which is ollremise complete, will be tailed m completed. S. does not ittcludc bodily injury or property damage arisin; out of: I. the zirnspornition of property, unlcst the inituy or damage results from a condition in or on it ruhieh� not uw%xl or opuuiwd by or loem A or r :nwd IV you tlrud Thal condition vas cmatcd be the loading or unloading of that celiele by any Insured, '_. the esintenceoftools, ttninstalledequipmeotarahaodoned.orunmedmarerial,;or Chubb 00M..WrerjU LXOeba AM L'M MI o Ir uanricc_ Fomi 07-02-0V 5; Ray. 7,01) t,'c nNdLt „ �,..,� 8 �' WakivlanagtmierdDnision REVIEWED&ryAFPRD�Vfmi3Y� �n�'t^r/Li^'4• VaN,PAracL ' ^. Risk Management Analyst 1 Dofinitlonsl WITH RESPECT TO UMBRELLACOVERAGE B, WIII N USED WITH RESPECT'�g Umbrella Coverage S TO INSURANCE UNDER THIS CONTRACT", WORDS AND PURASES T HAT APPEAII, IN BOLD PRINT HAVE TSB SPECIAL MEANINGS DESCRIBED BELOW. Products -Completed 3. Prodacts or olwitalione r0r which titu 011185111100011111 ear tides indicates that such Operelfons Hazard products or operations are not subject to the Products-Coniploted operations (Cortlinuod) Ag regum 1.1rnits Of Insurance. Property Damage Property damage. means: pbysical Injury to tangihle-Property, including resulting loss of rise of that property. All such less orusc shall be dccmedto occur at the time of the physical iglury that caused it; or loss of' use offitingiblc Property that is not Physically injured. All sueli loss of use spoil be dccmed to occur at [lie tine of the occurrence that caused it. Tangible property floes not include any soliware, data or other information that is in electronic form. 5-emporaty Worker Temporary worker tnears a person who is furaiahcd to a Party to substitute f"or a permanent employee on have or to nice( seasonal cr short-teran workload conditions. Your Prodtrai Your product; A. means any: goods or products, otbor that real property, manufactured, sold, hanrlled, distributed or disposod of by: it, you; b, otltera trading under your name; or C. a per'sou or orgatni7adnn whose assets or business you have acquired; and 2. conininel:c (otherthan vehicles), materials, pans or equipment famished in connection with such goods or products. B. includes: 1. representations or warranties made at any time with respect to the durability, f tness, Performance, quality or use of your product, kind 2. the providing of or failure to prevfde iriStnle6e114 or warnings. C. dons not include vending machines or other property loaned or rented to or located for tine Use of others bat not sold. Your Work Your work: A. rnowrs (my: work or operatioas performed by: a. you or oa your behalf,, or b. aperson or organization whose assets or business you havo acquired; and Motk Coavnoraiart Exross AM UtttDrotla 7rlsurarioa Rnn 07-02-0915 (R?v. 7-01) Cw,tmr.f REVREiWekEMDa&naAetmPPteRnOtVDEtDvisB�nyrx: t1�)F441Li PVaG ?g Mqw Risk Management Analyst C H U M E3' Chubb Commercial Excess And Umbrella Insurance Definitionsl M11'IIRESIT14,:11" OUNIMMILLACOVI?RAUKIt, WIIFAl'SE0}VITIIIMjl1It.CT umbrvoiia CoVerage a TO 711SIrRA?10E CINDER TIM CONTRACT. WORDS AND PHRAST.S THAT APPICAR IN 1301.1) PRINT IIAV F'1-11p. NPI:CIAt. VIK NINCS uU:NC RI111'slt IIEI.OwV Your Work materials; pairs or cquipincnt furaishcci in conaxtion with sueli work or {c rllr/ru&G'J upanilions. ra• inc;tnd�5� 1, rapruscniatiuns ur w m;mGi um clo al tiny liutu with respkt W du cturabihl)-. f tncm, Imlom macc, rinmlity or me of your ••cork; marl 2. ilia pmwidmg, MW l'Mluro ro pmmik,. insu•ucta7as nr wm•ningt. Pali yDefinitions WITH RESPECT" O A LL CCTV ERAGES UNDNIt'I'tit i'C IN•l'I(.AC7',NV'HEN USE I) WITH RESPECT TO INSUR;1I+;CE UNDER THIS CONTPL&C.T,18--ORDS AND VI MAKES I'llA'1'.APPEAR IN 001.1l PRINT HAVII. ITIV SPU:{AAL ME'ANINC:B DESCRIBED BELOW, Agreed Settlernent Agreed settlement rum s a scttImuctit uid rcicasc of liability sigucd by us, the insured arxi Ilse vlai nanl or Ili(; olaimanl.'a lupl ,a;piwo-;:nlrtliru. Asbestos Asbestos means asbcstou in -,my form, induditrc it preicmer or use in any alloy, byproduct ur Utlia