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HomeMy WebLinkAboutHUITT-ZOLLARS, INC. (3)INSURANCE NOT ON ALE APR 0 7 2021 WORK MAY NOT PROCEED CLERK OF COUNCIL 41� DATE: A-2021-035-06 D .)nf%o \ FIRST AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL �r'�;WATER RESOURCES ENGINEERING SERVICES (HUITT-ZOLLARS) THIS FIRST AMENDMENT to the above -referenced agreement is entered into on March 16, 2021, by and between Huitt-Zollars, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ('City"). RECITALS A. Following the City's issuance of Request for Proposal No. 19-100, the parties entered into Agreement No. A-2020-075-06, dated April 21, 2020, by which Contractor agreed to provide on -call water resources engineering services for the City's Public Works Agency ("Agreement"). B. Contractor was one of eight contractors selected to provide services on an as -needed basis under RFP No. 19-100. The total compensation for services provided by all contractors selected under RFP No. 19-100 was not to exceed a shared aggregate amount of $2,000,000 during the term of the Agreement, including any extension periods. C. The Agreement remains in effect through April 21, 2023, with provision for extension, and the parties now wish to amend the Agreement to increase the maximum shared aggregate expenditure under the Agreement. The Parties therefore agree: Section 2.a., Compensation, is amended to increase the total compensation for services provided by all contractors selected under RFP No. 19-100 by the shared aggregate amount of $950,000 during the term of the Agreement, including any extension periods. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. Daisy Gomez Kristine Ridge Clerk of the Council City Manager - signatures continue on next page - Page 1 of 2 A-2021-035-06 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By.l • 7 Fohn M. Funk Sr. Assistant City Attorney FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONTRACTOR Page 2 of 2 Digitally signed by Francine R. Francine R. Villareal Villareal Date: 2020.09.21 14:00:48-07'00' ,a`oRo° CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)9/15/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MHBT, a Marsh & McLennan Agency, LLC company 8144 Walnut Hill Lane, 16th FI TX 75231 CONTACT NAME: Stacy Brlmer PHONE FAX A/c No Ext: .JC,No:972-376-8108 E-MDallas ADDRESS: stacy_brimer@mhbt.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Hartford Casualty Insurance Company 29424 INSURED HUITTZOL INSURERB: Federal Insurance Company 20281 Huitt-Zollars, Inc. 1717 McKinney Ave., Ste. 1400 INsuRERc: Hartford Fire Insurance Company 30104 INSURERD: Dallas TX 75202-1236 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:899364110 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY 46UUNOL5275 9/1/2020 9/1/2021 EACH OCCURRENCE $1000000 CLAIMS -MADE OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence $ 300000 MED EXP (Any one person) $ 10000 PERSONAL & ADV INJURY $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 POLICY � PRO- � LOC PRODUCTS - COMP/OP AGG $ 2000000 $ OTHER: A AUTOMOBILE LIABILITY 46UENOL5276 9/1/2020 9/1/2021 COEaMBINED ccident SINGLE LIMIT a $ 1000000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ FIR ER DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Lx X $ Coll $1,000 Comp $1,000 A X UMBRELLALIAB X OCCUR 46XHUOL5274 9/1/2020 9/1/2021 EACH OCCURRENCE $ 10000000 AGGREGATE $ 10000000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ 1 nnnn $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE 46WEOL6H1G 9/1/2020 9/1/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1000000 OFFICER/MEMBER EXCLUDED? N /A E.L. DISEASE - EA EMPLOYEE $ 1000000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1000000 A Hired Car Physical Dam: $50,000 46UENOL5276 9/1/2020 9/1/2021 Hired PD Comp/Coll Ded $1,000/$1,000 B A Employee Theft Valuable Papers 82241508 46UUNOL5275 9/1/2020 9/1/2020 9/1/2021 9/1/2021 Employee Theft Valuable Papers Limit:$1,000,000 Limit: $25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured form #HG0001 edition 09/16 applies to the General Liability policy. Waiver of subrogation form #HG0001 edition 09/16 applies to the General Liability policy. Primary & Non -Contributory General Liability form #HG0001 edition 09/16. Additional Insured form #HA9916 edition 03/12 applies to the Automobile Liability policy. Waiver of subrogation form #HA9916 edition 03/12 applies to the Automobile Liability policy. Primary & Non -Contributory Auto Liability form #HA9916 edition 03/12. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 oRaN Risk MmRgement Division REVIEWED & APPRQI/ED BY: © 1988-2015 ACORD Cl°I z G` ; y,e JZ, (JAWAI ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ' Risk Management Analyst AGENCY CUSTOMER ID: HUITTZOL LOC #: ACORO� AIIIIITI[1MA1 REMARKS Srl4l=nl II F AGENCY NAMED INSURED MHBT, a Marsh & McLennan Agency, LLC company Huitt-Zollars, Inc. 1717 McKinney Ave., Ste. 1400 POLICY NUMBER Dallas TX 75202-1236 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Paae 1 of 1 r of subrogation form #WC00 edition 03/13 and #WC04 edition 03/06 and #WC42030413 applies to the Workers Compensation policy. nal Insured form #XL0003 edition 09/16 applies to the Umbrella policy. Notice of Cancellation form #I1-10307 edition 6/11 applies to the General Liability policy. Notice of Cancellation form #WC99 edition 03/94 and #WC990531 applies to the Workers Compensation policy Notice of Cancellation form #I1-10307 edition 06/11 applies to the Umbrella Liability policy. Notice of Cancellation form #I1-10307 edition 06/11 applies to the Auto policy. The General Liability policy contains language that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains an endorsement with "Primary and NonContributory" wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The General Liability policy contains a blanket waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Automobile Liability policy contains language that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. e Automobile liability policy includes waiver of subrogation wording that may apply only when there is a written contract between the named insured and the rtificate holder that requires such wording. e Auto Liability policy contains an endorsement with "Primary and NonContributory" wording that may apply only when there is a written contract between the med insured and the certificate holder that requires such wording. e Worker's Compensation policy includes a waiver of subrogation endorsement that may apply only when there is a written contract between the named ;ured and the certificate holder that requires such wording. e Umbrella policy includes a blanket additional insured endorsement to the certificate holder only when there is a written contract between the named insured d the certificate holder that requires such status. e General Liability, Auto, Worker's Compensation and Umbrella liability policies includes a blanket notice of cancellation to the certificate holder endorsement, raiding for (30) days' advance written notice if the policy is canceled by the company, or 10 days' written notice before the policy is canceled for nonpayment premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of ncellation to the certificate holder if the named insured requests cancellation. ACORD 101 (2008/01) © 2008 ACORD The ACORD name and logo are registered marks of ACORD HORaN Risk Mwag merdDiAsian REVIEWED & APPROVED BY: o z P1. M44441 Risk Management Analyst POLICY NUMBER: 46 UUN OL5275 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): EACH CONSTRUCTION PROJECT, INDIVIDUALLY AND SEPARATELY, OF THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 �oRaN } z a RAMwaganadDMsiun REVIEWED & APPROVED SY.- p R. vj&wd Risk Management Analyst B. For all sums which the insured becomes legally C. obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical D. expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 �oRaN } z a Risk MmRganadDMsian REVIEWED & APPROVED BY.- F R. vj&wd Risk Management Analyst Hartford Casualty Insurance Company #46 UUN OL5275 F1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) Form IH 03 07 0611 days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. © 2011, The Hartford �oRaN } r RiskMmWmedDMsian REVIEWED & APPROVED BY.- Risk Management Analyst POLICY NUMBER: 46 UUN OL5275 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - DEFINITION OF INSURED CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation of Contracts: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to any contract shown in the Schedule, the first subparagraph of Paragraph f. of the definition of "insured contract" in the Definitions Section is replaced by the following: f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Form HC 24 92 06 08 © 2008, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its pei �oRaN � z Risk ManaganadDMsfan REVIEWED & APPROVED BY.- f R. Vj&wd Risk Management Analyst Hartford Casualty Insurance Company #46 UUN OL5275 r COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'bur" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice And Good Samaritan Coverage "Bodily injury" arising out of the rendering of or failure to render the following health care services by any "employee" or "volunteer worker" shall be deemed to be caused by an "occurrence" for: HG 00 01 09 16 © 2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its per �oRaN o r RAMwaganadDMsiun REVIEWED & APPROVED BY.- f R. Vj&wd Risk Management Analyst (1) Professional health care services such as: (a) Medical, surgical, dental, laboratory, x- ray or nursing services or treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction; or (c) The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or (2) First aid services, which include: (a) Cardiopulmonary resuscitation, whether performed manually or with a defibrillator; or (b) Services performed as a Good Samaritan. For the purpose of determining the limits of insurance, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". However, this Incidental Medical Malpractice And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of providing any of the services described in this provision. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: Page 2 of 21 (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" oft and in the course c �oRaN } z RiskMmVmedDMsfan REVIEWED & APPROVED BY.- f R. V;&wd Risk Management Analyst (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (i i) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for HG 00 01 09 16 the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (i i) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from location on w contractors or HORaN Risk Managanad Msian REVIEWED & APPROVED BY.- o r f R. Vj&wd Risk Management Analyst directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next Page 4 of 21 to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: �oRaN } z RAMmVmedDMsfan REVIEWED & APPROVED BY.- f R. VSA44a Risk Management Analyst (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". HG 00 01 09 16 This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applie claimed for notifi �oRaN e Risk MmWmadDiAsian monitoring expenser, REvlEuveD&APPROVED SY: Risk Management Analyst public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. cl. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any "employment — related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment -related practices" are directed. This exclusion applies: (1) Whether the injury -causing event described in the definition of "employment - related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos (1) "Bodily injury" or "property damage" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or Page 6 of 21 assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does n N_oaa Risk Managanad Msian ?9 'e''REVIEWED & APPROVED BY.- } z f P'. M44441 Risk Management Analyst discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to HG 00 01 09 16 use another's "advertising idea" in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. i. Infringement Of Intellectual Property Rights (1) "Personal and advertising injury" arising out of any actual or alleged infringement or violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, trade dress, service mark or other designation of origin or authenticity; or (2) Any injury or damage alleged in any clam or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (1) Infringement, in your "advertisement", of: (a) Copyright; (b) Slogan; or (c) Title of any literary or artistic work; or (2) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. of the definition of "personal and advertising injury" under the Definitions Section. N_oaa ?9 'e'' } z a Risk MmWme dDMsfan REVIEWED & APPROVED BY.- P1. M44441 Risk Management Analyst For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others Page 8 of 21 "Personal and advertising injury" arising out of: (1) An "advertisement" for others on your web site; (2) Placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. cl. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti -Trust law "Personal and advertising injury" arising out of a violation of any anti-trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. t. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or or information. �oRaN } z RisleManagementDMsiun REVIEWED & APPROVED BY.- f R. V;&wd Risk Management Analyst u. Employment -Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment — related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment -related practices" are directed. This exclusion applies: (1) Whether the injury -causing event described in the definition of "employment - related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". w. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health HG 00 01 09 16 information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person C. no To a person hired to do work for or on behalf of any insured or a tenant of any insured. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Workers Compensat To a person, whether �oRaN } r RAManaganadDMsfan REVIEWED & APPROVED BY.- f R. Vj&wd Risk Management Analyst any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a Page 10 of 21 party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and of insurance. I,N_oaa RisleManagementDMsfan ?9 'e''REVIEWED & APPROVED BY.- } z a P1. M44441 Risk Management Analyst Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited HG 00 01 09 16 liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or that ,'volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (1)(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services: (a) Subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any "employee" or "volunteer worker" providing first aid services; and (b) Subparagraph (1)(d) above does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representativ Your legal represent a �oRaN RiskMmRgemerdDMsfan REVIEWED & APPROVED BY. - Risk Management Analyst with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Page 12 of 21 5. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agr N_oaa ?9 'e'' } z a RAMmWme dDMsian REVIEWED & APPROVED BY.- P1. M44441 Risk Management Analyst undertakes to make in the usual This insurance does not apply to: course of business, in connection with 1. Any "occurrence" which takes place after the distribution or sale of the products; you cease to lease that land; or (f) Demonstration, installation, servicing 2. Structural alterations, new construction or or repair operations, except such demolition operations performed by or on operations performed at the vendor's behalf of such person or organization. premises in connection with the sale of the product; d. Architects, Engineers Or Surveyors (g) Products which, after distribution or Any architect, engineer, or surveyor, but only sale by you, have been labeled or with respect to liability for "bodily injury", relabeled or used as a container, part "property damage" or "personal and or ingredient of any other thing or advertising injury" caused, in whole or in part, substance by or for the vendor; or by your acts or omissions or the acts or omissions of those acting on your behalf: (h) "Bodily injury" or "property damage" arising out of the sole negligence of the (1) In connection with your premises; or vendor for its own acts or omissions or (2) In the performance of your ongoing those of its employees or anyone else operations performed by you or on your acting on its behalf. However, this behalf. exclusion does not apply to: With respect to the insurance afforded these (i) The exceptions contained in Sub- additional insureds, the following additional paragraphs (d) or (f); or exclusion applies: (ii) Such inspections, adjustments, This insurance does not apply to "bodily tests or servicing as the vendor has injury", "property damage" or "personal and agreed to make or normally advertising injury" arising out of the rendering undertakes to make in the usual of or the failure to render any professional course of business, in connection services by or for you, including: with the distribution or sale of the 1. The preparing, approving, or failing to products. prepare or approve, maps, shop drawings, (2) This insurance does not apply to any opinions, reports, surveys, field orders, insured person or organization, from change orders or drawings and whom you have acquired such products, specifications; or or any ingredient, part or container, 2. Supervisory, inspection, architectural or entering into, accompanying or containing engineering activities. such products. This exclusion applies even if the claims b. Lessors Of Equipment against any insured allege negligence or (1) Any person(s) or organization(s) from other wrongdoing in the supervision, hiring, whom you lease equipment; but only with employment, training or monitoring of others respect to their liability for "bodily injury", by that insured, if the "occurrence" which "property damage" or "personal and caused the "bodily injury" or "property advertising injury" caused, in whole or in damage", or the offense which caused the part, by your maintenance, operation or "personal and advertising injury", involved the use of equipment leased to you by such rendering of or the failure to render any person(s) or organization(s). professional services by or for you. (2) With respect to the insurance afforded to e. Permits Issued By State Or Political these additional insureds this insurance Subdivisions does not apply to any "occurrence" which Any state or political subdivision, but only with takes place after the equipment lease respect to operations performed by you or on expires. your behalf for which the state or political c. Lessors Of Land Or Premises subdivision has issued a permit. Any person or organization from whom you With respect to the insurance afforded these lease land or premises, but only with respect additional insureds, this insurance does not to liability arising out of the ownership, apply to: maintenance or use of that part of the land or (1) "Bodily injury", "property damage" or premises leased to you. "personal and advertising injury" arising With respect to the insurance afforded these out of operations additional insureds the following additional or municipality; or N_oaa a Risk MmRganadDMsian exclusions a pp y I }9 z REVIEWED&APPROVED BY.- HG 00 01 09 16 ` Risk Management Analyst (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". f. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others Page 14 of 21 by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional insureds is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products - completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum nf- a. Damages under Covei �oRaN } r RiskMwaganadDMsfan REVIEWED & APPROVED BY.- f R. Vj&wd Risk Management Analyst b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit HG 00 01 09 16 a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provis extent that you ha ✓ �oRaN RiskMmWmedDMsfan REVIEWED & APPROVED BY.- � z f R. V;d Risk Management Analyst contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or the additional insured is a partnership; (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. Page 16 of 21 b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a wr agreement th Noaa x;sknmVmatDMsiun primary. If of =' REVIEWED&APPROVED BY.- r al f P'. M44441 Risk Management Analyst primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. HG 00 01 09 16 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to N_oaa �9 "G; } z a RAMmVme dDMsiun REVIEWED & APPROVED BY.- P1. M44441 Risk Management Analyst impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or Page 18 of 21 other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. I nj u ry; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 8. "Employment -Related Practices" means: a. Refusal to employ that person; b. Termination of that person's employment; or c. Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks intended to be. �oRaN Risk } r MmVmedDMsfan REVIEWED & APPROVED BY.- f R. Vj&wd Risk Management Analyst 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work", or your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section III — Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: HG 00 01 09 16 (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not describe that are not self -prop HORaN RiskMmRgmerdDMsian REVIEWED & APPROVED BY.- } z f R. VSA44a Risk Management Analyst primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; Page 20 of 21 e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement". 18."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard" a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, liste in a policy Schedu �oRaN a RiskMmWmentDMsian REVIEWED & APPROVED BY.- } r f R. Vj&wd Risk Management Analyst completed operations are subject to the General Aggregate Limit. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21."Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who a. Is not your "employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. HG 00 01 09 16 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. �oRaN } z RiskMwaganadDMsfan REVIEWED & APPROVED BY.- f R. V;&wd Risk Management Analyst Hartford Casualty Insurance Company #46 UEN OL5276 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) Form IH 03 07 06 11 days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. © 2011, The Hartford �oRaN } r Risk MmagzmentDMsian REVIEWED & APPROVED BY.- Risk Management Analyst Hartford Casualty Insurance Company #46 UEN OL5276 COMMERCIAL AUTOMOBILE HA99160312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.I. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) �oRaN } r RiskMmagemedDMsfan REVIEWED & APPROVED BY: f R. Vj&wd Risk Management Analyst The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: �oRaN } r RAMmaganadDMsiun REVIEWED & APPROVED BY.- f R. Vj&wd Risk Management Analyst © 2011, The Hartford (Includes copyrighted material I Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs BA - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragra © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) HORaN } z RiskMmaganedDMsian REVIEWED & APPROVED BY: pu-c- ,e R. V;&wd Risk Management Analyst (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b.Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D III - PHYSICAL following is added: - DEDUCTIBLE - of SECTION DAMAGE COVERAGE, the If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) HORaN } z RiskMmaganedDMsian REVIEWED & APPROVED BY: f R. V;&wd Risk Management Analyst We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a,A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. �oRaN RiskMmaganedDMsian REVIEWED & APPROVED BY.- 3 z © 2011, The Hartford (Includes copyrighted material Risk Management Analyst Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Hartford Casualty Insurance Company #46 XHU OL5274 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) Form IH 03 07 06 11 days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. © 2011, The Hartford �oRaN } r Risk MmRgamentDMsian REVIEWED & APPROVED BY.- p +" R. W&Wd Risk Management Analyst Hartford Casualty Insurance Company #46 XHU OL5274 UMBRELLA LIABILITY POLICY PROVISIONS In this policy the words "you" and "your" refer to the Named Insured first shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. "We", "us" and "bur" refer to the stock insurance company member of The Hartford Financial Services Group Inc. shown in the Declarations. Other words and phrases that appear in quotation marks also have special meaning. Refer to DEFINITIONS (Section VII). IN RETURN FOR THE PAYMENT OF THE PREMIUM, in reliance upon the statements in the Declarations made a part hereof and subject to all of the terms of this policy, we agree with you as follows: SECTION I - COVERAGES INSURING AGREEMENTS A. Umbrella Liability Insurance We will pay those sums that the "insured" becomes legally obligated to pay as "damages" in excess of the "underlying insurance" or of the "self -insured retention" when no "underlying insurance" applies, because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies caused by an "occurrence". But, the amount we will pay as "damages" is limited as described in Section IV — LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section II - INVESTIGATION, DEFENSE, SETTLEMENT. 2. This insurance applies to "bodily injury", "property damage" or "personal and advertising injury" only if: a. The "bodily injury", "property damage" or "personal and advertising injury" occurs during the "policy period"; and b. Prior to the "policy period", no insured listed under Paragraph A. of Section III — Who Is An Insured and no "employee" authorized by you to give or receive notice of an 'occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the "policy period", that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the "policy period" will be deemed to have been known prior to the "policy period". 3. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under paragraph A. of Section III — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: a. Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; b. Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or c. Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. B. Exclusions This policy does not apply to: 1. Pollution Any obligation: Form XL 00 03 09 16 © 2016, The Hartford a. To pay for the cost of investigation, defense or settlement of any claim or suit against any "insured" alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the pollution hazard; or b. To pay any "damages", judgments, settlements, loss, costs or expenses that may be awarded or incurred: i. By reason of any such claim or suit or any such injury or damage; or ii. In complying with any action authorized by law and relating to such injury or damage. As used in this exclusion, pollution hazard means an actual exposure or threat of exposure to the corrosive, toxic or other harmful properties of any solid, liquid, gaseous or thermal: a. Pollutan b. Contam HORaN RiskMmaganedDMsian REVIEWED & APPROVED BY.- o z f R. Vj&wd Risk Management Analyst c. Irritants; or d. Toxic substances; Including: Smoke; Vapors; Soot; Fumes; Acids; Alkalis; Chemicals, and Waste materials consisting of or containing any of the foregoing. Waste includes materials to be recycled, reconditioned or reclaimed. EXCEPTION This exclusion does not apply: a. To "bodily injury" to any of your "employees" arising out of and in the course of their employment by you; or b. To injury or damage as to which valid and collectible "underlying insurance" with at least the minimum limits shown in the Schedule of Underlying Insurance Policies is in force and applicable to the "occurrence". In such event, any coverage afforded by this policy for the "occurrence" will be subject to the pollution exclusions of the "underlying insurance" and to the conditions, limits and other provisions of this policy. In the event that "underlying insurance" is not maintained with limits of liability as set forth in the Schedule of Underlying Insurance Policies, coverage under any of the provisions of this exception does not apply. Exception b. does not apply to: "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (1) That are, or that are contained in any property that is : (a) Being transported or towed by, handled, or handled for movement into, onto or from, any "auto"; Page 2 of 14 (b) Otherwise in the course of transit by or on behalf of the "insured"; or (c) Being stored, disposed of, treated or processed in or upon any "auto"; (2) Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto any "auto"; or (3) After the "pollutants" or any property in which the "pollutants" are contained are moved from any "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph (1) above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of an "auto", covered by the "underlying insurance" or its parts, if: a. The "pollutants" escape, seep, migrate, or are discharged or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and b. The "bodily injury,' "property damage" or "covered pollution cost or expense" does not arise out of the operation of any following equipment: i. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well servicing equipment; and ii. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers. Paragraphs (2) and (3) above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon an "auto" N_oaa ?9 'e'' } z a Risk ManaganadDMsfan REVIEWED & APPROVED BY.- P1. M44441 Risk Management Analyst covered by the "underlying insurance" if: a. The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of the "auto", and b. The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 2. Workers Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. 3. Contractual Liability Liability assumed by the "insured" under any contract or agreement with respect to an "occurrence" taking place before the contract or agreement is executed. 4. Personal And Advertising Injury This policy does not apply to "personal and advertising injury". EXCEPTION This exclusion does not apply to the extent that coverage for such "personal and advertising injury" is provided by "underlying insurance", but in no event shall any "personal and advertising injury" coverage provided under this policy apply to any claim or "suit" to which "underlying insurance" does not apply. Any coverage restored by this EXCEPTION applies only to the extent that such coverage provided by the "underlying insurance" is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. 5. Underlying Insurance Any injury or damage: a. Covered by "underlying insurance" but for any defense which any underlying insurer may assert because of the "insured's" failure to comply with any condition of its policy; or b. For which "damages" would have been payable by "underlying insurance" but for the actual or alleged insolvency or financial impairment of an underlying insurer. 6. Aircraft "Bodily injury" or "property damage" arising out of the ownership, operation, Form XL 00 03 09 16 maintenance, use, entrustment to others, loading or unloading of any aircraft: a. Owned by any "insured"; or b. Chartered or loaned to any "insured". This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to aircraft that is: a. Hired, chartered or loaned with a paid crew; but b. Not owned by any "insured". This exclusion does not apply to "bodily injury" to any of your "employees" arising out of and in the course of their employment by you. 7. Watercraft "Bodily injury" or "property damage" arising out of the ownership, operation, maintenance, use, entrustment to others, loading or unloading of any watercraft. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: a. Watercraft you do not own that is: (1) Less than 51 feet long, and (2) Not being used to carry persons or property for a charge; b. "Bodily injury" to any of your "employees" arising out of and in the course of their employment by you; or c. Any watercraft while ashore on premises owned by, rented to or controlled by you. 8. War Any injury or damage, however caused, arising, directly or indirectly, out of: a. War, including undeclared or civil war; or N_oaa ?9 'e'' } r Risk ManaganadDMsfan REVIEWED & APPROVED BY.- Risk Management Analyst b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 9. Damage To Property "Property damage" to property you own. 10. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. 11. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. 12. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: a. A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. 13. Recall Of Products, Work Or Impaired Property "Damages" claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: a. "Your product"; b. "Your work"; or c. "Impaired Property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, Page 4 of 14 deficiency, inadequacy or dangerous condition in it. 14. Expected Or Intended "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 15. Employer Liability Coverage afforded any of your "employees" for "bodily injury" or "personal and advertising injury": a. To other "employees" arising out of and in the course of their employment; b. To the spouse, child, parent, brother or sister of that "employee" as a consequence of such "bodily injury" to that "employee". c. To you or, any of your partners or members, (if you are a partnership, joint venture), or your members (if you are a limited liability company); or d. Arising out of the providing or failing to provide professional health care services. Subparagraphs a. and b. of this exclusion apply: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share "damages" with or repay someone else who must pay "damages" because of the injury. EXCEPTION Subparagraphs a. and b. of this exclusion do not apply if "underlying insurance" is maintained providing coverage for such liability with minimum underlying limits, as described in the Schedule of Underlying Insurance Policies. 16. Property Damage To Employee's Property Coverage afforded any of your "employees" for "property damage" to property owned or occupied by or rented or loaned to: a. That "employee"; b. Any of your other "employees"; c. Any of your partners or members (if you are a partnership or joint venture); or d. Any of your members (if you are a limited liability co.1 nanv) H_oaary Risk MmRgementDMsian ?9 - 'e"�j REVIEWED & APPROVED BY.- o z Risk Management Analyst 17. Uninsured Or Underinsured Motorists 20. Asbestos Any claim for: a. Uninsured or Underinsured Motorists Coverage; b. Personal injury protection; c. Property protection; or d. Any similar no-fault coverage by whatever name called; Unless this policy is endorsed to provide such coverage. 18. Employment Practices Liability a. Any injury or damage to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as but not limited to: coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or (2) The spouse, child, parent, brother or sister of that person, as a consequence of any injury or damage to that person at whom any of the employment -related practices described in paragraphs (a), (b), or (c) above is directed. This exclusion applies: i. Whether the injury -causing event described in part (1) above occurs before employment, during employment or after employment of that person; ii. Whether the "insured" may be liable as an employer or in any other capacity; and iii. To any obligation to share "damages" with or repay someone else who must pay "damages" because of the injury. 19. Employee Retirement Income Security Act Any liability arising out of intentional or unintentional violation of any provision of the Employee Retirement Income Security Act of 1974, Public Law 93-406 (commonly referred to as the Revision Act of 1974), or any amendments to them. Form XL 00 03 09 16 Any injury, damages, loss, cost or expense, including but not limited to "bodily injury", "property damage" or "personal and advertising injury" arising out of, or relating to, in whole or in part, the "asbestos hazard" that: a. May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; or b. Arise out of any request, demand, order, or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of any "asbestos hazard"; or c. Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". 21. Racing And Stunting Activities "Bodily injury" or "property damage" arising out of the ownership, operation, maintenance, use, entrustment to others, or loading or unloading of any "auto" or "mobile equipment" while being used in any: a. Prearranged or organized racing, speed or demolition contest; b. Stunting activity; or c. Preparation for any such contest or activity. 22. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: a. Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or b. The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion appli claimed for noti f �oRaN ItiskMmVmentDMsian REVIEWED & APPROVED BY.- } z a P1. M44441 Risk Management Analyst monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 23. Limited Underlying Coverage Any injury, damage, loss, cost or expense, including but not limited to "bodily injury", "property damage" or "personal and advertising injury" for which: a. an "underlying insurance" policy or policies specifically provides coverage; but b. because of a provision within the "underlying insurance" such coverage is provided at a limit or limits of insurance that are less than the limit(s) for the "underlying insurance" policy or policies shown on the Schedule of Underlying Insurance Policies. 24. Recording And Distribution Of Material Or Information In Violation Of Law Any injury, damage, loss, cost or expense, including but not limited to "bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; c. The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or d. Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, Page 6 of 14 transmitting, communicating or distribution of material or information. SECTION II - INVESTIGATION, DEFENSE, SETTLEMENT A. With respect to "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies (whether or not the "self -insured retention" applies) and 1. For which no coverage is provided under any "underlying insurance"; or 2. For which the underlying limits of any "underlying insurance" policy have been exhausted solely by payments of "damages" because of "occurrences" during the "policy period", We: 1. Will have the right and the duty to defend any "suit" against the "insured" seeking "damages" on account thereof, even if such "suit" is groundless, false or fraudulent; but our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under coverages afforded by this policy; 2. May make such investigation and settlement of any claim or "suit" as we deem expedient; 3. Will pay all expenses incurred by us, all court costs taxed against the "insured" in any "suit" defended by us and all interest on the entire amount of any judgment therein which accrues after the entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the applicable limit of insurance. However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured; 4. Will pay all premiums on appeal bonds required in any such "suit", premiums on bonds to release attachments in any such "suit" for an amount not in excess of the applicable limit of insurance, and the cost of bail bonds required of the "insured" because of an accident or traffic law violation arising out of the operation of any vehicle to which this policy applies, but we will have no obligation to apply for or furnish any such bonds; 5. Will pay all reasonable expenses incurred by the "insured" at our request in assisting us in the investigation or defense of any claim or "suit", including actual loss of earnings not to exceed $500 per da " and the amounts so inc of claims and "suits," are yiper insured �oRaN RiskMmWmedDMsfan Z -:. ms:=REVIEWED & APPROVED BY.- } r P1. M44441 Risk Management Analyst insured retention" and are payable in addition to any applicable limit of insurance. The "Insured" agrees to reimburse us promptly for amounts paid in settlement of claims or "suits" to the extent that such amounts are within the "self -insured retention". B. You agree to arrange for the investigation, defense or settlement of any claim or "suit" in any country where we may be prevented by law from carrying out this agreement. We will pay defense expenses incurred with our written consent in connection with any such claim or "suit" in addition to any applicable limit of insurance. We will also promptly reimburse you for our proper share, but subject to the applicable limit of insurance, of any settlement above the "self -insured retention" made with our written consent. C. We will have the right to associate at our expense with the "insured" or any underlying insurer in the investigation, defense or settlement of any claim or "suit" which in our opinion may require payment hereunder. In no event, however, will we contribute to the cost and expenses incurred by any underlying insurer. SECTION III - WHO IS AN INSURED A. If you are doing business as: 1. An individual, you and your spouse are "insureds", but only with respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture, you are an "insured". Your members, your partners, and their spouses are also "insureds", but only with respect to the conduct of your business. 3. A limited liability company, you are an "insured". Your members are also "insureds", but only with respect to the conduct of your business. Your managers are "insureds", but only with respect to their duties as your managers. 4. An organization other than a partnership, joint venture or limited liability company, you are an "insured". Your "executive officers" and directors are "insureds", but only with respect to their duties as your officers or directors. Your stockholders are also "insureds", but only with respect to their liability as stockholders. 5. A trust, you are an "insured". Your trustees are also "insureds", but only with respect to their duties as trustees. B. Each of the following is also an "insured": 1. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees," other than your "executive officers" (if you are an Form XL 00 03 09 16 organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts: a. Within the scope of their employment by you or while performing duties related to the conduct of your business; and b. Only if such "volunteer workers" or "employees" are insureds under "underlying insurance" with limits of liability no less than stated in the Schedule of Underlying Insurance Policies, subject to all the coverage, terms, conditions and limitations of such "underlying insurance". 