mulorial or v miv, wasw jaulm(ks multahl lu be wvG -vlOd. 1Vu(mdilllunkA mrvvloiurod. Hostile Fire I lnstlle fire Imam 0aL Y('151ch heCDr„en naWflarollable or breaka o➢r Pom wiles tl lvm intended to bc. insured lusurud triouns a person or m orgUniznlion yualilyiq, as .ui h3sured in thu Who Is An y;sutt:d nncl,ons rrl'rlik cortrad. Loss Loss: i-mans darna;ges that tlic insured bcco ins, I;+, al ly obligated to pay bceaus, of injury or dNr7r:t&Ta, does not indmic sums Prgj(Tly dkALKL d l rr 1—MU :Iias Vr aalvapc, Non -Admitted Jurisdiction h�iin-mdrniiled•iuri!irlielinn inesann nrn•.jeu�i t,lii:li�in whore u•e art: rnol liu;usad ur p¢nrrrtlkxl hy' ItnY W issua inyuranyti or prcveNQd by law or oll'nT%mc from uivcsUgKinz, &[Mhng uY auLllut#:, ,m uccurnaM, offense, claim or suit. 040b tgfii.'ium! Lx,. Ss Ar:d Ufrb,1Wj0 PstanoW _ Font 07-03-05t rRr,u 7-01) Cun:ract RiekManagnna,fBlWsron rrR��EVIEVIED &�@9APPROVF.n BY.' � R6RManagement Analyst Poky De rinit(gi➢s WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT, WHEN USED (corrihrried) NVITH RESPECT TO INSURANCE UNDERTHIS CON`I'RACC, WORDS AND PHRASES TI➢AT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRUIED 1If1LOW. Nuclear Faculty Nuclear Will'", monas any: A. nuclear reactor; B, crtuipntoat ordccico dosigtred uruscd for; 1, sc7rEnatin[gthcisotopc�xvfplutoniumoruranium; 2. processing or tit nuclear spent fuel; or 3. handling, processing or packaging nuclear waste; C:„ equipment or device used ror Elie processing, fabricating or alloying of nuclear material ifat any time the total tunount of such material in the custody of the Insured tit the premises u9tem such eruipment or device is located consists of or contains mm a than: lwenty-five (21) grams of phiwniatn er ura(tinnt233,orAny o010binnd0l) tier€vi: or 2. (Avo•hundred-fifty (250) grams of utnniuur 235; or 1). structure, basin, excavalion, pronisas or place prepared or used for the stanigo or disposal of ancicar waste; and includes the site on which any of the foregoing is located, all operatimts conducted on such site and all preuliscs used for suolr opemlions, Nuclear Hazardous Nuclear hautrdous propertles include rndloactive, toxic oroxplosive fimInnies. Properties Nuclear Metedal Nuclear material means by-product material, source material or, special nuclear material. By-product material, source material and special nuclear utntatial have tite mcuuings given than in the Uaitcd States of Arrieticu Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear Property Damage Nuclear property china) a hicludes ell forilrs orradicraclive conhnntantion or prope y, Nuclear Reactor Nuclear reactor tucaIts city apparatus desil nod or used to susmitt nuclear fission in a sell- supporting chair reaction or to contain a critical mass of fissionable niateriat. Nuclear Spent Fuel Nuclear spent fact ineans ally NO elemont or (bel component, solid or Iitluid, which has been used or exposed to radiation in a nuclear reactor. Cirobb GoolowrChi? Excess Amd Um bmi)a lnsurwn f) _ Fart G7-m2-0ST5 [Rev. 7-01) Crnntrarf ri mA� lUskManagementDl m r & REVIEWED&APPRDVEDBY W a. `' Risk Rianagemenr Analyst �p C H U E3 B° Chubb Commercial Excess And Umbrella Insurance Policy Definitions li'11'11 IIESPEC" 1''i'C1 AI:1. C i)VIfIlAC71? 4II\IIU:It'I IIN VON'I'RAC:'I'a WIIEN l.ly'i D (can&JU49d) NAITH RESPECT 70INSURANCE UNDER THIS CONTRACT, WORDS AND PIIR.ASICS'I'IIATAI'PRAR IN 1101,I) PRINI' IIAVIC'I'lll•:SPii(11.A1. NIVANINGS - IIUSI:RISI?Il BICIA)W. NuclearWaste Nticlearwaate lncansatrywasic nnatcrial! • cnntainingntic lattrniatcrlal,atherrhanrhetoll incsorwa,teaproduced hyfli-e:traction or wrtuonkralion u1' unrniunl or thoritnn fwm any uivprowsscd printi rily for ils source material cnntcnt: and • r,,aullmg hinl IIatllieladon by any R!Mnll nrorpnVSllion Orally' nuclear lftdlltk dosuribcd in subperag mphs A. or B, of the defirsition of nuclear facility. Other losumnce s lthcr i s5arance 1=ans tiny iwurancc affording cuvc1111-0 4hsu this in<.unlncc would also an ord. tither insurance includes any type nfself insurance