2. Any person or organization with whom you agreed, because of a written contract, written agreement or because of a permit issued by a state or political subdivision, to provide insurance such as is afforded under this policy, but only with respect to your operations, "your work" or facilities owned or used by you. This provision does not apply: a. Unless the written contract or written agreement has been executed, or the permit has been issued prior to the "bodily injury," "property damage," or "personal and advertising injury"; and b. Unless limits of liability specified in such written contract, written agreement or permit is greater than the limits shown for "underlying insurance"; or c. Beyond the period of time required by the written contract or written agreement. 3. Any person or organization having proper temporary custody of your property if you die, but only: a. With respect to liability arising out of the maintenance or use of that property; and b. Until your legal representative has been appointed. 4. Your legal representative if you die, but only with respect to his or her duties as such. That representative will have all your rights and duties under this policy. C. With respect to "auto", any "insured" in the "underlying insurance" is an "insured" under this insurance policy, subject to all the limitations of such "underlying insurance". 101 Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more stock, will qualify as an �oRaN } r RisleManagementDMsiun REVIEWED & APPROVED BY.- P1. M44441 Risk Management Analyst other similar insurance available to that organization. However: 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the "policy period", whichever is earlier; 2. This insurance does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and 3. This insurance does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. E. Each person or organization, not included as an "insured" in Paragraphs A., B., C., or D., who is an "insured" in the "underlying insurance" is an "insured" under this insurance subject to all the terms, conditions and limitations of such "underlying insurance". No person or organization is an "insured" with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. With respect to any person or organization who is not an "insured" under "underlying insurance", coverage under this policy shall apply only to loss in excess of the amount of the "underlying insurance" or "self -insured retention" applicable to you. However, coverage afforded by reason of the provisions set forth above applies only to the extent: (i) Of the scope of coverage provided by the "underlying insurance" but in no event shall coverage be broader than the scope of coverage provided by this policy and any endorsements attached hereto; and (ii) That such coverage provided by the "underlying insurance" is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. SECTION IV - LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: 1. "Insureds"; 2. Claims made or "suits" brought; 3. Persons or organizations making claims or bringing "suits"; or 4. Coverages under which damages are covered under this policy. B. The Limit of Insurance stated as the General Aggregate Limit is the most we will pay for the sum of "damages", other than "damages": Page 8 of 14 1. Because of injury or damage included within the "products -completed operations hazard"; 2. Because of "bodily injury" by disease to your "employees" arising out of and in the course of their employment by you; and 3. Because of "bodily injury" and "property damage" arising out of the ownership, operations, maintenance, use, entrustment to others, loading or unloading of any "auto". C. The Limit of Insurance stated as the Products Completed Operations Aggregate Limit is the most we will pay for "damages" because of injury or damage included within the "products - completed operations hazard". D. The Limit of Insurance stated as the Bodily Injury By Disease Aggregate Limit is the most we will pay for "damages" because of "bodily injury" by disease to your "employees" arising out of and in the course of their employment by you. E. Subject to B., C., or D above, whichever applies, the Each Occurrence Limit is the most we will pay for "damages" because of all "bodily injury", "property damage", and "personal and advertising injury" arising out of any one "occurrence". F. Our obligations under this insurance end when the applicable Limit of Insurance available is used up. If we pay any amounts for "damages" in excess of that Limit of Insurance, you agree to reimburse us for such amounts. G. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the "policy period" shown in the Declarations. However, if the "policy period" is extended after issuance for an additional period of less than 12 months, the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance. SECTION V - NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) A. The insurance does not apply: 1. To "bodily injury" or "property damage": a. With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or b. Resulting fro properties" of ' �oRaN } r RAMmWmedDMsian REVIEWED & APPROVED BY.- Risk Management Analyst with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. 2. To "bodily injury" or "property damage" resulting from the "hazardous properties" of "nuclear material" if: a. The "nuclear material' (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom; b. The "nuclear material' is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an "insured"; or c. The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion c. applies only to "property damage" to such "nuclear facility" and any property thereat. B. As used in this exclusion: "Hazardous properties" include radioactive, toxic or explosive properties; "Nuclear material" means "source material', "special nuclear material" or "by-product material'; "Source material", "special nuclear material' and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor"; "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear Form XL 00 03 09 16 facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: (1) Any "nuclear reactor"; (2) Any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, (b) processing or utilizing "spent fuel," or (c) handling, processing or packaging "waste"; (3) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material' if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (4) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "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 reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "Property damage" includes all forms of radioactive contamination of property. SECTION VI - CONDITIONS A. Premium All premiums for this policy shall be computed in accordance with Item 5 of the Declarations. The premium stated as such in the Declarations is a deposit premium only which shall be credited to the amount of any earned premium. At the close of each "policy period", the earned premium shall be computed for such period, and upon notice thereof to the Named Insured first shown in the Declarations shall become due and payable by such Named Insured. If the total earned premium for the "policy period" is less than the premium previously paid and more than the minimum premium, we shall return to such Named Insured the unearned portion paid by such Named Insured. The Named insured first shown in the Declarations shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to us at the end of the "policy period" and at such times during the "policy period" as we may direct. B. Inspection And Audit We shall be permitted inspect your property �oRaN r Risk ManagemedDMsfan REVIEWED & APPROVED BY.- f R. Vj&wd Risk Management Analyst time. Neither our right to make inspections, nor the making thereof, nor any report thereon, shall constitute an undertaking on your behalf or for your benefit or that of others to determine or warrant that such property or operations are: 1. Safe; 2. Healthful; or 3. In compliance with any law, rule or regulation. We may examine and audit your books and records at any time during the "policy period" and extensions thereof and within three years after the final termination of this policy, insofar as they relate to the subject matter of this policy. C. Duties In The Event Of Occurrence, Claim Or Suit 1. You must see to it that we are notified as soon as practicable of an "occurrence" which may result in a claim under this policy. This requirement applies only when such "occurrence" is known to any of the following: a. You or any additional insured that is an individual; b. Any partner, if you or an additional insured are a partnership; c. Any manager, if you or an additional insured are a limited liability company; d. Any "executive officer" or insurance manager, if you or an additional insured are a corporation; e. Any trustee, if you or an additional insured is a trust; or f. Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. To the extent possible, notice should include: a. How, when and where the "occurrence" took place; b. The names and addresses of any injured persons and witnesses; and c. The nature and location of any injury or damage arising out of the "occurrence" or "offense". 2. If a claim is made or "suit" is brought against any insured, you must: a. Immediately record the specifics of the claim or "suit" and the date received; and b. Notify us in writing as soon as practicable if the claim is likely to Page 10 of 14 exceed the amount of the "self -insured retention" or "underlying insurance", whichever applies. 3. You and any other involved insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit" involving or likely to involve a sum in excess of any "self - insured retention" or "underlying insurance", whichever applies"; b. Authorize us to obtain records and other information; c. Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and d. Assist us, upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this policy or any "underlying insurance" or "self -insured retention" may apply. 4. No insured will, except at that insured's own cost, make or agree to any settlement for a sum in excess of: a. The total limits of "underlying insurance"; or b The "self -insured retention" if no "underlying insurance" applies without our consent. 5. No insureds will, except at that insured's own cost, make a payment, assume any obligation, or incur any expenses, other than first aid, without our consent. D. Assistance And Cooperation Of The Insured The "insured" shall: 1. Cooperate with us and comply with all the terms and conditions of this policy; and 2. Cooperate with any of the underlying insurers as required by the terms of the "underlying insurance" and comply with all the terms and conditions thereof. The "insured" shall enforce any right of contribution or indemnity against any person or organization who may be liable to the "insured" because of "bodily injury", "property damage" or "personal and advertising injury" with respect to this policy or any "underlying insurance". E. Legal Action Against Us No person or organization has a right under this policy: a. To join us as a party or otherwise bring us into a "suit" asking insured; or N_oaa ?9 'e'' } z a ltiskManagzme dDMsfnn REVIEWED & APPROVED BY.- P1. M44441 Risk Management Analyst b. To sue us on this policy unless all of its terms and those of the "underlying insurance" have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but, we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the limit of liability. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. F. Appeals In the event the "insured" or the "insured's" underlying insurer elects not to appeal a judgment in excess of the "underlying insurance" or the "self -insured retention," we may elect to make such appeal, at our cost and expense. If we so elect, we shall be liable in addition to the applicable Limit of Insurance, for the: 1. Taxable costs; 2. Disbursements; and 3. Additional interest incidental to such appeal; But in no event will we be liable for "damages" in excess of the applicable aggregate Limit of Insurance. If a judgment is rendered in excess of the limits of "underlying insurance" and we offer to pay our full share of such judgment, but you or your underlying insurers elect to appeal it, you, your underlying insurers or both will bear: a. The cost and duty of obtaining any appeal bond; b. The taxable costs, disbursements and additional interest incidental to such appeal; and c. Any increase in damages over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed. G. Other Insurance This policy shall apply in excess of all "underlying insurance" whether or not valid and collectible. It shall also apply in excess of other valid and collectible insurance (except other insurance purchased specifically to apply in excess of this insurance) which also applies to any loss for which insurance is provided by this policy. These excess provisions apply, whether such other insurance is stated to be: 1. Primary; 2. Contributing; 3. Excess; or 4. Contingent. Form XL 00 03 09 16 H. Transfer Of Rights Of Recovery Against Others To Us 1. Transfer Of Rights Of Recovery If the insured has rights to recover all or a part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after a loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. a. Recoveries shall be applied to reimburse: (1) First, any interest (including the Named Insured) that paid any amount in excess of our limit of liability; (2) Second, us, along with any other insurers having a quota share interest at the same level; (3) Third, such interests (including the Named Insured) of whom this insurance is excess. However, a different apportionment may be made to effect settlement of a claim by agreement signed by all interests. b. Reasonable expenses incurred in the exercise of rights of recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. 2. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the "insured" has waived any rights of recovery against any person or organization for all or part of any payment we have made under this policy, we also waive that right, provided the "insured" waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. I. Changes This policy contains all the agreements between you and us concerning the insurance afforded. Notice to any agent, or knowledge possessed by any agent or any other person shall not effect a waiver or a change in any part of this policy, or stop us from asserting any rights under the terms of this policy. The Named Insured first shown in the Declarations is authorized on behalf of all "insureds" to agree with us on changes in the terms of this policy. If the terms are changed, shown in an endorsem made a part of this policy the changes will be N_oaa RiskMmVmentDMsian r9 " REVIEWED & APPROVED BY.- } z f P'. M44441 — Risk Management Analyst J. Separation Of Insureds Except with respect to the Limits of Liability, and any rights or duties specifically assigned in this policy to the Named Insured first shown in the declarations, this insurance applies: a. As if each Named Insured were the only Named Insured: and b. Separately to each insured against whom claim is made or "suit" is brought. K. Maintenance Of Underlying Insurance Policies affording in total the coverage and limits stated in the Schedule of Underlying Insurance Policies shall be maintained in full effect during the currency of this policy. Your failure to comply with the foregoing shall not invalidate this policy, but in the event of such failure, we shall be liable only to the extent that we would have been liable had you complied herewith. The Named Insured first shown in the Declarations shall give us written notice as soon as practicable of any of the following: 1. Any change in the coverage or in the limits of any "underlying insurance", including but not limited to a change from occurrence coverage to claims made coverage; 2. Termination of part or all of one or more of the policies of "underlying insurance"; 3. Reduction or exhaustion of an aggregate limit of liability of any "underlying insurance". The "self -insured retention" shall not apply should the "underlying insurance" be exhausted by the payment of claims or "suits" which are also covered by this policy. L. Cancellation 1. The Named Insured first shown in the Declarations may cancel this policy by mailing or delivering to us or to any of our authorized agents advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations at the address shown in this policy, written notice of cancellation at least: a. 10 days before the effective date of cancellation if such Named Insured fails to pay the premium or any installment when due; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. Notice will state the effective date of cancellation. The "policy period" will end on that date. Delivery of such notice by the Named Page 12 of 14 Insured first shown in the Declarations or by us will be equivalent to mailing. 4. If the Named Insured first shown in the Declarations cancels, the refund may be less than pro rata, but we will retain any minimum premium stated as such in the Declarations. If we cancel, the refund will be pro rata. The cancellation will be effective even if we have not made or offered a refund. M. Non -Renewal 1. If we decide not to renew, we will mail or deliver to the Named Insured first shown in the Declarations, at the address shown in this policy, written notice of non -renewal at least 30 days before the end of the "policy period". 2. If notice is mailed, proof of mailing will be sufficient proof of notice. 3. If we offer to renew but such Named Insured does not accept, this policy will not be renewed at the end of the current "policy period". N. Workers' Compensation Agreement With respect to "bodily injury" to any officer or other employee arising out of and in the course of employment by you, you represent and agree that you have not abrogated and will not abrogate your common-law defenses under any Workers' Compensation Law by rejection of such law or otherwise. If at any time during the "policy period" you abrogate such defenses, the insurance for "bodily injury" to such officer or other employee automatically terminates at the same time. O. Bankruptcy Or Insolvency In the event of the bankruptcy or insolvency of the "insured" or any entity comprising the "insured", we shall not be relieved of any of our obligations under this policy. P. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. The statements in the Schedule Of Underlying Insurance Policies are accurate and complete; c. The statements in a. and b. are based upon representations you made to us: d. We have issued this policy in reliance upon your representations; and e. If unintentionally you should fail to disclose all hazards at the inception of this policy, we shall not deny coverage under this policy because of such fail N_oaa Risk ManaganadDMsfan ?9 'e''REVIEWED & APPROVED BY.- } z a P1. M44441 Risk Management Analyst SECTION VII - DEFINITIONS Except as otherwise provided in this section or amended by endorsement, the words or phrases that appear in quotation marks within this policy shall follow the definitions of the applicable "underlying insurance" policy. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement; or 2. Any claim or "suit" by or on behalf of a governmental authority demanding that the "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". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (1) That are, or that are contained in any property that is: a. Being transported or towed by, handled, or handled for movement into, onto or from, any "auto"; b. Otherwise in the course of transit by or on behalf of the "insured"; or c. Being stored, disposed of, treated or processed in or upon any "auto"; or (2) Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto any "auto"; or (3) After the "pollutants" or any property in which the "pollutants" are contained are moved from any "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Form XL 00 03 09 16 Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of an "auto", covered by the "underlying insurance" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury," "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraphs 6.b and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon an "auto" covered by the "underlying insurance" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of the "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. "Damages" include prejudgment interest awarded against the "insured" on that part of the judgment we pay. "Damages" do not include: 1. Fines; 2. Penalties; or 3. Damages for which insurance is prohibited by the law applicable to the construction of this policy. Subject to the foregoing, "damages" include damages for any of the following which result at any time from "bodily injury" to which this policy applies: 1. Death; 2. Mental anguish; 3. Shock; 4. Disability; or 5. Care and loss of services or consortium. "Insured" means any person or organization qualifying as an insured in the applicable WHO IS AN INSURED provision of this policy. The insurance afforded applies separately to each "insured" against whom claim is made or "suit" is brought, except with respect to the limit of our liability under LIMITS OF INSURANCE (SECTION IV). "Occurrence" means 1. With respect to "bodily injury" or "property damage": an accident, N_oaa ?9 'e'' } z a Risk ManaganadDMsfan REVIEWED & APPROVED BY.- P1. M44441 Risk Management Analyst repeated exposure to substantially the same general harmful conditions, and 2. With respect to "personal and advertising injury": an offense described in one of the numbered subdivisions of that definition in the "underlying insurance". "Policy period" means the period beginning with the inception date stated as such in the Declarations and ending with the earlier of: 1. The date of cancellation of this policy; or 2. The expiration date stated as such in the Declarations. "Self -insured retention" means the amount stated as such in the Declarations which is retained and payable by the "insured" with respect to each "occurrence". "Underlying insurance" means the insurance policies listed in the Schedule of Underlying Insurance Policies, including any renewals or replacements thereof, which provide the underlying coverages and limits stated in the Schedule of Underlying Insurance Policies. The limit of "underlying insurance" includes: Page 14 of 14 1. Any deductible amount; 2. Any participation of any "insured"; and 3. Any "self -insured retention" above or beneath any such policy; Less the amount, if any, by which the aggregate limit of such insurance has been reduced by any payment relating to any act, error, omission, injury, damage or offense for which insurance is provided by this policy, including Medical Payments Coverage as described in the "underlying insurance." The coverages and limits of such policies and any such deductible amount, participation or "self -insured retention" shall be deemed to be applicable regardless of: 1. Any defense which any underlying insurer may assert because of the "insured's" failure to comply with any condition of its policy; or 2. The actual or alleged insolvency or financial impairment of any underlying insurer or any "insured". The risk of insolvency or financial impairment of any underlying insurer or any "insured" is borne by you and not by us. �oRaN } z RiskMmVmedDMsfan REVIEWED & APPROVED BY.- f R. V;&wd Risk Management Analyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 46 WE 01-61-11 G Endorsement Number: Effective Date: 09/01/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HUITT ZOLLARS, INC. 1717 MCKINNEY AVE STE 1400 DALLAS TX 75202 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization from whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Countersigned by oRaN Risk ManaganadDMsian REVIEWED & APPROVED BY. - Form WC 00 03 13 Printed in U.S.A. r Policy E Risk Management Analyst aff THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 46 WE 01-61-11 G Endorsement Number: Effective Date: 09/01/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HUITT ZOLLARS, INC. 1717 MCKINNEY AVE STE 1400 DALLAS TX 75202 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. oRaN Risk ManaganadDMsian REVIEWED & APPROVED BY.- } z p t" P. VSA44a Policy E Risk Management Analyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 46 WE 01-61-11 G Endorsement Number: Effective Date: 09/01/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HUITT ZOLLARS, INC. 1717 MCKINNEY AVE STE 1400 DALLAS TX 75202 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with 1. () Special Waiver Name of person or organization respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Form WC 42 03 04 B Printed in U.S.A. Policy E: N_ortAN Risk Managanad Msian �� ..;•ec'�; REVIEWED & APPROVED BY.- � z ® Risk Management Analyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: 46 WE 0L6H1G Endorsement Number: Effective Date: 09/01 /20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HUITT ZOLLARS, INC. 1717 MCKINNEY AVE STE 1400 DALLAS TX 75202 This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form WC 99 03 94 Printed in U.S.A. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Policy E) © 2011, The Hartford �oRaN r RAMwaganadDMsfan REVIEWED & APPROVED BY.- Risk Management Analyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: 46 WE 0L6H1 G Endorsement Number: Effective Date: 09/01/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HUITT ZOLLARS, INC. 1717 MCKINNEY AVE STE 1400 DALLAS TX 75202 This policy is subject to the following additional Condition: A. If this policy is cancelled by the Company for non- payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Form WC 99 05 31 Printed in U.S.A. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Policy E) © 2011, The Hartford �oRaN } r RiskMmWmedDMsfan REVIEWED & APPROVED BY.- Risk Management Analyst / ACCOR " CERTIFICATE OF LIABILITY INSURANCE FDATE (MM/DD/YYYY) 9/15/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Risk Strategies CONTACT NAME: Joe Bryant 12801 North Central Expy. Suite 1710 Dallas, TX 75243 PHONEExt : 214 503-1212 FAX No): 214 503-8899 E-MAIL ADDRESS: certificatedallas@risk-strategies.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Berkley Insurance Company 32603 INSURED Huitt-Zollars, Inc. 1717 McKinney Ave. Ste. 1400 INSURER B : wsuRERc: INSURER D Dallas TX 75202 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 5754828:3 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE S(RENTED PREMISES Ea occurrence) ccurrence)$ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY ❑ PRO- JECT LOC ❑ PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability AEC-9034415-04 1/23/2020 1/23/2021 Per Claim $1,000,000 Pollution Liability Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible. Thirty (30) day notice of cancellation in favor of the certificate holder on all policies. RE: A-2017-160, A-2018-159-02, A-2018-160-03 CERTIFICATE HOLDER CANCELLATION City Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE oRaN Risk MmRgement Division Joe Bryant z REVIEWED & APPROVED BY.- © 1988-2015 ACORD C ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ' Risk Management Analyst 57548383 120/21 PL Master I Ronna Dans 9/15/2020 2:12:37 PM (EDT) I Page 1 of 1 Digitally signed by Francine R. Francine R. Villareal Villareal n,t, ?n? 1 01 ?A 1 S-1 nn7 -nq nn' / A� " CERTIFICATE OF LIABILITY INSURANCE FDATE (MM/DD/YYYY) 1/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Risk Strategies CONTACT NAME: Joe Bryant 12801 North Central Expy. Suite 1710 Dallas, TX 75243 PHONEExt : 214 503-1212 FAX No): 214 503-8899 E-MAIL ADDRESS: certificatedallas@risk-strategies.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Berkley Insurance Company 32603 INSURED Huitt-Zollars, Inc. 1717 McKinney Ave. Ste. 1400 INSURER B : wsuRERc: INSURER D Dallas TX 75202 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 5PA14527 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE S(RENTED PREMISES Ea occurrence) ccurrence)$ VIED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY ❑ PRO- JECT LOC ❑ PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability AEC-9042055-05 1/23/2021 1/23/2022 Per Claim $1,000,000 Pollution Liability Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible. Thirty (30) day notice of cancellation in favor of the certificate holder on all policies. RE: A-2017-160, A-2018-159-02, A-2018-160-03 CERTIFICATE HOLDER CANCELLATION City Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE oRaN Risk MmRgement Division Joe Bryant z REVIEWED & APPROVED BY.- © 1988-2015 ACORD C ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ' Risk Management Analyst 59814527 121/22 PL Master I Ronna Dans 1/22/2021 11:20:15 AM (EST) I Page 1 of 1 Ejhjubmmz!tjhofe!cz!Upsj!Qjfstpo! Ebuf;!3133/15/31!19;44;57! 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XPSLFST!DPNQFOTBUJPO TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!B PGGJDFS0NFNCFS!FYDMVEFE@ )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* DFSUJGJDBUF!IPMEFSDBODFMMBUJPO TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ BVUIPSJ\[FE!SFQSFTFOUBUJWF ª!2:99.3126!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE BHFODZ!DVTUPNFS!JE; MPD!$; Qbhf!!!!!!!!!!!pg BEEJUJPOBM!SFNBSLT!TDIFEVMF BHFODZOBNFE!JOTVSFE QPMJDZ!OVNCFS DBSSJFSOBJD!DPEF FGGFDUJWF!EBUF; BEEJUJPOBM!SFNBSLT UIJT!BEEJUJPOBM!SFNBSLT!GPSN!JT!B!TDIFEVMF!UP!BDPSE!GPSN- GPSN!OVNCFS;GPSN!UJUMF; BDPSE!212!)3119012*ª!3119!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE POLICYNUMBER:COMMERCIALGENERALLIABILITY CG25030509 THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. DESIGNATEDCONSTRUCTIONPROJECT(S) GENERALAGGREGATELIMIT Thisendorsementmodifiesinsuranceprovidedunderthefollowing: COMMERCIALGENERALLIABILITYCOVERAGEPART SCHEDULE DesignatedConstructionProject(s): InformationrequiredtocompletethisSchedule,ifnotshownabove,willbeshownintheDeclarations. A.3.A ForallsumswhichtheinsuredbecomeslegallyAnypaymentsmadeunderCoveragefor C obligatedtopayasdamagescausedbydamagesorunderCoverageformedical IA, "occurrences"underSectionÎCoverageandexpensesshallreducetheDesignated forallmedicalexpensescausedbyaccidentsConstructionProjectGeneralAggregateLimit IC, underSectionÎCoveragewhichcanbeforthatdesignatedconstructionproject.Such attributedonlytoongoingoperationsatasinglepaymentsshallnotreducetheGeneral designatedconstructionprojectshownintheAggregateLimitshownintheDeclarations Scheduleabove:norshalltheyreduceanyotherDesignated ConstructionProjectGeneralAggregateLimit 1. AseparateDesignatedConstructionProject foranyotherdesignatedconstructionproject GeneralAggregateLimitappliestoeach shownintheScheduleabove. designatedconstructionproject,andthatlimit 4. isequaltotheamountoftheGeneralThelimitsshownintheDeclarationsforEach AggregateLimitshownintheDeclarations.Occurrence,DamageToPremisesRentedTo YouandMedicalExpensecontinuetoapply. 2. TheDesignatedConstructionProjectGeneral However,insteadofbeingsubjecttothe AggregateLimitisthemostwewillpayforthe GeneralAggregateLimitshowninthe A, sumofalldamagesunderCoverage Declarations,suchlimitswillbesubjecttothe exceptdamagesbecauseof"bodilyinjury"or applicableDesignatedConstructionProject "propertydamage"includedinthe"products- GeneralAggregateLimit. completedoperationshazard",andfor C medicalexpensesunderCoverage regardlessofthenumberof: a. Insureds; b. Claimsmadeor"suits"brought;or c. Personsororganizationsmakingclaimsor bringing"suits". CG25030509Page1of2 ©InsuranceServicesOffice,Inc.,2008 B.C. ForallsumswhichtheinsuredbecomeslegallyWhencoverageforliabilityarisingoutofthe obligatedtopayasdamagescausedby"products-completedoperationshazard"is IA, "occurrences"underSectionÎCoverageandprovided,anypaymentsfordamagesbecauseof forallmedicalexpensescausedbyaccidents"bodilyinjury"or"propertydamage"includedin IC, underSectionÎCoveragewhichcannotbethe"products-completedoperationshazard"will attributedonlytoongoingoperationsatasinglereducetheProducts-completedOperations designatedconstructionprojectshownintheAggregateLimit,andnotreducetheGeneral Scheduleabove:AggregateLimitnortheDesignatedConstruction ProjectGeneralAggregateLimit. 1.A AnypaymentsmadeunderCoveragefor CD. damagesorunderCoverageformedicalIftheapplicabledesignatedconstructionproject expensesshallreducetheamountavailablehasbeenabandoned,delayed,orabandoned undertheGeneralAggregateLimitortheandthenrestarted,oriftheauthorized Products-completedOperationsAggregatecontractingpartiesdeviatefromplans,blueprints, Limit,whicheverisapplicable;anddesigns,specificationsortimetables,theproject willstillbedeemedtobethesameconstruction 2. Suchpaymentsshallnotreduceany project. DesignatedConstructionProjectGeneral E.III AggregateLimit.TheprovisionsofSectionÎLimitsOf Insurancenototherwisemodifiedbythis endorsementshallcontinuetoapplyas stipulated. Page2of2CG25030509 ©InsuranceServicesOffice,Inc.,2008 POLICYNUMBER: THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. AMENDMENT-DEFINITIONOFINSUREDCONTRACT Thisendorsementmodifiesinsuranceprovidedunderthefollowing: COMMERCIALGENERALLIABILITYCOVERAGEPART SCHEDULE DesignationofContracts: (Ifnoentryappearsabove,informationrequiredtocompletethisendorsementwillbeshowninthe Declarationsasapplicabletothisendorsement.) f. WithrespecttoanycontractshownintheSchedule,thefirstsubparagraphofParagraphofthedefinitionof Definitions "insuredcontract"intheSectionisreplacedbythefollowing: f. Thatpartofanyothercontractoragreementpertainingtoyourbusiness(includinganindemnificationofa municipalityinconnectionwithworkperformedforamunicipality)underwhichyouassumethetortliabilityof anotherpartytopayfor"bodilyinjury"or"propertydamage"toathirdpersonororganization.Tortliability meansaliabilitythatwouldbeimposedbylawintheabsenceofanycontractoragreement. FormHC24920608Page1of1 © 2008,TheHartford (IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.withitspermission.) COMMERCIALGENERALLIABILITYCOVERAGEFORM Variousprovisionsinthispolicyrestrictcoverage.(1)The"bodilyinjury"or"propertydamage"is Readtheentirepolicycarefullytodeterminerights, causedbyan"occurrence"thattakes dutiesandwhatisandisnotcovered. placeinthe"coverageterritory"; Throughoutthispolicythewords"you"and"your"(2)The"bodilyinjury"or"propertydamage" refertotheNamedInsuredshowninthe occursduringthepolicyperiod;and Declarations,andanyotherpersonororganization (3)Priortothepolicyperiod,noinsuredlisted qualifyingasaNamedInsuredunderthispolicy.The underParagraph 1.ofSection II ÎWhoIs words"we","us"and"our"refertothestock AnInsuredandno"employee"authorized insurancecompanymemberofTheHartford byyoutogiveorreceivenoticeofan providingthisinsurance. "occurrence"orclaim,knewthatthe Theword"insured"meansanypersonor"bodilyinjury"or"propertydamage"had organizationqualifyingassuchunderSection II Î occurred,inwholeorinpart.Ifsucha WhoIsAnInsured. listedinsuredorauthorized"employee" knew,priortothepolicyperiod,thatthe Otherwordsandphrasesthatappearinquotation "bodilyinjury"or"propertydamage" markshavespecialmeaning.RefertoSection V Î occurred,thenanycontinuation,change Definitions. orresumptionofsuch"bodilyinjury"or SECTIONIÎCOVERAGES "propertydamage"duringorafterthe COVERAGEABODILYINJURYANDPROPERTY policyperiodwillbedeemedtohavebeen DAMAGELIABILITY knownpriortothepolicyperiod. 1.InsuringAgreement c."Bodilyinjury"or"propertydamage"willbe deemedtohavebeenknowntohave a.Wewillpaythosesumsthattheinsured occurredattheearliesttimewhenany becomeslegallyobligatedtopayasdamages insuredlistedunderParagraph 1.ofSection II becauseof"bodilyinjury"or"property ÎWhoIsAnInsuredorany"employee" damage"towhichthisinsuranceapplies.We authorizedbyyoutogiveorreceivenoticeof willhavetherightanddutytodefendthe an"occurrence"orclaim: insuredagainstany"suit"seekingthose damages.However,wewillhavenodutyto (1)Reportsall,oranypart,ofthe"bodily defendtheinsuredagainstany"suit"seeking injury"or"propertydamage"tousorany damagesfor"bodilyinjury"or"property otherinsurer; damage"towhichthisinsurancedoesnot (2)Receivesawrittenorverbaldemandor apply.Wemay,atourdiscretion,investigate claimfordamagesbecauseofthe"bodily any"occurrence"andsettleanyclaimor"suit" injury"or"propertydamage";or thatmayresult.But: (3)Becomesawarebyanyothermeansthat (1)Theamountwewillpayfordamagesis "bodilyinjury"or"propertydamage"has limitedasdescribedinSection III ÎLimits occurredorhasbeguntooccur. OfInsurance;and d.Damagesbecauseof"bodilyinjury"include (2)Ourrightanddutytodefendendswhen damagesclaimedbyanypersonor wehaveuseduptheapplicablelimitof organizationforcare,lossofservicesor insuranceinthepaymentofjudgmentsor deathresultingatanytimefromthe"bodily settlementsunderCoverages A or B or injury". medicalexpensesunderCoverage C. e.IncidentalMedicalMalpracticeAndGood Nootherobligationorliabilitytopaysumsor SamaritanCoverage performactsorservicesiscoveredunless "Bodilyinjury"arisingoutoftherenderingof explicitlyprovidedforunderSupplementary failuretorenderthefollowinghealthcare or PaymentsÎCoverages A and B. servicesbyany"employee"or"volunteer b.Thisinsuranceappliesto"bodilyinjury"and worker"shallbedeemedtobecausedbyan "propertydamage"onlyif: "occurrence"for: HG00010916Page1of21 ©2016TheHartford (IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.withitspermission.) (1)Professionalhealthcareservicessuchas: (a)Liabilitytosuchpartyfor,orforthe costof,thatparty'sdefensehasalso (a)Medical,surgical,dental,laboratory,x- beenassumedinthesame"insured rayornursingservicesortreatment, contract";and adviceorinstruction,ortherelated furnishingoffoodorbeverages;(b)Suchattorneyfeesandlitigation expensesarefordefenseofthatparty (b)Anyhealthortherapeuticservice, againstaciviloralternativedispute treatment,adviceorinstruction;or resolutionproceedinginwhich (c)Thefurnishingordispensingofdrugs damagestowhichthisinsurance ormedical,dental,orsurgicalsupplies appliesarealleged. orappliances;or c.LiquorLiability (2)Firstaidservices,whichinclude: "Bodilyinjury"or"propertydamage"forwhich (a)Cardiopulmonaryresuscitation, anyinsuredmaybeheldliablebyreasonof: whetherperformedmanuallyorwitha (1)Causingorcontributingtotheintoxication defibrillator;or ofanyperson; (b)ServicesperformedasaGood (2)Thefurnishingofalcoholicbeveragestoa Samaritan. personunderthelegaldrinkingageor Forthepurposeofdeterminingthelimitsof undertheinfluenceofalcohol;or insurance,anyactoromissiontogetherwith (3)Anystatute,ordinanceorregulation allrelatedactsoromissionsinthefurnishing relatingtothesale,gift,distributionoruse oftheseservicestoanyonepersonwillbe ofalcoholicbeverages. consideredone"occurrence". Thisexclusionapplieseveniftheclaims However,thisIncidentalMedicalMalpractice againstanyinsuredallegenegligenceor AndGoodSamaritanCoverageprovision otherwrongdoingin: appliesonlyifyouarenotengagedinthe businessoroccupationofprovidinganyofthe(a)Thesupervision,hiring,employment, servicesdescribedinthisprovision. trainingormonitoringofothersbythat insured;or 2.Exclusions (b)Providingorfailingtoprovide Thisinsurancedoesnotapplyto: transportationwithrespecttoany a.ExpectedOrIntendedInjury personthatmaybeundertheinfluence "Bodilyinjury"or"propertydamage"expected ofalcohol; orintendedfromthestandpointofthe ifthe"occurrence"whichcausedthe"bodily insured.Thisexclusiondoesnotapplyto injury"or"propertydamage",involvedthat "bodilyinjury"or"propertydamage"resulting whichisdescribedinParagraph(1),(2)or(3) fromtheuseofreasonableforcetoprotect above. personsorproperty. However,thisexclusionappliesonlyifyou b.ContractualLiability areinthebusinessofmanufacturing, "Bodilyinjury"or"propertydamage"forwhich distributing,selling,servingorfurnishing theinsuredisobligatedtopaydamagesby alcoholicbeverages.Forthepurposesofthis reasonoftheassumptionofliabilityina exclusion,permittingapersontobring contractoragreement.Thisexclusiondoes alcoholicbeveragesonyourpremises,for notapplytoliabilityfordamages: consumptiononyourpremises,whetheror notafeeischargedoralicenseisrequired (1)Thattheinsuredwouldhaveinthe forsuchactivity,isnotbyitselfconsideredthe absenceofthecontractoragreement;or businessofselling,servingorfurnishing (2)Assumedinacontractoragreementthat alcoholicbeverages. isan"insuredcontract",providedthe d.Workers'CompensationAndSimilarLaws "bodilyinjury"or"propertydamage" occurssubsequenttotheexecutionofthe Anyobligationoftheinsuredunderaworkers' contractoragreement.Solelyforthe compensation,disabilitybenefitsor purposesofliabilityassumedinan unemploymentcompensationlaworany "insuredcontract",reasonableattorney imilarlaw. s feesandnecessarylitigationexpenses e.Employer'sLiability incurredbyorforapartyotherthanan "Bodilyinjury"to: insuredaredeemedtobedamages (1)An"employee"oftheinsuredarisingoutof becauseof"bodilyinjury"or"property damage",provided:andinthecourseof: Page2of21HG00010916 (a)Employmentbytheinsured;or thehandling,storage,disposal, processingortreatmentofwaste; (b)Performingdutiesrelatedtothe conductoftheinsured'sbusiness;or(c)Whichareorwereatanytime transported,handled,stored,treated, (2)Thespouse,child,parent,brotherorsister disposedof,orprocessedaswasteby ofthat"employee"asaconsequenceof orfor: Paragraph(1)above. (i)Anyinsured;or Thisexclusionapplies: (ii)Anypersonororganizationfor (1)Whethertheinsuredmaybeliableasan whomyoumaybelegally employerorinanyothercapacity;and responsible; (2)Toanyobligationtosharedamageswith (d)Atorfromanypremises,siteor orrepaysomeoneelsewhomustpay locationonwhichanyinsuredorany damagesbecauseoftheinjury. contractorsorsubcontractorsworking Thisexclusiondoesnotapplytoliability directlyorindirectlyonanyinsured's assumedbytheinsuredunderan"insured behalfareperformingoperationsifthe contract". "pollutants"arebroughtonortothe f.Pollution premises,siteorlocationinconnection withsuchoperationsbysuchinsured, (1)"Bodilyinjury"or"propertydamage" contractororsubcontractor.However, arisingoutoftheactual,allegedor thissubparagraphdoesnotapplyto: threateneddischarge,dispersal,seepage, migration,releaseorescapeof (i)"Bodilyinjury"or"propertydamage" "pollutants": arisingoutoftheescapeoffuels, lubricantsorotheroperatingfluids (a)Atorfromanypremises,siteor whichareneededtoperformthe locationwhichisorwasatanytime normalelectrical,hydraulicor ownedoroccupiedby,orrentedor mechanicalfunctionsnecessaryfor loanedto,anyinsured.However,this theoperationof"mobileequipment" subparagraphdoesnotapplyto: oritsparts,ifsuchfuels,lubricants (i)"Bodilyinjury"ifsustainedwithina orotheroperatingfluidsescape buildingandcausedbysmoke, fromavehiclepartdesignedto fumes,vapororsootproducedby hold,storeorreceivethem.This ororiginatingfromequipmentthat exceptiondoesnotapplyifthe isusedtoheat,coolordehumidify "bodilyinjury"or"propertydamage" thebuilding,orequipmentthatis arisesoutoftheintentional usedtoheatwaterforpersonal discharge,dispersalorreleaseof use,bythebuilding'soccupantsor thefuels,lubricantsorother theirguests; operatingfluids,orifsuchfuels, (ii)"Bodilyinjury"or"propertydamage" lubricantsorotheroperatingfluids forwhichyoumaybeheldliable,if arebroughtonortothepremises, youareacontractorandtheowner siteorlocationwiththeintentthat orlesseeofsuchpremises,siteor theybedischarged,dispersedor locationhasbeenaddedtoyour releasedaspartoftheoperations policyasanadditionalinsuredwith beingperformedbysuchinsured, respecttoyourongoingoperations contractororsubcontractor; performedforthatadditional (ii)"Bodilyinjury"or"propertydamage" insuredatthatpremises,siteor sustainedwithinabuildingand locationandsuchpremises,siteor causedbythereleaseofgases, locationisnotandneverwas fumesorvaporsfrommaterials ownedoroccupiedby,orrentedor broughtintothatbuildingin loanedto,anyinsured,otherthan connectionwithoperationsbeing thatadditionalinsured;or performedbyyouoronyourbehalf (iii)"Bodilyinjury"or"propertydamage" byacontractororsubcontractor;or arisingoutofheat,smokeorfumes (iii)"Bodilyinjury"or"propertydamage" froma"hostilefire"; arisingoutofheat,smokeorfumes (b)Atorfromanypremises,siteor froma"hostilefire";or locationwhichisorwasatanytime (e)Atorfromanypremises,siteor usedbyorforanyinsuredorothersfor locationonwhichanyinsuredorany contractorsorsubcontractorsworking HG00010916Page3of21 directlyorindirectlyonanyinsured's to,premisesyouownorrent,providedthe behalfareperformingoperationsifthe"auto"isnotownedbyorrentedorloaned operationsaretotestfor,monitor, toyouortheinsured; cleanup,remove,contain,treat, (4)Liabilityassumedunderany"insured detoxifyorneutralize,orinanyway contract"fortheownership,maintenance respondto,orassesstheeffectsof, oruseofaircraftorwatercraft; "pollutants". (5)"Bodilyinjury"or"propertydamage" (2)Anyloss,costorexpensearisingoutof arisingoutof: any: (a)Theoperationofmachineryor (a)Request,demand,orderorstatutoryor equipmentthatisattachedto,orpart regulatoryrequirementthatany of,alandvehiclethatwouldqualify insuredorotherstestfor,monitor, underthedefinitionof"mobile cleanup,remove,contain,treat, equipment"ifitwerenotsubjecttoa detoxifyorneutralize,orinanyway compulsoryorfinancialresponsibility respondto,orassesstheeffectsof, laworothermotorvehicleinsurance "pollutants";or lawwhereitislicensedorprincipally (b)Claimorsuitbyoronbehalfofa garaged;or governmentalauthorityfordamages (b)Theoperationofanyofthemachinery becauseoftestingfor,monitoring, orequipmentlistedinParagraph f.