or 01her meeilankin arranged for tllndn g of loss. Othev insurtmcu does not include underlying invurance or insantnca ni #wtiatad spzcitically In apply in excess nrthislnanranca. Pollutants Pollutants mcaus any solid, liquid, gliscous or thermal irritant of contaniinant, including; SMOkC. V4pQr, soil, ILI11IV*s, aGIdS. al6rlhS, 01011llcal$ wd wliis1C, Wit irluludosIvillal'lala w bz moAcIed, mcoridltionell or I'c lailned. cult Suit mean:; a civil procwding in which dtustaips, to which this insut'anoe applies, era nought. Suit Includes an arhilralhn ar otherdhfttwe iewlndnla proeezdimd in which : aoh dalnar,„tes are fiDu€;ht and to MIMI rh,' insured nlusr sublilit or doca aubinit witli our coaticur. Undedying lnsurance LndNrly'ing hisnraFlee meths the cLly'Snig,us Lot' Ihchkizurd3 desvii1wd in Ihu SQhodisllt Of Undtnlving Instuance carrel the next renewal nr repincernant insurance thelelnr. Underlying Limits Underlying limits moms the stunt of amounts: A shown for the hantrds dcsm ihad in the Schedule Of Underlying Instn'unec cansi rin,, of auualunrs: ` 1. available under applicable underlying insurnnce; and 3, any, insured rnwi pay bccavae traderlving insurance, asaq)wsonted by.wu, is Ilot available, regardleRs of the rragan, I;, a4ailablii under ally appiicable anwu,:Jvn4,.. runwwal or lt'pl.'wurnnrl4ul llllde.rly'lll�, insurancc; C. of any allwation,dsductlble,participation. reteniionarotherself-inmralleeapplieable to Lk insurance d sc~iibod in purag aphs A. tend B. above; anti U. any reinstkncnncat of limits or supplcmontal ur othta- limits nNailuble under thu insuraucc rles-db Ad In paragraphs A. and 11. above. GffieJA Coovwcerjol LkCGIS: AM UONIINJO lrilao low _ Farm 07.62-adi5 Rev 7-01J Cc n:ract ry Rlen kManagM1:111 ,ftw [REVIEWED &ryAPPRovEmD BY: ��I Risk Management Analyst Policy Definitions wrtil RESPECT `I O ALL COVERAGES UNDER THIS CONTRACT, MWEN USEI) UITH RESPECTTO INSURANCE UNI)ERMS CONTRACT, WORDS ANC) PHRASES THAT rll'PEAR IN BOLD PRINT II;AVB'THE SPECIAL A'TEANINGS I)IdSIC"RIRFD HPLOW, Undoriyfng Limits If amounts avn@lablc nuder tho applicable underlying Insurance, described in the Solledule Of (conlinued) Underlying Insurance, are greater or Icss thmt the amount, shown in such Schedule, Then the groatcr orsudl amounts shall apply is the: compunuion of underlylag Bmus, Chubb CornawricM Exmv And UmDrofla 1n suranoe Fnmj 07-02-0815 (Rev. 7-01) -- CmifracP 9p RfekManaErmin�tl)hlsfon `, �g REVIEWED&APPROVED BY •. Risk Management Analyst CERTIFICATE OF INSURANCE Number 3841 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend or alter the coverage afforded by the policy described below. INSURED: Stradling Yocca Carlson & Rauth 660 Newport Center Drive Newport Beach, CA 92660 Federal ID #: 95-3347002 INSURER: Attorneys Insurance Mutual Risk Retention Group, Inc. COVERAGE: This is to certify that the policy of insurance listed below has been issued to the Insured named above for the 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 policy described herein is subject to all terms, exclusions and conditions of such policy. The limit shown may have been reduced by paid claims. TYPE OF INSURANCE: Professional Liability POLICY NUMBER: IP-0000-18/2020 POLICY PERIOD: July 1, 2020 to July 1, 2021 (12:01 a.m.) LIMIT: A minimum of $1,000,000 per claim and in the aggregate including defense costs excess of a self -insured retention. CANCELLATION: Should the above described policy be canceled before the expiration date thereof, the issuing company will mail 60 days written notice to the certificate holder named below. Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. CERTIFICATE City of Santa Ana HOLDER: Attn: Sonia Carvalho/City Attorney Administrative Svcs Division Community Development Agency 20 Civic Center Plaza, M-25 Santa Ana, CA 92701 ISSUED BY: Attorneys Insurance Mutual Risk Retention Group, Inc. DATE ISSUED: August 21, 2020 AUTHORIZED REPRESENTATIVE Amethyst Captive Insurance Solutions, Inc. a,p RiekManegzmenEDiwton t +�`� BEMEWED & APPRovm BY � oy� RIskManagementAmlyB 5F