(2) cleaningup,removing,containing, or f.(3)ofthedefinitionof"mobile treating,detoxifyingorneutralizing,or equipment";or inanywayrespondingto,orassessing (6)Anaircraftthatisnotownedbyany theeffectsof,"pollutants". insuredandishired,charteredorloaned However,thisparagraphdoesnotapplyto withapaidcrew.However,thisexception liabilityfordamagesbecauseof"property doesnotapplyiftheinsuredhasanyother damage"thattheinsuredwouldhavein insuranceforsuch"bodilyinjury"or theabsenceofsuchrequest,demand, "propertydamage",whethertheother orderorstatutoryorregulatory insuranceisprimary,excess,contingent requirement,orsuchclaimor"suit"byor oronanyotherbasis. onbehalfofagovernmentalauthority. h.MobileEquipment g.Aircraft,AutoOrWatercraft "Bodilyinjury"or"propertydamage"arising "Bodilyinjury"or"propertydamage"arising outof: outoftheownership,maintenance,useor (1)Thetransportationof"mobileequipment" entrustmenttoothersofanyaircraft,"auto"or byan"auto"ownedoroperatedbyor watercraftownedoroperatedbyorrentedor rentedorloanedtoanyinsured;or loanedtoanyinsured.Useincludesoperation (2)Theuseof"mobileequipment"in,orwhile and"loadingorunloading". inpracticefor,orwhilebeingpreparedfor, Thisexclusionapplieseveniftheclaims anyprearrangedracing,speed, againstanyinsuredallegenegligenceor demolition,orstuntingactivity. otherwrongdoinginthesupervision,hiring, i.War employment,trainingormonitoringofothers bythatinsured,ifthe"occurrence"which "Bodilyinjury"or"propertydamage",however causedthe"bodilyinjury"or"property caused,arising,directlyorindirectly,outof: damage"involvedtheownership, (1)War,includingundeclaredorcivilwar; maintenance,useorentrustmenttoothersof (2)Warlikeactionbyamilitaryforce,including anyaircraft,"auto"orwatercraftthatisowned actioninhinderingordefendingagainstan oroperatedbyorrentedorloanedtoany actualorexpectedattack,byany insured. government,sovereignorotherauthority Thisexclusiondoesnotapplyto: usingmilitarypersonnelorotheragents; (1)Awatercraftwhileashoreonpremisesyou or ownorrent; (3)Insurrection,rebellion,revolution,usurped (2)Awatercraftyoudonotownthatis: power,oractiontakenbygovernmental authorityinhinderingordefendingagainst (a)Lessthan51feetlong;and anyofthese. (b)Notbeingusedtocarrypersonsfora DamageToProperty j. charge; "Propertydamage"to: (3)Parkingan"auto"on,oronthewaysnext Page4of21HG00010916 (1)Propertyyouown,rent,oroccupy, Thisexclusiondoesnotapplyifthedamaged includinganycostsorexpensesincurredworkortheworkoutofwhichthedamage byyou,oranyotherperson,organization ariseswasperformedonyourbehalfbya orentity,forrepair,replacement, subcontractor. enhancement,restorationormaintenance m.DamageToImpairedPropertyOrProperty ofsuchpropertyforanyreason,including NotPhysicallyInjured preventionofinjurytoapersonordamage "Propertydamage"to"impairedproperty"or toanother'sproperty; propertythathasnotbeenphysicallyinjured, (2)Premisesyousell,giveawayorabandon, arisingoutof: ifthe"propertydamage"arisesoutofany (1)Adefect,deficiency,inadequacyor partofthosepremises; dangerousconditionin"yourproduct"or (3)Propertyloanedtoyou; "yourwork";or (4)Personalpropertyinthecare,custodyor (2)Adelayorfailurebyyouoranyoneacting controloftheinsured; onyourbehalftoperformacontractor (5)Thatparticularpartofrealpropertyon agreementinaccordancewithitsterms. whichyouoranycontractorsor Thisexclusiondoesnotapplytothelossof subcontractors useofotherpropertyarisingoutofsudden workingdirectlyorindirectlyonyourbehalf andaccidentalphysicalinjuryto"your areperformingoperations,ifthe"property product"or"yourwork"afterithasbeenput damage"arisesoutofthoseoperations;or toitsintendeduse. (6)Thatparticularpartofanypropertythat n.RecallOfProducts,WorkOrImpaired mustberestored,repairedorreplaced Property because"yourwork"wasincorrectly Damagesclaimedforanyloss,costor performedonit. expenseincurredbyyouorothersfortheloss Paragraphs(1),(3)and(4)ofthisexclusion ofuse,withdrawal,recall,inspection,repair, donotapplyto"propertydamage"(otherthan replacement,adjustment,removalordisposal damagebyfire)topremises,includingthe of: contentsofsuchpremises,rentedtoyoufora (1)"Yourproduct"; periodofsevenorfewerconsecutivedays.A (2)"Yourwork";or separatelimitofinsuranceappliestoDamage ToPremisesRentedToYouasdescribedin (3)"Impairedproperty"; Section III ÎLimitsOfInsurance. ifsuchproduct,work,orpropertyiswithdrawn Paragraph(2)ofthisexclusiondoesnotapply orrecalledfromthemarketorfromuseby ifthepremisesare"yourwork"andwere anypersonororganizationbecauseofa neveroccupied,rentedorheldforrentalby knownorsuspecteddefect,deficiency, you. inadequacyordangerousconditioninit. Paragraphs(3)and(4)ofthisexclusiondo o.PersonalAndAdvertisingInjury notapplyto"propertydamage"arisingfrom "Bodilyinjury"arisingoutof"personaland theuseofelevators. advertisinginjury". Paragraphs(3),(4),(5)and(6)ofthis p.AccessorDisclosureOfConfidentialOr exclusiondonotapplytoliabilityassumed PersonalInformationAndData-related underasidetrackagreement. Liability Paragraphs(3)and(4)ofthisexclusiondo Damagesarisingoutof: notapplyto"propertydamage"toborrowed (1)Anyaccesstoordisclosureofany equipmentwhilenotbeingusedtoperform person'sororganization'sconfidentialor operationsatthejobsite. personalinformation,includingpatents, Paragraph(6)ofthisexclusiondoesnotapply tradesecrets,processingmethods, to"propertydamage"includedinthe customerlists,financialinformation,credit "products-completedoperationshazard". cardinformation,healthinformationorany k.DamageToYourProduct othertypeofnonpublicinformation;or "Propertydamage"to"yourproduct"arising (2)Thelossof,lossofuseof,damageto, outofitoranypartofit. corruptionof,inabilitytoaccess,or inabilitytomanipulateelectronicdata. l.DamageToYourWork Thisexclusionappliesevenifdamagesare "Propertydamage"to"yourwork"arisingout claimedfornotificationcosts,credit ofitoranypartofitandincludedinthe monitoringexpenses,forensicexpenses, "products-completedoperationshazard". HG00010916Page5of21 publicrelationsexpensesoranyotherloss, assesstheeffectsofan"asbestos costorexpenseincurredbyyouorothershazard";or arisingoutofthatwhichisdescribedin (c)Ariseoutofanyclaimorsuitfor Paragraph(1)or(2)above. damagesbecauseoftestingfor, However,unlessParagraph(1)above monitoring,cleaningup,removing, applies,thisexclusiondoesnotapplyto encapsulating,containing,treating, damagesbecauseof"bodilyinjuryÑ. detoxifyingorneutralizingorinany wayrespondingtoorassessingthe Asusedinthisexclusion,electronicdata effectsofan"asbestoshazard". meansinformation,factsorprogramsstored asoron,createdorusedon,ortransmittedto s.RecordingAndDistributionOfMaterialOr orfromcomputersoftware,includingsystems InformationInViolationOfLaw andapplicationssoftware,hardorfloppy "Bodilyinjury"or"propertydamage"arising disks,CD-ROMS,tapes,drives,cells,data directlyorindirectlyoutofanyactionor processingdevicesoranyothermediawhich omissionthatviolatesorisallegedtoviolate: areusedwithelectronicallycontrolled (1)TheTelephoneConsumerProtectionAct equipment. (TCPA),includinganyamendmentofor q.Employment-RelatedPractices additiontosuchlaw; "Bodilyinjury"to: (2)TheCAN-SPAMActof2003,including (1)Apersonarisingoutofany"employmentÎ anyamendmentoforadditiontosuchlaw; relatedpractices";or (3)TheFairCreditReportingAct(FCRA),and (2)Thespouse,child,parent,brotherorsister anyamendmentoforadditiontosuchlaw, ofthatpersonasaconsequenceof"bodilyincludingtheFairandAccurateCredit injury"tothatpersonatwhomanyTransactionAct(FACTA);or "employment-relatedpractices"are (4)Anyfederal,stateorlocalstatute, directed. ordinanceorregulation,otherthanthe Thisexclusionapplies: TCPAorCAN-SPAMActof2003orFCRA andtheiramendmentsandadditions,that (1)Whethertheinjury-causingevent addresses,prohibitsorlimitstheprinting, describedinthedefinitionof"employment- dissemination,disposal,collecting, relatedpractices"occursbefore recording,sending,transmitting, employment,duringemploymentorafter communicatingordistributionofmaterial employmentofthatperson; orinformation. (2)Whethertheinsuredmaybeliableasan DamageToPremisesRentedToYouÎ employerorinanyothercapacity;and ExceptionForDamageByFire,LightningOr (3)Toanyobligationtosharedamageswith Explosion orrepaysomeoneelsewhomustpay Exclusions c.through h.and j.through n.donot damagesbecauseoftheinjury. applytodamagebyfire,lightningorexplosionto r.Asbestos premiseswhilerentedtoyouortemporarily (1)"Bodilyinjury"or"propertydamage" occupiedbyyouwithpermissionoftheowner.A arisingoutofthe"asbestoshazard". separatelimitofinsuranceappliestothis coverageasdescribedinSection III ÎLimitsOf (2)Anydamages,judgments,settlements, Insurance. loss,costsorexpensesthat: COVERAGEBPERSONALANDADVERTISING (a)Maybeawardedorincurredbyreason INJURYLIABILITY ofanyclaimorsuitallegingactualor threatenedinjuryordamageofany InsuringAgreement 1. natureorkindtopersonsorproperty a.Wewillpaythosesumsthattheinsured whichwouldnothaveoccurredin becomeslegallyobligatedtopayasdamages wholeorinpartbutforthe"asbestos becauseof"personalandadvertisinginjury" hazard"; towhichthisinsuranceapplies.Wewillhave (b)Ariseoutofanyrequest,demand, therightanddutytodefendtheinsured orderorstatutoryorregulatory againstany"suit"seekingthosedamages. requirementthatanyinsuredorothers However,wewillhavenodutytodefendthe testfor,monitor,cleanup,remove, insuredagainstany"suit"seekingdamages encapsulate,contain,treat,detoxifyor for"personalandadvertisinginjury"towhich neutralizeorinanywayrespondtoor thisinsurancedoesnotapply.Wemay,atour Page6of21HG00010916 discretion,investigateanyoffenseandsettle useanother's"advertisingidea"inyour anyclaimor"suit"thatmayresult.But:"advertisement". (1)Theamountwewillpayfordamagesis g.QualityOrPerformanceOfGoodsÎ limitedasdescribedinSection III ÎLimits FailureToConformToStatements OfInsurance;and "Personalandadvertisinginjury"arisingoutof (2)Ourrightanddutytodefendendwhenwe thefailureofgoods,productsorservicesto haveuseduptheapplicablelimitof conformwithanystatementofqualityor insuranceinthepaymentofjudgmentsor performancemadeinyour"advertisement". settlementsunderCoverages A or B or h.WrongDescriptionOfPrices medicalexpensesunderCoverage C. "Personalandadvertisinginjury"arisingoutof Nootherobligationorliabilitytopaysumsor thewrongdescriptionofthepriceofgoods, performactsorservicesiscoveredunless productsorservices. explicitlyprovidedforunderSupplementary i.InfringementOfIntellectualProperty PaymentsÎCoverages A and B. Rights b.Thisinsuranceappliesto"personaland (1)"Personalandadvertisinginjury"arising advertisinginjury"causedbyanoffense outofanyactualorallegedinfringement arisingoutofyourbusinessbutonlyifthe orviolationofanyintellectualproperty offensewascommittedinthe"coverage rightssuchascopyright,patent, territory"duringthepolicyperiod. trademark,tradename,tradesecret,trade 2.Exclusions dress,servicemarkorotherdesignation Thisinsurancedoesnotapplyto:oforiginorauthenticity;or a.KnowingViolationOfRightsOfAnother (2)Anyinjuryordamageallegedinanyclam or"suit"thatalsoallegesaninfringement "Personalandadvertisinginjury"arisingoutof orviolationofanyintellectualproperty anoffensecommittedby,atthedirectionor right,whethersuchallegationof withtheconsentoracquiescenceofthe infringementorviolationismadebyyouor insuredwiththeexpectationofinflicting byanyotherpartyinvolvedintheclaimor "personalandadvertisinginjury". "suit",regardlessofwhetherthis b.MaterialPublishedWithKnowledgeOf insurancewouldotherwiseapply. Falsity However,thisexclusiondoesnotapplyifthe "Personalandadvertisinginjury"arisingoutof onlyallegationintheclaimor"suit"involving oral,writtenorelectronicpublication,inany anyintellectualpropertyrightislimitedto: manner,ofmaterial,ifdonebyoratthe (1)Infringement,inyour"advertisement",of: directionoftheinsuredwithknowledgeofits falsity.(a)Copyright; c.MaterialPublishedPriorToPolicyPeriod (b)Slogan;or "Personalandadvertisinginjury"arisingoutof(c)Titleofanyliteraryorartisticwork;or oral,writtenorelectronicpublication,inany (2)Copying,inyour"advertisement",a manner,ofmaterialwhosefirstpublication personÓsororganizationÓs"advertising tookplacebeforethebeginningofthepolicy idea"orstyleof"advertisement". period. j.InsuredsInMediaAndInternetType d.CriminalActs Businesses "Personalandadvertisinginjury"arisingoutof "Personalandadvertisinginjury"committed acriminalactcommittedbyoratthedirection byaninsuredwhosebusinessis: oftheinsured. )Advertising,broadcasting,publishingor (1 e.ContractualLiability telecasting; "Personalandadvertisinginjury"forwhichthe (2)Designingordeterminingcontentofweb insuredhasassumedliabilityinacontractor sitesforothers;or agreement.Thisexclusiondoesnotapplyto (3)AnInternetsearch,access,contentor liabilityfordamagesthattheinsuredwould serviceprovider. haveintheabsenceofthecontractor However,thisexclusiondoesnotapplyto agreement. Paragraphs a.,b.and c.ofthedefinitionof f.BreachOfContract "personalandadvertisinginjury"underthe "Personalandadvertisinginjury"arisingoutofa DefinitionsSection. breachofcontract,exceptanimpliedcontractto HG00010916Page7of21 Forthepurposesofthisexclusion,theplacing "Personalandadvertisinginjury"arisingout offrames,bordersorlinks,oradvertising,forof: youorothersanywhereontheInternet,isnot (1)An"advertisement"forothersonyourweb byitself,consideredthebusinessof site; advertising,broadcasting,publishingor (2)Placingalinktoawebsiteofotherson telecasting. yourwebsite; k.ElectronicChatroomsOrBulletinBoards (3)Content,includinginformation,sounds, "Personalandadvertisinginjury"arisingoutof text,graphics,orimagesfromawebsite anelectronicchatroomorbulletinboardthe ofothersdisplayedwithinaframeor insuredhosts,owns,oroverwhichthe borderonyourwebsite;or insuredexercisescontrol. (4)Computercode,softwareorprogramming l.UnauthorizedUseOfAnother'sNameOr usedtoenable: Product (a)Yourwebsite;or "Personalandadvertisinginjury"arisingoutof (b)Thepresentationorfunctionalityofan theunauthorizeduseofanother'snameor "advertisement"orothercontenton productinyoure-mailaddress,domainname yourwebsite. ormetatags,oranyothersimilartacticsto q.RightOfPrivacyCreatedByStatute misleadanother'spotentialcustomers. "Personalandadvertisinginjury"arisingoutof m.Pollution theviolationofaperson'srightofprivacy "Personalandadvertisinginjury"arisingoutof createdbyanystateorfederalact. theactual,allegedorthreateneddischarge, However,thisexclusiondoesnotapplyto dispersal,seepage,migration,releaseor liabilityfordamagesthattheinsuredwould escapeof"pollutants"atanytime. haveintheabsenceofsuchstateorfederal n.Pollution-Related act. Anyloss,costorexpensearisingoutofany: r.ViolationOfAnti-Trustlaw (1)Request,demand,orderorstatutoryor "Personalandadvertisinginjury"arisingoutof regulatoryrequirementthatanyinsuredor aviolationofanyanti-trustlaw. otherstestfor,monitor,cleanup,remove, s.Securities contain,treat,detoxifyorneutralize,orin anywayrespondto,orassesstheeffects "Personalandadvertisinginjury"arisingoutof of,"pollutants";or thefluctuationinpriceorvalueofanystocks, bondsorothersecurities. (2)Claimorsuitbyoronbehalfofa governmentalauthorityfordamages t.RecordingAndDistributionOfMaterialOr becauseoftestingfor,monitoring, InformationInViolationOfLaw cleaningup,removing,containing, "Personalandadvertisinginjury"arising treating,detoxifyingorneutralizing,orin directlyorindirectlyoutofanyactionor anywayrespondingto,orassessingthe omissionthatviolatesorisallegedtoviolate: effectsof,"pollutants". (1)TheTelephoneConsumerProtectionAct o.War (TCPA),includinganyamendmentofor "Personalandadvertisinginjury",however additiontosuchlaw; caused,arising,directlyorindirectly,outof: (2)TheCAN-SPAMActof2003,including (1)War,includingundeclaredorcivilwar; anyamendmentoforadditiontosuchlaw; (2)Warlikeactionbyamilitaryforce,including (3)TheFairCreditReportingAct(FCRA),and actioninhinderingordefendingagainstan anyamendmentoforadditiontosuchlaw, actualorexpectedattack,byany includingtheFairandAccurateCredit government,sovereignorotherauthority TransactionAct(FACTA);or usingmilitarypersonnelorotheragents; (4)Anyfederal,stateorlocalstatute, or ordinanceorregulation,otherthanthe (3)Insurrection,rebellion,revolution,usurped TCPAorCAN-SPAMActof2003orFCRA power,oractiontakenbygovernmental andtheiramendmentsandadditions,that authorityinhinderingordefendingagainst addresses,prohibitsorlimitstheprinting, anyofthese. dissemination,disposal,collecting, recording,sending,transmitting, p.InternetAdvertisementsAndContentOf communicatingordistributionofmaterial Others orinformation. Page8of21HG00010916 informationoranyothertypeofnonpublic u.Employment-RelatedPractices information. "Personalandadvertisinginjury"to: Thisexclusionappliesevenifdamagesare (1)Apersonarisingoutofany"employmentÎ claimedfornotificationcosts,credit relatedpractices";or monitoringexpenses,forensicexpenses, (2)Thespouse,child,parent,brotherorsister publicrelationsexpensesoranyotherloss, ofthatpersonasaconsequenceof costorexpenseincurredbyyouorothers "personalandadvertisinginjury"tothat arisingoutofanyaccesstoordisclosureof anyperson'sororganization'sconfidentialor personatwhomany"employment-related personalinformation. practices"aredirected. COVERAGECMEDICALPAYMENTS Thisexclusionapplies: 1.InsuringAgreement (1)Whethertheinjury-causingevent describedinthedefinitionof"employment- a.Wewillpaymedicalexpensesasdescribed relatedpractices"occursbefore belowfor"bodilyinjury"causedbyan employment,duringemploymentorafter accident: employmentofthatperson; (1)Onpremisesyouownorrent; (2)Whethertheinsuredmaybeliableasan (2)Onwaysnexttopremisesyouownor employerorinanyothercapacity;and rent;or (3)Toanyobligationtosharedamageswith (3)Becauseofyouroperations; orrepaysomeoneelsewhomustpay providedthat: damagesbecauseoftheinjury. (1)Theaccidenttakesplaceinthe"coverage v.Asbestos territory"andduringthepolicyperiod; (1)"Personalandadvertisinginjury"arising (2)Theexpensesareincurredandreported outofthe"asbestoshazard". touswithinthreeyearsofthedateofthe (2)Anydamages,judgments,settlements, accident;and loss,costsorexpensesthat: (3)Theinjuredpersonsubmitsto (a)Maybeawardedorincurredbyreason examination,atourexpense,by ofanyclaimorsuitallegingactualor physiciansofourchoiceasoftenaswe threatenedinjuryordamageofany reasonablyrequire. natureorkindtopersonsorproperty b.Wewillmakethesepaymentsregardlessof whichwouldnothaveoccurredin fault.Thesepaymentswillnotexceedthe wholeorinpartbutforthe"asbestos applicablelimitofinsurance.Wewillpay hazard"; reasonableexpensesfor: (b)Ariseoutofanyrequest,demand, (1)Firstaidadministeredatthetimeofan orderorstatutoryorregulatory accident; requirementthatanyinsuredorothers testfor,monitor,cleanup,remove, (2)Necessarymedical,surgical,X-rayand encapsulate,contain,treat,detoxifyor dentalservices,includingprosthetic neutralizeorinanywayrespondtoor devices;and assesstheeffectsofan"asbestos (3)Necessaryambulance,hospital, hazard";or professionalnursingandfuneralservices. (c)Ariseoutofanyclaimorsuitfor 2.Exclusions damagesbecauseoftestingfor, Wewillnotpayexpensesfor"bodilyinjury": monitoring,cleaningup,removing, encapsulating,containing,treating, a.AnyInsured detoxifyingorneutralizingorinany Toanyinsured,except"volunteerworkers". wayrespondingtoorassessingthe b.HiredPerson effectsofan"asbestoshazard". Toapersonhiredtodoworkfororonbehalf w.AccessOrDisclosureOfConfidentialOr ofanyinsuredoratenantofanyinsured. PersonalInformation c.InjuryOnNormallyOccupiedPremises "Personalandadvertisinginjury"arisingoutof anyaccesstoordisclosureofanyperson'sor Toapersoninjuredonthatpartofpremises organization'sconfidentialorpersonal youownorrentthatthepersonnormally information,includingpatents,tradesecrets, occupies. processingmethods,customerlists,financial d.WorkersCompensationAndSimilarLaws information,creditcardinformation,health Toaperson,whetherornotan"employee"of HG00010916Page9of21 anyinsured,ifbenefitsforthe"bodilyinjury"are partytothe"suit",wewilldefendthatindemnitee payableormustbeprovidedunderaworkers'ifallofthefollowingconditionsaremet: compensationordisabilitybenefitslawora a.The"suit"againsttheindemniteeseeks similarlaw. damagesforwhichtheinsuredhasassumed e.AthleticsActivities theliabilityoftheindemniteeinacontractor agreementthatisan"insuredcontract"; Toapersoninjuredwhilepracticing, instructingorparticipatinginanyphysical b.Thisinsuranceappliestosuchliability exercisesorgames,sports,orathletic assumedbytheinsured; contests. c.Theobligationtodefend,orthecostofthe f.Products-CompletedOperationsHazard defenseof,thatindemnitee,hasalsobeen assumedbytheinsuredinthesame"insured Includedwithinthe"products-completed contract"; operationshazard". d.Theallegationsinthe"suit"andthe g.CoverageAExclusions informationweknowaboutthe"occurrence" ExcludedunderCoverage A. aresuchthatnoconflictappearstoexist SUPPLEMENTARYPAYMENTSÎCOVERAGES betweentheinterestsoftheinsuredandthe AANDB interestsoftheindemnitee; 1.Wewillpay,withrespecttoanyclaimwe e.Theindemniteeandtheinsuredaskusto investigateorsettle,orany"suit"againstan conductandcontrolthedefenseofthat insuredwedefend: indemniteeagainstsuch"suit"andagreethat wecanassignthesamecounseltodefend a.Allexpensesweincur. theinsuredandtheindemnitee;and b.Upto$1,000forcostofbailbondsrequired f.Theindemnitee: becauseofaccidentsortrafficlawviolations arisingoutoftheuseofanyvehicletowhich (1)Agreesinwritingto: theBodilyInjuryLiabilityCoverageapplies. (a)Cooperatewithusintheinvestigation, Wedonothavetofurnishthesebonds. settlementordefenseofthe"suit"; c.Thecostofappealbondsorbondstorelease (b)Immediatelysenduscopiesofany attachments,butonlyforbondamounts demands,notices,summonsesorlegal withintheapplicablelimitofinsurance.Wedo papersreceivedinconnectionwiththe nothavetofurnishthesebonds. "suit"; d.Allreasonableexpensesincurredbythe (c)Notifyanyotherinsurerwhose insuredatourrequesttoassistusinthe coverageisavailabletothe investigationordefenseoftheclaimor"suit", indemnitee;and includingactuallossofearningsupto$500a (d)Cooperatewithuswithrespectto daybecauseoftimeofffromwork. coordinatingotherapplicable e.Allcourtcoststaxedagainsttheinsuredin insuranceavailabletotheindemnitee; the"suit".However,suchcostsdonot and includeattorneys'fees,attorneys'expenses, (2)Providesuswithwrittenauthorizationto: witnessorexpertfees,oranyotherexpenses ofapartytaxedtotheinsured.(a)Obtainrecordsandotherinformation relatedtothe"suit";and f.Prejudgmentinterestawardedagainstthe insuredonthatpartofthejudgmentwepay.If(b)Conductandcontrolthedefenseofthe wemakeanoffertopaytheapplicablelimitofindemniteeinsuch"suit". insurance,wewillnotpayanyprejudgment Solongastheaboveconditionsaremet, interestbasedonthatperiodoftimeafterthe attorneys'feesincurredbyusinthedefenseof offer. thatindemnitee, g.Allinterestonthefullamountofanyjudgment necessarylitigationexpensesincurredbyusand thataccruesafterentryofthejudgmentandnecessarylitigationexpensesincurredbythe beforewehavepaid,offeredtopay,orindemniteeatourrequestwillbepaidas depositedincourtthepartofthejudgmentSupplementaryPayments.Notwithstandingthe thatiswithintheapplicablelimitofinsurance.provisionsofParagraph 2.b.(2)ofSection I Î Coverage A ÎBodilyInjuryAndProperty Thesepaymentswillnotreducethelimitsof DamageLiability,suchpaymentswillnotbe insurance. deemedtobedamagesfor"bodilyinjury"and 2.Ifwedefendaninsuredagainsta"suit"andan "propertydamage"andwillnotreducethelimits indemniteeoftheinsuredisalsonamedasa ofinsurance. Page10of21HG00010916 Ourobligationtodefendaninsured'sindemnitee liabilitycompany),toaco-"employee" andtopayforattorneys'feesandnecessarywhileinthecourseofhisorher litigationexpensesasSupplementaryPayments employmentorperformingduties endswhen: relatedtotheconductofyour business,ortoyourother"volunteer a.Wehaveuseduptheapplicablelimitof workers"whileperformingduties insuranceinthepaymentofjudgmentsor relatedtotheconductofyour settlements;or business; b.Theconditionssetforthabove,orthetermsof (b)Tothespouse,child,parent,brotheror theagreementdescribedinParagraph f. sisterofthatco-"employee"orthat above,arenolongermet. "volunteerworker"asaconsequence SECTIONIIÎWHOISANINSUREDSECTIONIIÎWHOISANINSURED ofParagraph(1)(a)above; 1.IfyouaredesignatedintheDeclarationsas: (c)Forwhichthereisanyobligationto a.Anindividual,youandyourspouseare sharedamageswithorrepaysomeone insureds,butonlywithrespecttotheconduct elsewhomustpaydamagesbecause ofabusinessofwhichyouarethesole oftheinjurydescribedinParagraphs owner. (1)(a)or(1)(b)above;or b.Apartnershiporjointventure,youarean (d)Arisingoutofhisorherprovidingor insured.Yourmembers,yourpartners,and failingtoprovideprofessionalhealth theirspousesarealsoinsureds,butonlywith careservices. respecttotheconductofyourbusiness. Ifyouarenotinthebusinessofproviding c.Alimitedliabilitycompany,youarean professionalhealthcareservices: insured.Yourmembersarealsoinsureds,but (a)Subparagraphs(1)(a),(1)(b)and(1)(c) onlywithrespecttotheconductofyour abovedonotapplytoany"employee" business.Yourmanagersareinsureds,but or"volunteerworker"providingfirstaid onlywithrespecttotheirdutiesasyour services;and managers. (b)Subparagraph(1)(d)abovedoesnot d.Anorganizationotherthanapartnership,joint applytoanynurse,emergencymedical ventureorlimitedliabilitycompany,youare technicianorparamedicemployedby aninsured.Your"executiveofficers"and youtoprovidesuchservices. directorsareinsureds,butonlywithrespectto (2)"Propertydamage"toproperty: theirdutiesasyourofficersordirectors.Your )Owned,occupiedorusedby, stockholdersarealsoinsureds,butonlywith(a respecttotheirliabilityasstockholders. (b)Rentedto,inthecare,custodyor e.Atrust,youareaninsured.Yourtrusteesare controlof,oroverwhichphysical alsoinsureds,butonlywithrespecttotheircontrolisbeingexercisedforany dutiesastrustees.purposeby 2.Eachofthefollowingisalsoaninsured: you,anyofyour"employees","volunteer workers",anypartnerormember(ifyou a.EmployeesAndVolunteerWorkers areapartnershiporjointventure),orany Your"volunteerworkers"onlywhile member(ifyouarealimitedliability performingdutiesrelatedtotheconductof company). yourbusiness,oryour"employees",other b.RealEstateManager thaneitheryour"executiveofficers"(ifyouare anorganizationotherthanapartnership,jointAnyperson(otherthanyour"employee"or ventureorlimitedliabilitycompany)oryour"volunteerworker"),oranyorganizationwhile managers(ifyouarealimitedliabilityactingasyourrealestatemanager. company),butonlyforactswithinthescope c.TemporaryCustodiansOfYourProperty oftheiremploymentbyyouorwhile Anypersonororganizationhavingproper performingdutiesrelatedtotheconductof temporarycustodyofyourpropertyifyoudie, yourbusiness. butonly: However,noneofthese"employees"or (1)Withrespecttoliabilityarisingoutofthe "volunteerworkers"areinsuredsfor: maintenanceoruseofthatproperty;and (1)"Bodilyinjury"or"personalandadvertising (2)Untilyourlegalrepresentativehasbeen injury": appointed. (a)Toyou,toyourpartnersormembers(if d.LegalRepresentativeIfYouDie youareapartnershiporjointventure), Yourlegalrepresentativeifyoudie,butonly toyourmembers(ifyouarealimited HG00010916Page11of21 withrespecttodutiesassuch.That AdditionalInsuredsWhenRequiredqByy 5.AdditionalInsuredsWhenRequiredBy WrittenContract,WrittenAgreementOr representativewillhaveallyourrightsand WrittenContract,WrittenAgreementOr dutiesunderthisCoveragePart.PermitPermit e.UnnamedSubsidiary Thefollowingperson(s)ororganization(s)arean additionalinsuredwhenyouhaveagreed,ina Anysubsidiary,andsubsidiarythereof,of writtencontract,writtenagreementorbecauseof yourswhichisalegallyincorporatedentityof apermitissuedbyastateorpoliticalsubdivision, whichyouownafinancialinterestofmore thatsuchpersonororganizationbeaddedasan than50%ofthevotingstockontheeffective additionalinsuredonyourpolicy,providedthe dateoftheCoveragePart. injuryordamageoccurssubsequenttothe Theinsuranceaffordedhereinforany executionofthecontractoragreement. subsidiarynotnamedinthisCoveragePart Apersonororganizationisanadditionalinsured asanamedinsureddoesnotapplytoinjury underthisprovisiononlyforthatperiodoftime ordamagewithrespecttowhichsuchinsured requiredbythecontractoragreement. isalsoanamedinsuredunderanotherpolicy orwouldbeanamedinsuredundersuch However,nosuchpersonororganizationisan policybutforitsterminationortheexhaustion insuredunderthisprovisionifsuchpersonor ofitslimitsofinsurance. organizationisincludedasaninsuredbyan endorsementissuedbyusandmadeapartof 3.NewlyAcquiredOrFormedOrganization thisCoveragePart. Anyorganizationyounewlyacquireorform, a.Vendors otherthanapartnership,jointventureorlimited liabilitycompany,andoverwhichyoumaintainAnyperson(s)ororganization(s)(referredto financialinterestofmorethan50%ofthevotingbelowasvendor),butonlywithrespectto stock,willqualifyasaNamedInsuredifthereis"bodilyinjury"or"propertydamage"arising noothersimilarinsuranceavailabletothatoutof"yourproducts"whicharedistributedor organization.However:soldintheregularcourseofthevendor's businessandonlyifthisCoveragePart a.Coverageunderthisprovisionisaffordedonly providescoveragefor"bodilyinjury"or untilthe180thdayafteryouacquireorform "propertydamage"includedwithinthe theorganizationortheendofthepolicy "products-completedoperationshazard". period,whicheverisearlier; (1)Theinsuranceaffordedthevendoris b.Coverage A doesnotapplyto"bodilyinjury" subjecttothefollowingadditional or"propertydamage"thatoccurredbefore exclusions: youacquiredorformedtheorganization;and Thisinsurancedoesnotapplyto: c.Coverage B doesnotapplyto"personaland advertisinginjury"arisingoutofanoffense(a)"Bodilyinjury"or"propertydamage"for committedbeforeyouacquiredorformedthe whichthevendorisobligatedtopay organization. damagesbyreasonoftheassumption ofliabilityinacontractoragreement. 4.NonownedWatercraft Thisexclusiondoesnotapplyto Withrespecttowatercraftyoudonotownthatis liabilityfordamagesthatthevendor lessthan51feetlongandisnotbeingusedto wouldhaveintheabsenceofthe carrypersonsforacharge,anypersonisan contractoragreement; insuredwhileoperatingsuchwatercraftwithyour (b)Anyexpresswarrantyunauthorizedby permission.Anyotherpersonororganization you; responsiblefortheconductofsuchpersonis alsoaninsured,butonlywithrespecttoliability(c)Anyphysicalorchemicalchangeinthe arisingoutoftheoperationofthewatercraft,and productmadeintentionallybythe onlyifnootherinsuranceofanykindisavailable vendor; tothatpersonororganizationforthisliability. (d)Repackaging,exceptwhenunpacked However,nopersonororganizationisaninsured solelyforthepurposeofinspection, withrespectto:demonstration,testing,orthe substitutionofpartsunderinstructions a."Bodilyinjury"toaco-"employee"ofthe fromthemanufacturer,andthen personoperatingthewatercraft;or repackagedintheoriginalcontainer; b."Propertydamage"topropertyownedby, (e)Anyfailuretomakesuchinspections, rentedto,inthechargeoforoccupiedbyyou adjustments,testsorservicingasthe ortheemployerofanypersonwhoisan vendorhasagreedtomakeornormally insuredunderthisprovision. Page12of21HG00010916 undertakestomakeintheusual Thisinsurancedoesnotapplyto: courseofbusiness,inconnectionwith 1.Any"occurrence"whichtakesplaceafter thedistributionorsaleoftheproducts; youceasetoleasethatland;or (f)Demonstration,installation,servicing 2.Structuralalterations,newconstructionor orrepairoperations,exceptsuch demolitionoperationsperformedbyoron operationsperformedatthevendor's behalfofsuchpersonororganization. premisesinconnectionwiththesaleof d.Architects,EngineersOrSurveyors theproduct; Anyarchitect,engineer,orsurveyor,butonly (g)Productswhich,afterdistributionor withrespecttoliabilityfor"bodilyinjury", salebyyou,havebeenlabeledor "propertydamage"or"personaland relabeledorusedasacontainer,part advertisinginjury"caused,inwholeorinpart, oringredientofanyotherthingor byyouractsoromissionsortheactsor substancebyorforthevendor;or omissionsofthoseactingonyourbehalf: (h)"Bodilyinjury"or"propertydamage" (1)Inconnectionwithyourpremises;or arisingoutofthesolenegligenceofthe (2)Intheperformanceofyourongoing vendorforitsownactsoromissionsor operationsperformedbyyouoronyour thoseofitsemployeesoranyoneelse behalf. actingonitsbehalf.However,this exclusiondoesnotapplyto: Withrespecttotheinsuranceaffordedthese additionalinsureds,thefollowingadditional (i)TheexceptionscontainedinSub- exclusionapplies: paragraphs(d)or(f);or Thisinsurancedoesnotapplyto"bodily (ii)Suchinspections,adjustments, injury","propertydamage"or"personaland testsorservicingasthevendorhas advertisinginjury"arisingoutoftherendering agreedtomakeornormally oforthefailuretorenderanyprofessional undertakestomakeintheusual servicesbyorforyou,including: courseofbusiness,inconnection withthedistributionorsaleofthe 1.Thepreparing,approving,orfailingto products. prepareorapprove,maps,shopdrawings, opinions,reports,surveys,fieldorders, (2)Thisinsurancedoesnotapplytoany changeordersordrawingsand insuredpersonororganization,from specifications;or whomyouhaveacquiredsuchproducts, oranyingredient,partorcontainer, 2.Supervisory,inspection,architecturalor enteringinto,accompanyingorcontaining engineeringactivities. suchproducts. Thisexclusionapplieseveniftheclaims b.LessorsOfEquipment againstanyinsuredallegenegligenceor otherwrongdoinginthesupervision,hiring, (1)Anyperson(s)ororganization(s)from employment,trainingormonitoringofothers whomyouleaseequipment;butonlywith bythatinsured,ifthe"occurrence"which respecttotheirliabilityfor"bodilyinjury", causedthe"bodilyinjury"or"property "propertydamage"or"personaland damage",ortheoffensewhichcausedthe advertisinginjury"caused,inwholeorin "personalandadvertisinginjury",involvedthe part,byyourmaintenance,operationor renderingoforthefailuretorenderany useofequipmentleasedtoyoubysuch professionalservicesbyorforyou. person(s)ororganization(s). e.PermitsIssuedByStateOrPolitical (2)Withrespecttotheinsuranceaffordedto Subdivisions theseadditionalinsuredsthisinsurance doesnotapplytoany"occurrence"which Anystateorpoliticalsubdivision,butonlywith takesplaceaftertheequipmentlease respecttooperationsperformedbyyouoron expires. yourbehalfforwhichthestateorpolitical subdivisionhasissuedapermit. c.LessorsOfLandOrPremises Withrespecttotheinsuranceaffordedthese Anypersonororganizationfromwhomyou additionalinsureds,thisinsurancedoesnot leaselandorpremises,butonlywithrespect applyto: toliabilityarisingoutoftheownership, maintenanceoruseofthatpartofthelandor (1)"Bodilyinjury","propertydamage"or premisesleasedtoyou. "personalandadvertisinginjury"arising outofoperationsperformedforthestate Withrespecttotheinsuranceaffordedthese ormunicipality;or additionalinsuredsthefollowingadditional exclusionsapply: HG00010916Page13of21 (2)"Bodilyinjury"or"propertydamage" bythatinsured,ifthe"occurrence"which includedwithinthe"products-completedcausedthe"bodilyinjury"or"property operationshazard". damage",ortheoffensewhichcausedthe "personalandadvertisinginjury",involvedthe f.AnyOtherPartyAnyOtherParty renderingoforthefailuretorenderany Anyotherpersonororganizationwhoisnot professionalservicesbyorforyou. anadditionalinsuredunderParagraphs a. Thelimitsofinsurancethatapplytoadditional through e.above,butonlywithrespectto insuredsisdescribedinSection III ÎLimitsOf liabilityfor"bodilyinjury","propertydamage" Insurance. or"personalandadvertisinginjury"caused,in wholeorinpart,byyouractsoromissionsorHowthisinsuranceapplieswhenotherinsurance theactsoromissionsofthoseactingonyourisavailabletotheadditionalinsuredisdescribed behalf:intheOtherInsuranceConditioninSection IV Î CommercialGeneralLiabilityConditions. (1)IntheperformanceofyourongoingIntheperformanceofyourongoingp operations;operations;Nopersonororganizationisaninsuredwithrespect totheconductofanycurrentorpastpartnership, (2)(2)InconnectionwithyourpremisesownedInconnectionwithyourpremisesownedy jointventureorlimitedliabilitycompanythatisnot byorrentedtoyou;orbyorrentedtoyou;or shownasaNamedInsuredintheDeclarations. (3)(3)Inconnectionwith"yourwork"andInconnectionwith"yourywork"and SECTIONIIIÎLIMITSOFINSURANCE includedwithinthe"products-completedincludedwithinthe"products-completedp operationshazard",butonlyifoperationshazard",butonlyif 1.TheMostWeWillPay (a)(a)ThewrittencontractoragreementThewrittencontractoragreementg TheLimitsofInsuranceshowninthe requiresyoutoprovidesuchcoveragerequiresyoutoprovidesuchcoverageqypDeclarationsandtherulesbelowfixthemostwe tosuchadditionalinsured;andtosuchadditionalinsured;andwillpayregardlessofthenumberof: (b)(b)ThisCoveragePartprovidescoverageThisCoveraggpgePartprovidescoverage a.Insureds; for"bodilyinjury"or"propertydamage"for"bodilyinjury"or"propertydamage"jyppyg b.Claimsmadeor"suits"brought;or includedwithinthe"products-includedwithinthe"products-p c.Personsororganizationsmakingclaimsor completedoperationshazard".completedoperationshazard". bringing"suits". However: 2.GeneralAggregateLimit (1)Theinsuranceaffordedtosuchadditional TheGeneralAggregateLimitisthemostwewill insuredonlyappliestotheextent payforthesumof: permittedbylaw;and a.MedicalexpensesunderCoverage C; (2)Ifcoverageprovidedtotheadditional b.DamagesunderCoverage A,except insuredisrequiredbyacontractor damagesbecauseof"bodilyinjury"or agreement,theinsuranceaffordedtosuch "propertydamage"includedinthe"products- additionalinsuredwillnotbebroaderthan completedoperationshazard";and thatwhichyouarerequiredbythecontract oragreementtoprovideforsuch c.DamagesunderCoverage B. additionalinsured. 3.Products-CompletedOperationsAggregate Withrespecttotheinsuranceaffordedto Limit theseadditionalinsureds,thisinsurancedoes TheProducts-CompletedOperationsAggregate notapplyto: LimitisthemostwewillpayunderCoverage A "Bodilyinjury","propertydamage"or fordamagesbecauseof"bodilyinjury"and "personalandadvertisinginjury"arisingoutof "propertydamage"includedinthe"products- therenderingof,orthefailuretorender,any completedoperationshazard". professionalarchitectural,engineeringor 4.PersonalAndAdvertisingInjuryLimit surveyingservices,including: Subjectto 2.above,thePersonaland (1)Thepreparing,approving,orfailingto AdvertisingInjuryLimitisthemostwewillpay prepareorapprove,maps,shopdrawings, underCoverage B forthesumofalldamages opinions,reports,surveys,fieldorders, becauseofall"personalandadvertisinginjury" changeordersordrawingsand sustainedbyanyonepersonororganization. specifications;or 5.EachOccurrenceLimit (2)Supervisory,inspection,architecturalor Subjectto 2.or 3.above,whicheverapplies,the engineeringactivities. EachOccurrenceLimitisthemostwewillpayfor Thisexclusionapplieseveniftheclaims thesumof: againstanyinsuredallegenegligenceor a.DamagesunderCoverage A;and otherwrongdoinginthesupervision,hiring, employment,trainingormonitoringofothers Page14of21HG00010916 b.MedicalexpensesunderCoverage C a.NoticeOfOccurrenceOrOffense becauseofall"bodilyinjury"and"property Youoranyadditionalinsuredmustseetoit damage"arisingoutofanyone"occurrence". thatwearenotifiedassoonaspracticableof an"occurrence"oranoffensewhichmay 6.DamageToPremisesRentedToYouLimit resultinaclaim.Totheextentpossible, Subjectto 5.above,theDamageToPremises noticeshouldinclude: RentedToYouLimitisthemostwewillpay (1)How,whenandwherethe"occurrence"or underCoverage A fordamagesbecauseof offensetookplace; "propertydamage"toanyonepremises,while rentedtoyou,orinthecaseofdamagebyfire,(2)Thenamesandaddressesofanyinjured lightningorexplosion,whilerentedtoyouorpersonsandwitnesses;and temporarilyoccupiedbyyouwithpermissionof (3)Thenatureandlocationofanyinjuryor theowner. damagearisingoutofthe"occurrence"or Inthecaseofdamagebyfire,lightningoroffense. explosion,theDamagetoPremisesRentedTo b.NoticeOfClaim YouLimitappliestoalldamageproximately Ifaclaimismadeor"suit"isbroughtagainst causedbythesameevent,whethersuch anyinsured,youoranyadditionalinsured damageresultsfromfire,lightningorexplosion must: oranycombinationofthese. (1)Immediatelyrecordthespecificsofthe 7.MedicalExpenseLimit claimor"suit"andthedatereceived;and Subjectto 5.above,theMedicalExpenseLimitis (2)Notifyusassoonaspracticable. themostwewillpayunderCoverage C forall Youoranyadditionalinsuredmustseetoit medicalexpensesbecauseof"bodilyinjury" thatwereceivewrittennoticeoftheclaimor sustainedbyanyoneperson. "suit"assoonaspracticable. 8.HowLimitsApplyToAdditionalInsureds c.AssistanceAndCooperationOfThe Ifyouhaveagreedinawrittencontractorwritten Insured agreementthatanotherpersonororganization Youandanyotherinvolvedinsuredmust: be addedasanadditionalinsuredonyourpolicy, (1)Immediatelysenduscopiesofany themostwewillpayonbehalfofsuchadditional demands,notices,summonsesorlegal insuredisthelesserof: papersreceivedinconnectionwiththe claimor"suit"; a.Thelimitsofinsurancespecifiedinthewritten contractorwrittenagreement;or (2)Authorizeustoobtainrecordsandother information; b.TheLimitsofInsuranceshowninthe Declarations. (3)Cooperatewithusintheinvestigationor settlementoftheclaimordefenseagainst Suchamountshallbeapartofandnotin the"suit";and additiontoLimitsofInsuranceshowninthe DeclarationsanddescribedinthisSection. (4)Assistus,uponourrequest,inthe enforcementofanyrightagainstanyperson TheLimitsofInsuranceofthisCoveragePartapply ororganizationwhichmaybeliabletothe separatelytoeachconsecutiveannualperiodandto insuredbecauseofinjuryordamageto anyremainingperiodoflessthan12months, whichthisinsurancemayalsoapply. startingwiththebeginningofthepolicyperiod shownintheDeclarations,unlessthepolicyperiod d.ObligationsAtTheInsuredsOwnCost isextendedafterissuanceforanadditionalperiodof Noinsuredwill,exceptatthatinsured'sown lessthan12months.Inthatcase,theadditional cost,voluntarilymakeapayment,assume periodwillbedeemedpartofthelastpreceding anyobligation,orincuranyexpense,other periodforpurposesofdeterminingtheLimitsof thanforfirstaid,withoutourconsent. Insurance. AdditionalInsuredsOtherInsurance e. SECTIONIVÎCOMMERCIALGENERAL Ifwecoveraclaimor"suit"underthis LIABILITYCONDITIONS CoveragePartthatmayalsobecoveredby 1.Bankruptcy otherinsuranceavailabletoanadditional Bankruptcyorinsolvencyoftheinsuredorofthe insured,suchadditionalinsuredmustsubmit insured'sestatewillnotrelieveusofour suchclaimor"suit"totheotherinsurerfor obligationsunderthisCoveragePart. defenseandindemnity. 2.DutiesInTheEventOfOccurrence,Offense, However,thisprovisiondoesnotapplytothe ClaimOrSuit extentthatyouhaveagreedinawritten HG00010916Page15of21 contractorwrittenagreementthatthis b.ExcessInsurance insuranceisprimaryandnon-contributory Thisinsuranceisexcessoveranyoftheother withtheadditionalinsured'sowninsurance. insurance,whetherprimary,excess, f.KnowledgeOfAnOccurrence,Offense, contingentoronanyotherbasis: ClaimOrSuit (1)YourWork Paragraphs a.and b.applytoyouortoany ThatisFire,ExtendedCoverage,Builder's additionalinsuredonlywhensuch Risk,InstallationRiskorsimilarcoverage "occurrence",offense,claimor"suit"isknown for"yourwork"; to: (2)PremisesRentedToYou (1)Youoranyadditionalinsuredthatisan Thatisfire,lightningorexplosion individual; insuranceforpremisesrentedtoyouor (2)Anypartner,ifyouortheadditional temporarilyoccupiedbyyouwith insuredisapartnership; permissionoftheowner; (3)Anymanager,ifyouortheadditional (3)TenantLiability insuredisalimitedliabilitycompany; Thatisinsurancepurchasedbyyouto (4)Any"executiveofficer"orinsurance coveryourliabilityasatenantfor manager,ifyouortheadditionalinsuredis "propertydamage"topremisesrentedto acorporation; youortemporarilyoccupiedbyyouwith (5)Anytrustee,ifyouortheadditional permissionoftheowner; insuredisatrust;or (4)Aircraft,AutoOrWatercraft (6)Anyelectedorappointedofficial,ifyouor Ifthelossarisesoutofthemaintenanceor theadditionalinsuredisapolitical useofaircraft,"autos"orwatercrafttothe subdivisionorpublicentity. extentnotsubjecttoExclusiong.of ThisdutyappliesseparatelytoyouandanySection I ÎCoverageAÎBodilyInjury additionalinsured.AndPropertyDamageLiability; 3.LegalActionAgainstUs(5)PropertyDamageToBorrowed EquipmentOrUseOfElevators Nopersonororganizationhasarightunderthis CoveragePart: Ifthelossarisesoutof"propertydamage" toborrowedequipmentortheuseof a.Tojoinusasapartyorotherwisebringus elevatorstotheextentnotsubjectto intoa"suit"askingfordamagesfroman Exclusion j.ofSection I-Coverage A- insured;or BodilyInjuryAndPropertyDamage b.TosueusonthisCoveragePartunlessallof Liability; itstermshavebeenfullycompliedwith. 6)WhenYouAreAddedAsAnAdditional ( Apersonororganizationmaysueustorecover InsuredToOtherInsurance onanagreedsettlementoronafinaljudgment Anyotherinsuranceavailabletoyou againstaninsured;butwewillnotbeliablefor coveringliabilityfordamagesarisingout damagesthatarenotpayableunderthetermsof ofthepremisesoroperations,orproducts thisCoveragePartor andcompletedoperations,forwhichyou thatareinexcessoftheapplicablelimitof havebeenaddedasanadditionalinsured insurance.Anagreedsettlementmeansa bythatinsurance;or settlementandreleaseofliabilitysignedbyus, theinsuredandtheclaimantortheclaimant's(7)WhenYouAddOthersAsAn AdditionalInsuredToThisInsurance legalrepresentative. 4.OtherInsurance Anyotherinsuranceavailabletoan additionalinsured. Ifothervalidandcollectibleinsuranceis availabletotheinsuredforalosswecoverunderHowever,thefollowingprovisionsapplyto Coverages A or B ofthisCoveragePart,our otherinsuranceavailabletoanypersonor obligationsarelimitedasfollows:organizationwhoisanadditionalinsured underthiscoveragepart. a.PrimaryInsurance (a)PrimaryInsuranceWhenRequiredPrimaryInsuranceWhenRequiredy Thisinsuranceisprimaryexceptwhen b. ByContractByContract belowapplies.Ifotherinsuranceisalso primary,wewillsharewithallthatotherThisinsuranceisprimaryifyouhave insurancebythemethoddescribedin c.agreedinawrittencontractorwritten below.agreementthatthisinsurancebe primary.Ifotherinsuranceisalso Page16of21HG00010916 primary,wewillsharewithallthat 5.PremiumAudit otherinsurancebythemethod a.Wewillcomputeallpremiumsforthis describedin c.below. CoveragePartinaccordancewithourrules (b)PrimaryAndNon-ContributoryToPrimaryAndNon-ContributoryToyy andrates. OtherInsuranceWhenRequiredByOtherInsuranceWhenRequiredBy b.PremiumshowninthisCoveragePartas ContractContract advancepremiumisadepositpremiumonly. Ifyouhaveagreedinawritten Atthecloseofeachauditperiodwewill contract,writtenagreement,orpermit computetheearnedpremiumforthatperiod thatthisinsuranceisprimaryandnon-andsendnoticetothefirstNamedInsured. contributorywiththeadditionalTheduedateforauditandretrospective insured'sowninsurance,thisinsurancepremiumsisthedateshownastheduedate isprimaryandwewillnotseekonthebill.Ifthesumoftheadvanceand contributionfromthatotherinsurance.auditpremiumspaidforthepolicyperiodis greaterthantheearnedpremium,wewill Paragraphs(a)and(b)donotapplyto returntheexcesstothefirstNamedInsured. otherinsurancetowhichtheadditional insuredhasbeenaddedasanadditional c.ThefirstNamedInsuredmustkeeprecordsof insured. theinformationweneedforpremium computation,andsenduscopiesatsuch Whenthisinsuranceisexcess,wewillhave timesaswemayrequest. nodutyunderCoverages A or B todefend theinsuredagainstany"suit"ifanyother 6.Representations insurerhasadutytodefendtheinsured a.WhenYouAcceptThisPolicy againstthat"suit".Ifnootherinsurerdefends, Byacceptingthispolicy,youagree: wewillundertaketodoso,butwewillbe (1)ThestatementsintheDeclarationsare entitledtotheinsured'srightsagainstall accurateandcomplete; thoseotherinsurers. (2)Thosestatementsarebasedupon Whenthisinsuranceisexcessoverother representationsyoumadetous;and insurance,wewillpayonlyourshareofthe amountoftheloss,ifany,thatexceedsthe (3)Wehaveissuedthispolicyinreliance sumof: uponyourrepresentations. (1)Thetotalamountthatallsuchother b.UnintentionalFailureToDiscloseHazards insurancewouldpayforthelossinthe Ifunintentionallyyoushouldfailtodiscloseall absenceofthisinsurance;and hazardsrelatingtotheconductofyour (2)Thetotalofalldeductibleandself-insured businessthatexistattheinceptiondateof amountsunderallthatotherinsurance. thisCoveragePart,weshallnotdeny coverageunderthisCoveragePartbecause Wewillsharetheremainingloss,ifany,with ofsuchfailure. anyotherinsurancethatisnotdescribedin thisExcessInsuranceprovisionandwasnot 7.SeparationOfInsureds boughtspecificallytoapplyinexcessofthe ExceptwithrespecttotheLimitsofInsurance, LimitsofInsuranceshownintheDeclarations andanyrightsordutiesspecificallyassignedin ofthisCoveragePart. thisCoverageParttothefirstNamedInsured, c.MethodOfSharing thisinsuranceapplies: Ifalloftheotherinsurancepermits a.AsifeachNamedInsuredweretheonly contributionbyequalshares,wewillfollow NamedInsured;and thismethodalso.Underthisapproacheach b.Separatelytoeachinsuredagainstwhom insurercontributesequalamountsuntilithas claimismadeor"suit"isbrought. paiditsapplicablelimitofinsuranceornone 8.TransferOfRightsOfRecoveryAgainst ofthelossremains,whichevercomesfirst. OthersToUs Ifanyoftheotherinsurancedoesnotpermit a.TransferOfRightsOfRecovery contributionbyequalshares,wewill contributebylimits.Underthismethod,each Iftheinsuredhasrightstorecoverallorpart insurer'sshareisbasedontheratioofits ofanypayment,includingSupplementary applicablelimitofinsurancetothetotal Payments,wehavemadeunderthis applicablelimitsofinsuranceofallinsurers. CoveragePart,thoserightsaretransferredto us.Theinsuredmustdonothingafterlossto HG00010916Page17of21 impairthem.Atourrequest,theinsuredwill othermotorvehicleinsurancelawwhereitis bring"suit"ortransferthoserightstousandlicensedorprincipallygaraged. helpusenforcethem. However,"auto"doesnotinclude"mobile b.WaiverOfRightsOfRecovery(WaiverOfb.WaiverOfRightsOfRecovery(WaiverOfgtsOfRecovery equipment". Subrogation)Subrogation) 5."Bodilyinjury"meansphysical: Iftheinsuredhaswaivedanyrightsof a.Injury; recoveryagainstanypersonororganization b.Sickness;or forallorpartofanypayment,including c.Disease SupplementaryPayments,wehavemade underthisCoveragePart,wealsowaivethat sustainedbyapersonand,ifarisingoutofthe right,providedtheinsuredwaivedtheirrights above,mentalanguishordeathatanytime. ofrecoveryagainstsuchpersonor 6."Coverageterritory"means: organizationinacontract,agreementor a.TheUnitedStatesofAmerica(includingits permitthatwasexecutedpriortotheinjuryor territoriesandpossessions),PuertoRicoand damage. Canada; 9.WhenWeDoNotRenew b.Internationalwatersorairspace,butonlyif IfwedecidenottorenewthisCoveragePart,we theinjuryordamageoccursinthecourseof willmailordelivertothefirstNamedInsured travelortransportationbetweenanyplaces shownintheDeclarationswrittennoticeofthe includedin a.above;or nonrenewalnotlessthan30daysbeforethe c.Allotherpartsoftheworldiftheinjuryor expirationdate. damagearisesoutof: Ifnoticeismailed,proofofmailingwillbe (1)Goodsorproductsmadeorsoldbyyouin sufficientproofofnotice. theterritorydescribedin a.above; SECTIONVÎDEFINITIONS (2)Theactivitiesofapersonwhosehomeis 1."Advertisement"meansthewidespreadpublic intheterritorydescribedin a.above,butis disseminationofinformationorimagesthathas awayforashorttimeonyourbusiness;or thepurposeofinducingthesaleofgoods, ersonalandadvertisinginjury"offenses (3)"P productsorservicesthrough: thattakeplacethroughtheInternetor a.(1)Radio; similarelectronicmeansofcommunication (2)Television; providedtheinsured'sresponsibilitytopay (3)Billboard; damagesisdeterminedintheUnitedStatesof America(includingitsterritoriesandpossessions), (4)Magazine; PuertoRicoorCanada,ina"suit"onthemerits (5)Newspaper;or accordingtothesubstantivelawinsuchterritoryor b.Anyotherpublicationthatisgivenwidespread inasettlementweagreeto. publicdistribution. 7."Employee"includesa"leasedworker". However,"advertisement"doesnotinclude: "Employee"doesnotincludea"temporary a.Thedesign,printedmaterial,informationor worker". imagescontainedin,onoruponthe 8."Employment-RelatedPractices"means: packagingorlabelingofanygoodsor a.Refusaltoemploythatperson; products;or b.Terminationofthatperson'semployment;or b.Aninteractiveconversationbetweenor c.Employment-relatedpractices,policies,acts amongpersonsthroughacomputernetwork. oromissions,suchascoercion,demotion, 2."Advertisingidea"meansanyideaforan evaluation,reassignment,discipline, "advertisement". defamation,harassment,humiliation, 3."Asbestoshazard"meansanexposureor discriminationormaliciousprosecution threatofexposuretotheactualoralleged directedatthatperson. propertiesofasbestosandincludesthemere 9."Executiveofficer"meansapersonholdingany presenceofasbestosinanyform. oftheofficerpositionscreatedbyyourcharter, 4."Auto"means: constitution,by-lawsoranyothersimilar a.Alandmotorvehicle,trailerorsemitrailergoverningdocument. designedfortravelonpublicroads,including 10."Hostilefire"meansonewhichbecomes anyattachedmachineryorequipment;or uncontrollableorbreaksoutfromwhereitwas b.Anyotherlandvehiclethatissubjecttoaintendedtobe. compulsoryorfinancialresponsibilitylawor Page18of21HG00010916 11."Impairedproperty"meanstangibleproperty, (a)Preparing,approving,orfailingto otherthan"yourproduct"or"yourwork",thatprepareorapprove,maps,shop cannotbeusedorislessusefulbecause: drawings,opinions,reports,surveys, fieldorders,changeordersordrawings a.Itincorporates"yourproduct"or"yourwork" andspecifications;or thatisknownorthoughttobedefective, deficient,inadequateordangerous;or(b)Givingdirectionsorinstructions,or failingtogivethem,ifthatisthe b.Youhavefailedtofulfillthetermsofa primarycauseoftheinjuryordamage; contractoragreement; or ifsuchpropertycanberestoredtousebythe (2)Underwhichtheinsured,ifanarchitect, repair,replacement,adjustmentorremovalof engineerorsurveyor,assumesliabilityfor "yourproduct"or"yourwork",oryourfulfillingthe aninjuryordamagearisingoutofthe termsofthecontractoragreement. insured'srenderingorfailuretorender 12."Insuredcontract"means: professionalservices,includingthoselisted a.Acontractforaleaseofpremises.However, in(1)aboveandsupervisory,inspection, thatportionofthecontractforaleaseof architecturalorengineeringactivities. premisesthatindemnifiesanypersonor 13."Leasedworker"meansapersonleasedtoyou organizationfordamagebyfire,lightningor byalaborleasingfirmunderanagreement explosiontopremiseswhilerentedtoyouor betweenyouandthelaborleasingfirm,to temporarilyoccupiedbyyouwithpermission performdutiesrelatedtotheconductofyour oftheownerissubjecttotheDamageto business."Leasedworker"doesnotincludea PremisesRentedToYouLimitdescribedin "temporaryworker". Section III ÎLimitsofInsurance; 14."Loadingorunloading"meansthehandlingof b.Asidetrackagreement; property: c.Anyeasementorlicenseagreement, a.Afteritismovedfromtheplacewhereitis includinganeasementorlicenseagreement acceptedformovementintoorontoan inconnectionwithconstructionordemolition aircraft,watercraftor"auto"; operationsonorwithin50feetofarailroad; b.Whileitisinoronanaircraft,watercraftor d.Anobligation,asrequiredbyordinance,to "auto";or indemnifyamunicipality,exceptinconnection c.Whileitisbeingmovedfromanaircraft, withworkforamunicipality; watercraftor"auto"totheplacewhereitis e.Anelevatormaintenanceagreement; finallydelivered; f.Thatpartofanyothercontractoragreement but"loadingorunloading"doesnotincludethe pertainingtoyourbusiness(includingan movementofpropertybymeansofamechanical indemnificationofamunicipalityinconnection device,otherthanahandtruck,thatisnot withworkperformedforamunicipality)under attachedtotheaircraft,watercraftor"auto". whichyouassumethetortliabilityofanother 15."Mobileequipment"meansanyofthefollowing partytopayfor"bodilyinjury"or"property typesoflandvehicles,includinganyattached damage"toathirdpersonororganization, machineryorequipment: providedthe"bodilyinjury"or"property damage"iscaused,inwholeorinpart,by a.Bulldozers,farmmachinery,forkliftsandother youorbythoseactingonyourbehalf.Torticlesdesignedforuseprincipallyoffpublic veh liabilitymeansaliabilitythatwouldberoads; imposedbylawintheabsenceofany b.Vehiclesmaintainedforusesolelyonornext contractoragreement. topremisesyouownorrent; Paragraph f.includesthatpartofanycontract c.Vehiclesthattraveloncrawlertreads; oragreementthatindemnifiesarailroadfor d.Vehicles,whetherself-propelledornot, "bodilyinjury"or"propertydamage"arising maintainedprimarilytoprovidemobilityto outofconstructionordemolitionoperations, permanentlymounted: within50feetofanyrailroadpropertyand (1)Powercranes,shovels,loaders,diggersor affectinganyrailroadbridgeortrestle,tracks, drills;or road-beds,tunnel,underpassorcrossing. (2)Roadconstructionorresurfacing However,Paragraph f.doesnotincludethat equipmentsuchasgraders,scrapersor partofanycontractoragreement: rollers; (1)Thatindemnifiesanarchitect,engineeror e.Vehiclesnotdescribedin a.,b.,c.or d.above surveyorforinjuryordamagearisingout thatarenotself-propelledandaremaintained of: HG00010916Page19of21 primarilytoprovidemobilitytopermanently e.Oral,writtenorelectronicpublication,inany attachedequipmentofthefollowingtypes:manner,ofmaterialthatviolatesaperson's rightofprivacy; (1)Aircompressors,pumpsandgenerators, includingspraying,welding,building f.Copying,inyour"advertisement",apersonÓs cleaning,geophysicalexploration,lighting ororganizationÓs"advertisingidea"orstyleof andwellservicingequipment;or "advertisement";or (2)Cherrypickersandsimilardevicesusedto g.Infringementofcopyright,slogan,ortitleof raiseorlowerworkers; anyliteraryorartisticwork,inyour "advertisement". f.Vehiclesnotdescribedin a.,b.,c.or d.above maintainedprimarilyforpurposesotherthan 18."Pollutants"meananysolid,liquid,gaseousor thetransportationofpersonsorcargo.thermalirritantorcontaminant,includingsmoke, vapor,soot,fumes,acids,alkalis,chemicalsand However,self-propelledvehicleswiththe waste.Wasteincludesmaterialstoberecycled, followingtypesofpermanentlyattached reconditionedorreclaimed. equipmentarenot"mobileequipment"butwill beconsidered"autos":19."Products-completedoperationshazard": (1)Equipmentdesignedprimarilyfor:a.Includesall"bodilyinjury"and"property damage"occurringawayfrompremisesyou (a)Snowremoval; ownorrentandarisingoutof"yourproduct" (b)Roadmaintenance,butnot or"yourwork"except: constructionorresurfacing;or (1)Productsthatarestillinyourphysical (c)Streetcleaning; possession;or (2)Cherrypickersandsimilardevices (2)Workthathasnotyetbeencompletedor mountedonautomobileortruckchassis abandoned.However,"yourwork"willbe andusedtoraiseorlowerworkers;and deemedcompletedattheearliestofthe (3)Aircompressors,pumpsandgenerators, followingtimes: includingspraying,welding,building (a)Whenalloftheworkcalledforinyour cleaning,geophysicalexploration,lighting contracthasbeencompleted. andwellservicingequipment. (b)Whenalloftheworktobedoneatthe However,"mobileequipment"doesnotinclude jobsitehasbeencompletedifyour anylandvehiclethatissubjecttoacompulsory ntractcallsforworkatmorethan co orfinancialresponsibilitylaworothermotor onejobsite. vehicleinsurancelawwhereitislicensedor (c)Whenthatpartoftheworkdoneata principallygaraged.Landvehiclessubjecttoa jobsitehasbeenputtoitsintended compulsoryorfinancialresponsibilitylaworother usebyanypersonororganization motorvehicleinsurancelawareconsidered otherthananothercontractoror "autos". subcontractorworkingonthesame 16."Occurrence"meansanaccident,including project. continuousorrepeatedexposuretosubstantially Workthatmayneedservice, thesamegeneralharmfulconditions. maintenance,correction,repairor 17."Personalandadvertisinginjury"means replacement,butwhichisotherwise injury,includingconsequential"bodilyinjury", complete,willbetreatedascompleted. arisingoutofoneormoreofthefollowing b.Doesnotinclude"bodilyinjury"or"property offenses: damage"arisingoutof: a.Falsearrest,detentionorimprisonment; (1)Thetransportationofproperty,unlessthe b.Maliciousprosecution; injuryordamagearisesoutofacondition c.Thewrongfulevictionfrom,wrongfulentry inoronavehiclenotownedoroperated into,orinvasionoftherightofprivate byyou,andthatconditionwascreatedby occupancyofaroom,dwellingorpremises the"loadingorunloading"ofthatvehicle thatapersonororganizationoccupies, byanyinsured; committedbyoronbehalfofitsowner, (2)Theexistenceoftools,uninstalled landlordorlessor; equipmentorabandonedorunused d.Oral,writtenorelectronicpublication,inany materials;or manner,ofmaterialthatslandersorlibelsa (3)Productsoroperationsforwhichthe personororganizationordisparagesa classification,listedintheDeclarationsor person'sororganization'sgoods,productsor inapolicySchedule,statesthatproducts- services; Page20of21HG00010916 completedoperationsaresubjecttothe 24."Yourproduct": GeneralAggregateLimit. a.Means: 20."Propertydamage"means: (1)Anygoodsorproducts,otherthanreal a.Physicalinjurytotangibleproperty,includingproperty,manufactured,sold,handled, allresultinglossofuseofthatproperty.Alldistributedordisposedofby: suchlossofuseshallbedeemedtooccurat (a)You; thetimeofthephysicalinjurythatcausedit; (b)Otherstradingunderyourname;or or (c)Apersonororganizationwhose b.Lossofuseoftangiblepropertythatisnot businessorassetsyouhaveacquired; physicallyinjured.Allsuchlossofuseshall and bedeemedtooccuratthetimeofthe (2)Containers(otherthanvehicles), "occurrence"thatcausedit. materials,partsorequipmentfurnishedin Asusedinthisdefinition,computerizedor connectionwithsuchgoodsorproducts. electronicallystoreddata,programsorsoftware b.Includes arenottangibleproperty.Electronicdatameans information,factsorprograms: (1)Warrantiesorrepresentationsmadeat anytimewithrespecttothefitness, a.Storedasoron; quality,durability,performanceoruseof b.Createdorusedon;or "yourproduct";and c.Transmittedtoorfrom; (2)Theprovidingoforfailuretoprovide computersoftware,includingsystemsand warningsorinstructions. applicationssoftware,hardorfloppydisks,CD- c.Doesnotincludevendingmachinesorother ROMS,tapes,drives,cells,dataprocessing propertyrentedtoorlocatedfortheuseof devicesoranyothermediawhichareusedwith othersbutnotsold. electronicallycontrolledequipment. 25."Yourwork": 21."Suit"meansacivilproceedinginwhich a.Means: damagesbecauseof"bodilyinjury","property damage"or"personalandadvertisinginjury"to (1)Workoroperationsperformedbyyouor whichthisinsuranceappliesarealleged."Suit" onyourbehalf;and includes: (2)Materials,partsorequipmentfurnishedin a.Anarbitrationproceedinginwhichsuch connectionwithsuchworkoroperations. damagesareclaimedandtowhichthe b.Includes insuredmustsubmitordoessubmitwithour (1)Warrantiesorrepresentationsmadeat consent;or anytimewithrespecttothefitness, b.Anyotheralternativedisputeresolution quality,durability,performanceoruseof proceedinginwhichsuchdamagesare "yourwork",and claimedandtowhichtheinsuredsubmitswith (2)Theprovidingoforfailuretoprovide ourconsent. warningsorinstructions. 22."Temporaryworker"meansapersonwhois furnishedtoyoutosubstituteforapermanent "employee"onleaveortomeetseasonalor short-termworkloadconditions. 23."Volunteerworker"meansapersonwho a.Isnotyour"employee"; b.Donateshisorherwork; c.Actsatthedirectionofandwithinthescope ofdutiesdeterminedbyyou;and d.Isnotpaidafee,salaryorother compensationbyyouoranyoneelsefortheir workperformedforyou. HG00010916Page21of21 UMBRELLALIABILITYPOLICYPROVISIONS Inthispolicythewords"you"and"your"refertothe the"bodilyinjury"or"propertydamage" NamedInsuredfirstshownintheDeclarationsand occurred,thenanycontinuation,change anyotherpersonororganizationqualifyingasaorresumptionofsuch"bodilyinjury"or NamedInsuredunderthispolicy."We","us"and"propertydamage"duringorafterthe "our"refertothestockinsurancecompanymember"policyperiod"willbedeemedtohave ofTheHartfordFinancialServicesGroupInc.shownbeenknownpriortothe"policyperiod". intheDeclarations. 3."Bodilyinjury"or"propertydamage"willbe Otherwordsandphrasesthatappearinquotationdeemedtohavebeenknowntohave marksalsohavespecialmeaning.Referto occurredattheearliesttimewhenany DEFINITIONS(SectionVII).insuredlistedunderparagraph A.ofSection IIIÎWhoIsAnInsuredorany"employee" INRETURNFORTHEPAYMENTOFTHE authorizedbyyoutogiveorreceivenotice PREMIUM,inrelianceuponthestatementsinthe ofan"occurrence"orclaim: Declarationsmadeaparthereofandsubjecttoallof thetermsofthispolicy,weagreewithyouas a.Reportsall,oranypart,ofthe"bodily follows:injury"or"propertydamage"tousorany otherinsurer; SECTIONI-COVERAGES b.Receivesawrittenorverbaldemandor INSURINGAGREEMENTS claimfordamagesbecauseofthe A.UmbrellaLiabilityInsurance "bodilyinjury"or"propertydamage";or 1.Wewillpaythosesumsthatthe"insured" c.Becomesawarebyanyothermeans becomeslegallyobligatedtopayas that"bodilyinjury"or"propertydamage" "damages"inexcessofthe"underlying hasoccurredorhasbeguntooccur. insurance"orofthe"self-insuredretention" B.Exclusions whenno"underlyinginsurance"applies, becauseof"bodilyinjury","property Thispolicydoesnotapplyto: damage"or"personalandadvertisinginjury" 1.Pollution towhichthisinsuranceappliescausedbyan Anyobligation: "occurrence".But,theamountwewillpay a.Topayforthecostofinvestigation, as"damages"islimitedasdescribedin defenseorsettlementofanyclaimor SectionIVÎLIMITSOFINSURANCE. suitagainstany"insured"allegingactual Nootherobligationorliabilitytopaysumsor orthreatenedinjuryordamageofany performactsorservicesiscoveredunless natureorkindtopersonsorproperty explicitlyprovidedforunder SectionII- whicharisesoutoforwouldnothave INVESTIGATION,DEFENSE, occurredbutforthepollutionhazard;or SETTLEMENT. b.Topayany"damages",judgments, 2.Thisinsuranceappliesto"bodilyinjury", settlements,loss,costsorexpenses "propertydamage"or"personaland thatmaybeawardedorincurred: advertisinginjury"onlyif: i.Byreasonofanysuchclaimorsuit a.The"bodilyinjury","propertydamage"or oranysuchinjuryordamage;or "personalandadvertisinginjury"occurs ii.Incomplyingwithanyaction duringthe"policyperiod";and authorizedbylawandrelatingto b.Priortothe"policyperiod",noinsured suchinjuryordamage. listedunderParagraph A.ofSection III Î Asusedinthisexclusion,pollution WhoIsAnInsuredandno"employee" hazardmeansanactualexposureor authorizedbyyoutogiveorreceivenotice threatofexposuretothecorrosive,toxic ofan"occurrence"orclaim,knewthatthe orotherharmfulpropertiesofanysolid, "bodilyinjury"or"propertydamage"had liquid,gaseousorthermal: occurred,inwholeorinpart.Ifsucha listedinsuredorauthorized"employee" a.Pollutants; knew,priortothe"policyperiod",that b.Contaminants; FormXL00030916Page1of14 ©2016,TheHartford c.Irritants;or (b)Otherwiseinthecourseof transitbyoronbehalfofthe d.Toxicsubstances; "insured";or Including: (c)Beingstored,disposedof, Smoke; treatedorprocessedinor Vapors; uponany"auto"; Soot; (2)Beforethe"pollutants"orany propertyinwhichthe Fumes; "pollutants"arecontainedare Acids; movedfromtheplacewhere Alkalis; theyareacceptedbythe "insured"formovementintoor Chemicals,and ontoany"auto";or Wastematerialsconsistingofor (3)Afterthe"pollutants"orany containinganyoftheforegoing. propertyinwhichthe Wasteincludesmaterialstobe "pollutants"arecontainedare recycled,reconditionedor movedfromany"auto"tothe reclaimed. placewheretheyarefinally EXCEPTION delivered,disposedofor Thisexclusiondoesnotapply: abandonedbythe"insured". a.To"bodilyinjury"toanyofyour Paragraph(1)abovedoesnotapply "employees"arisingoutofandin tofuels,lubricants,fluids,exhaust thecourseoftheiremploymentby gasesorothersimilar"pollutants" you;or thatareneededfororresultfrom thenormalelectrical,hydraulicor b.Toinjuryordamageastowhich mechanicalfunctioningofan"auto", validandcollectible"underlying coveredbythe"underlying insurance"withatleastthe insurance"oritsparts,if: minimumlimitsshowninthe ScheduleofUnderlyingInsurance a.The"pollutants"escape,seep, Policiesisinforceandapplicableto migrate,oraredischargedor the"occurrence".Insuchevent, releaseddirectlyfroman"auto" anycoverageaffordedbythispolicy partdesignedbyits forthe"occurrence"willbesubject manufacturertohold,store, tothepollutionexclusionsofthe receiveordisposeofsuch "underlyinginsurance"andtothe "pollutants";and conditions,limitsandother b.TheÐbodilyinjury,ÓÐproperty provisionsofthispolicy.Intheevent damageÑorÐcoveredpollution that"underlyinginsurance"isnot costorexpenseÑdoesnotarise maintainedwithlimitsofliabilityas outoftheoperationofany setforthintheScheduleof followingequipment: UnderlyingInsurancePolicies, i.Aircompressors,pumpsand coverageunderanyofthe generators,including provisionsofthisexceptiondoesnot spraying,welding,building apply. cleaning,geophysical Exception b.doesnotapplyto: exploration,lightingorwell "Bodilyinjury"or"propertydamage" servicingequipment;and arisingoutoftheactual,allegedor ii.Cherrypickersandsimilar threateneddischarge,dispersal, devicesmountedon seepage,migration,releaseor automobileortruckchassis escapeof"pollutants": andusedtoraiseorlower (1)Thatare,orthatarecontained workers. inanypropertythatis: Paragraphs(2)and(3)abovedonot (a)Beingtransportedortowed applyto"accidents"thatoccuraway by,handled,orhandledfor frompremisesownedbyorrented movementinto,ontoor toan"insured"withrespectto from,any"auto"; "pollutants"notinoruponan"auto" Page2of14FormXL00030916 coveredbythe"underlyingmaintenance,use,entrustmenttoothers, insurance"if:loadingorunloadingofanyaircraft: a.The"pollutants"oranyproperty a.Ownedbyany"insured";or inwhichthe"pollutants"are b.Charteredorloanedtoany"insured". containedareupset,overturned Thisexclusionapplieseveniftheclaims ordamagedasaresultofthe allegenegligenceorotherwrongdoinginthe maintenanceoruseofthe"auto", supervision,hiring,employment,trainingor and monitoringofothersbyaninsured,ifthe b.Thedischarge,dispersal, "occurrence"whichcausedthe"bodily seepage,migration,releaseor injury"or"propertydamage"involvedthe escapeofthe"pollutants"is ownership,maintenance,useorentrustment causeddirectlybysuchupset, toothersofanyaircraftthatisownedor overturnordamage. operatedbyorrentedorloanedtoany 2.WorkersCompensationAndSimilar insured. Laws Thisexclusiondoesnotapplytoaircraftthat Anyobligationoftheinsuredundera is: workers'compensation,disabilitybenefitsor a.Hired,charteredorloanedwithapaid unemploymentcompensationlaworany crew;but similarlaw. b.Notownedbyany"insured". 3.ContractualLiability Thisexclusiondoesnotapplyto"bodily Liabilityassumedbythe"insured"underany injury"toanyofyour"employees"arisingout contractoragreementwithrespecttoan ofandinthecourseoftheiremploymentby "occurrence"takingplacebeforethe you. contractoragreementisexecuted. 7.Watercraft 4.PersonalAndAdvertisingInjury "Bodilyinjury"or"propertydamage"arising Thispolicydoesnotapplyto"personaland outoftheownership,operation, advertisinginjury". maintenance,use,entrustmenttoothers, EXCEPTION loadingorunloadingofanywatercraft. Thisexclusiondoesnotapplytotheextent Thisexclusionapplieseveniftheclaims thatcoverageforsuch"personaland allegenegligenceorotherwrongdoinginthe advertisinginjury"isprovidedby"underlying supervision,hiring,employment,trainingor insurance",butinnoeventshallany monitoringofothersbyaninsured,ifthe "personalandadvertisinginjury"coverage"occurrence"whichcausedthe"bodily providedunderthispolicyapplytoanyclaiminjury"or"propertydamage"involvedthe or"suit"towhich"underlyinginsurance"ownership,maintenance,useorentrustment doesnotapply.toothersofanywatercraftthatisownedor operatedbyorrentedorloanedtoany Anycoveragerestoredbythis EXCEPTION insured. appliesonlytotheextentthatsuchcoverage providedbythe"underlyinginsurance"is Thisexclusiondoesnotapplyto: maintainedhavinglimitsassetforthinthe a.Watercraftyoudonotownthatis: ScheduleofUnderlyingInsurancePolicies. (1)Lessthan51feetlong,and 5.UnderlyingInsurance (2)Notbeingusedtocarrypersonsor Anyinjuryordamage: propertyforacharge; a.Coveredby"underlyinginsurance"but b."Bodilyinjury"toanyofyour foranydefensewhichanyunderlying "employees"arisingoutofandinthe insurermayassertbecauseofthe courseoftheiremploymentbyyou;or "insured's"failuretocomplywithany c.Anywatercraftwhileashoreon conditionofitspolicy;or premisesownedby,rentedtoor b.Forwhich"damages"wouldhavebeen controlledbyyou. payableby"underlyinginsurance"but 8.War fortheactualorallegedinsolvencyor Anyinjuryordamage,howevercaused, financialimpairmentofanunderlying arising,directlyorindirectly,outof: insurer. a.War,includingundeclaredorcivilwar; 6.Aircraft or "Bodilyinjury"or"propertydamage"arising outoftheownership,operation, FormXL00030916Page3of14 b.Warlikeactionbyamilitaryforce, deficiency,inadequacyordangerous includingactioninhinderingorconditioninit. defendingagainstanactualorexpected 14.ExpectedOrIntended attack,byanygovernment,sovereignor "Bodilyinjury"or"propertydamage" otherauthorityusingmilitarypersonnel expectedorintendedfromthestandpointof orotheragents;or the"insured". c.Insurrection,rebellion,revolution, Thisexclusiondoesnotapplyto"bodily usurpedpower,oractiontakenby injury"or"propertydamage"resultingfrom governmentalauthorityinhinderingor theuseofreasonableforcetoprotect defendingagainstanyofthese. personsorproperty. 9.DamageToProperty 15.EmployerLiability "Propertydamage"topropertyyouown. CoverageaffordedanyofyourÐemployeesÑ 10.DamageToYourProduct for"bodilyinjury"or"personaland "Propertydamage"to"yourproduct"arisingadvertisinginjury": outofitoranypartofit. a.Toother"employees"arisingoutofand 11.DamageToYourWork inthecourseoftheiremployment; "Propertydamage"to"yourwork"arisingout b.Tothespouse,child,parent,brotheror ofitoranypartofitandincludedinthe sisterofthat"employee"asa "products-completedoperationshazard". consequenceofsuch"bodilyinjury"to that"employee". Thisexclusiondoesnotapplyifthe damagedworkortheworkoutofwhichthe c.Toyouor,anyofyourpartnersor damageariseswasperformedonyourmembers,(ifyouareapartnership,joint behalfbyasubcontractor.venture),oryourmembers(ifyouarea limitedliabilitycompany);or 12.DamageToImpairedPropertyOr PropertyNotPhysicallyInjured d.Arisingoutoftheprovidingorfailingto provideprofessionalhealthcare "Propertydamage"to"impairedproperty"or services. propertythathasnotbeenphysically injured,arisingoutof:Subparagraphs a.and b.ofthisexclusion apply: a.Adefect,deficiency,inadequacyor dangerousconditionin"yourproduct"or(1)Whetherthe"insured"maybeliableas "yourwork";or anemployerorinanyothercapacity; and b.Adelayorfailurebyyouoranyone actingonyourbehalftoperforma(2)Toanyobligationtoshare"damages" contractoragreementinaccordancewithorrepaysomeoneelsewhomust withitsterms.pay"damages"becauseoftheinjury. Thisexclusiondoesnotapplytolossofuse EXCEPTION ofotherpropertyarisingoutofsuddenand Subparagraphsa.andb.ofthisexclusiondo accidentalphysicalinjuryto"yourproduct" notapplyif"underlyinginsurance"is or"yourwork"afterithasbeenputtoits maintainedprovidingcoverageforsuch intendeduse. liabilitywithminimumunderlyinglimits,as 13.RecallOfProducts,WorkOrImpaired describedintheScheduleofUnderlying Property InsurancePolicies. "Damages"claimedforanyloss,costor 16.PropertyDamageToEmployeeÓs expenseincurredbyyouorothersforthe Property lossofuse,withdrawal,recall,inspection, Coverageaffordedanyofyour"employees" repair,replacement,adjustment,removalor for"propertydamage"topropertyownedor disposalof: occupiedbyorrentedorloanedto: a."Yourproduct"; a.That"employee"; b."Yourwork";or b.Anyofyourother"employees"; c."ImpairedProperty"; c.Anyofyourpartnersormembers(ifyou ifsuchproduct,workorpropertyisareapartnershiporjointventure);or withdrawnorrecalledfromthemarketor d.Anyofyourmembers(ifyouarea fromusebyanypersonororganization limitedliabilitycompany). becauseofaknownorsuspecteddefect, Page4of14FormXL00030916 17.UninsuredOrUnderinsuredMotorists20.Asbestos Anyclaimfor:Anyinjury,damages,loss,costorexpense, includingbutnotlimitedto"bodilyinjury", a.UninsuredorUnderinsuredMotorists "propertydamage"or"personaland Coverage; advertisinginjury"arisingoutof,orrelating b.Personalinjuryprotection; to,inwholeorinpart,the"asbestoshazard" c.Propertyprotection;or that: d.Anysimilarno-faultcoverageby a.Maybeawardedorincurredbyreason whatevernamecalled; ofanyclaimorsuitallegingactualor threatenedinjuryordamageofany Unlessthispolicyisendorsedtoprovide natureorkindtopersonsorproperty suchcoverage. whichwouldnothaveoccurredinwhole 18.EmploymentPracticesLiability orinpartbutforthe"asbestoshazard"; a.Anyinjuryordamageto: or (1)Apersonarisingoutofany: b.Ariseoutofanyrequest,demand,order, orstatutoryorregulatoryrequirement (a)Refusaltoemploythatperson; thatanyinsuredorotherstestfor, (b)TerminationofthatpersonÓs monitor,cleanup,remove,encapsulate, employment;or contain,treat,detoxifyorneutralizeorin (c)Employment-relatedpractices, anywayrespondtoorassessthe policies,actsoromissions,such effectsofany"asbestoshazard";or asbutnotlimitedto:coercion, c.Ariseoutofanyclaimorsuitfor demotion,evaluation, damagesbecauseoftestingfor, reassignment,discipline, monitoring,cleaningup,removing, defamation,harassment, encapsulating,containing,treating, humiliation,discriminationor detoxifyingorneutralizingorinanyway maliciousprosecutiondirected respondingtoorassessingtheeffectsof atthatperson;or an"asbestoshazard". (2)Thespouse,child,parent,brotheror 21.RacingAndStuntingActivities sisterofthatperson,asa "Bodilyinjury"or"propertydamage"arising consequenceofanyinjuryor outoftheownership,operation, damagetothatpersonatwhomany maintenance,use,entrustmenttoothers,or oftheemployment-relatedpractices loadingorunloadingofany"auto"or"mobile describedinparagraphs(a),(b),or equipment"whilebeingusedinany: (c)aboveisdirected. a.Prearrangedororganizedracing,speed Thisexclusionapplies: ordemolitioncontest; i.Whethertheinjury-causingevent b.Stuntingactivity;or describedinpart(1)aboveoccurs beforeemployment,during c.Preparationforanysuchcontestor employmentorafteremploymentof activity. thatperson; 22.AccessOrDisclosureOfConfidentialOr ii.Whetherthe"insured"maybeliable PersonalInformationAndData-related asanemployerorinanyother Liability capacity;and Damagesarisingoutof: iii.Toanyobligationtoshare a.Anyaccesstoordisclosureofany "damages"withorrepaysomeone person'sororganization'sconfidentialor elsewhomustpay"damages" personalinformation,includingpatents, becauseoftheinjury. tradesecrets,processingmethods, 19.EmployeeRetirementIncomeSecurity customerlists,financialinformation, Act creditcardinformation,health informationoranyothertypeof Anyliabilityarisingoutofintentionalor nonpublicinformation;or unintentionalviolationofanyprovisionofthe EmployeeRetirementIncomeSecurityAct b.Thelossof,lossofuseof,damageto, of1974,PublicLaw93-406(commonly corruptionof,inabilitytoaccess,or referredtoastheRevisionActof1974),or inabilitytomanipulateelectronicdata. anyamendmentstothem. Thisexclusionappliesevenifdamagesare claimedfornotificationcosts,credit FormXL00030916Page5of14 monitoringexpenses,forensicexpenses,transmitting,communicatingor publicrelationsexpensesoranyotherloss,distributionofmaterialorinformation. costorexpenseincurredbyyouorothers SECTIONII-INVESTIGATION,DEFENSE, arisingoutofthatwhichisdescribedin SETTLEMENT Paragraph(1)or(2)above. A.Withrespectto"bodilyinjury","property However,unlessParagraph(1)above damage"or"personalandadvertisinginjury"to applies,thisexclusiondoesnotapplyto whichthisinsuranceapplies(whetherornotthe damagesbecauseof"bodilyinjury". "self-insuredretention"applies)and Asusedinthisexclusion,electronicdata 1.Forwhichnocoverageisprovidedunder meansinformation,factsorprogramsstored any"underlyinginsurance";or asoron,createdorusedon,ortransmitted 2.Forwhichtheunderlyinglimitsofany toorfromcomputersoftware,including "underlyinginsurance"policyhavebeen systemsandapplicationssoftware,hardor exhaustedsolelybypaymentsof"damages" floppydisks,CD-ROMS,tapes,drives,cells, becauseof"occurrences"duringthe"policy dataprocessingdevicesoranyothermedia period", whichareusedwithelectronicallycontrolled We: equipment. 1.Willhavetherightandthedutytodefend 23.LimitedUnderlyingCoverage any"suit"againstthe"insured"seeking Anyinjury,damage,loss,costorexpense, "damages"onaccountthereof,evenifsuch includingbutnotlimitedtoÐbodilyinjuryÑ, "suit"isgroundless,falseorfraudulent;but ÐpropertydamageÑorÐpersonaland ourrightanddutytodefendendwhenwe advertisinginjuryÑforwhich: haveuseduptheapplicablelimitof a.anÐunderlyinginsuranceÑpolicyor insuranceinthepaymentofjudgmentsor policiesspecificallyprovidescoverage; settlementsundercoveragesaffordedby but thispolicy; b.becauseofaprovisionwithinthe 2.Maymakesuchinvestigationandsettlement ÐunderlyinginsuranceÑsuchcoverageis ofanyclaimor"suit"aswedeemexpedient; providedatalimitorlimitsofinsurance 3.Willpayallexpensesincurredbyus,all thatarelessthanthelimit(s)forthe courtcoststaxedagainstthe"insured"in ÐunderlyinginsuranceÑpolicyorpolicies any"suit"defendedbyusandallintereston shownontheScheduleofUnderlying theentireamountofanyjudgmenttherein InsurancePolicies. whichaccruesaftertheentryofthe 24.RecordingAndDistributionOfMaterial judgmentandbeforewehavepaidor OrInformationInViolationOfLaw tenderedordepositedincourtthatpartof Anyinjury,damage,loss,costorexpense, thejudgmentwhichdoesnotexceedthe includingbutnotlimitedto"bodilyinjury", applicablelimitofinsurance.However,such "propertydamage",or"personaland costsdonotincludeattorneys'fees, advertisinginjury"arisingdirectlyor attorneys'expenses,witnessorexpertfees, indirectlyoutofanyactionoromissionthat oranyotherexpensesofapartytaxedto violatesorisallegedtoviolate: theinsured; a.TheTelephoneConsumerProtection 4.Willpayallpremiumsonappealbonds Act(TCPA),includinganyamendmentrequiredinanysuch"suit",premiumson oforadditiontosuchlaw;bondstoreleaseattachmentsinanysuch b.TheCAN-SPAMActof2003,including "suit"foranamountnotinexcessofthe anyamendmentoforadditiontosuch applicablelimitofinsurance,andthecostof law; bailbondsrequiredofthe"insured"because c.TheFairCreditReportingAct(FCRA), ofanaccidentortrafficlawviolationarising andanyamendmentoforadditionto outoftheoperationofanyvehicletowhich suchlaw,includingtheFairand thispolicyapplies,butwewillhaveno AccurateCreditTransactionActobligationtoapplyfororfurnishanysuch (FACTA);orbonds; d.Anyfederal,stateorlocalstatute, 5.Willpayallreasonableexpensesincurredby ordinanceorregulation,otherthanthe the"insured"atourrequestinassistingusin TCPA,CAN-SPAMActof2003or theinvestigationordefenseofanyclaimor FCRAandtheiramendmentsand "suit",includingactuallossofearningsnotto additions,thataddresses,prohibitsor exceed$500perdayper"insured"; limitstheprinting,dissemination, andtheamountssoincurred,exceptsettlement disposal,collecting,recording,sending, ofclaimsand"suits,"arenotsubjecttothe"self- Page6of14FormXL00030916 insuredretention"andarepayableinadditiontoorganizationotherthanapartnership,joint anyapplicablelimitofinsurance.ventureorlimitedliabilitycompany)oryour managers(ifyouarealimitedliability The"Insured"agreestoreimburseuspromptly company),butonlyforacts: foramountspaidinsettlementofclaimsor "suits"totheextentthatsuchamountsarewithin a.Withinthescopeoftheiremploymentby the"self-insuredretention". youorwhileperformingdutiesrelatedto theconductofyourbusiness;and B.Youagreetoarrangefortheinvestigation, defenseorsettlementofanyclaimor"suit"in b.Onlyifsuch"volunteerworkers"or anycountrywherewemaybepreventedbylaw "employees"areinsuredsunder fromcarryingoutthisagreement.Wewillpay"underlyinginsurance"withlimitsof defenseexpensesincurredwithourwrittenliabilitynolessthanstatedinthe consentinconnectionwithanysuchclaimorScheduleofUnderlyingInsurance "suit"inadditiontoanyapplicablelimitofPolicies,subjecttoallthecoverage, insurance.Wewillalsopromptlyreimburseyouterms,conditionsandlimitationsofsuch forourpropershare,butsubjecttothe"underlyinginsurance". applicablelimitofinsurance,ofanysettlement 2.AnypersonororganizationwithwhomyouAnypersonororganizationwithwhomyouypgy abovethe"self-insuredretention"madewithour aggreed,becauseofawrittencontract, agreed,becauseofawrittencontract, writtenconsent. writtenaggpreementorbecauseofapermit writtenagreementorbecauseofapermit C.Wewillhavetherighttoassociateatourissuedbyypastateorpoliticalsubdivision,to issuedbyastateorpoliticalsubdivision,to expensewiththe"insured"oranyunderlyingprovideinsurancesuchasisaffordedunderp provideinsurancesuchasisaffordedunder insurerintheinvestigation,defenseorthispolicy,butonlywithrespecttoyourpy,ypy thispolicy,butonlywithrespecttoyour settlementofanyclaimor"suit"whichinouroperations,"yourwork"orfacilitiesownedoroperations,"yourwork"orfacilitiesownedorpy opinionmayrequirepaymenthereunder.Innousedbyyou.usedbyyou. event,however,willwecontributetothecost Thisprovisiondoesnotapply: andexpensesincurredbyanyunderlying a.Unlessthewrittencontractorwritten insurer. agreementhasbeenexecuted,orthe SECTIONIII-WHOISANINSUREDSECTIONIII-WHOISANINSURED permithasbeenissuedpriortothe A.Ifyouaredoingbusinessas: "bodilyinjury,""propertydamage,"or "personalandadvertisinginjury";and 1.Anindividual,youandyourspouseare "insureds",butonlywithrespecttothe b.Unlesslimitsofliabilityspecifiedinsuch conductofabusinessofwhichyouarethe writtencontract,writtenagreementor soleowner. permitisgreaterthanthelimitsshown for"underlyinginsurance";or 2.Apartnershiporjointventure,youarean "insured".Yourmembers,yourpartners,and c.Beyondtheperiodoftimerequiredby theirspousesarealso"insureds",butonly thewrittencontractorwritten withrespecttotheconductofyourbusiness. agreement. 3.Alimitedliabilitycompany,youarean 3.Anypersonororganizationhavingproper "insured".Yourmembersarealso temporarycustodyofyourpropertyifyou "insureds",butonlywithrespecttothe die,butonly: conductofyourbusiness.Yourmanagers a.Withrespecttoliabilityarisingoutofthe are"insureds",butonlywithrespecttotheir maintenanceoruseofthatproperty; dutiesasyourmanagers. and 4.Anorganizationotherthanapartnership, b.Untilyourlegalrepresentativehasbeen jointventureorlimitedliabilitycompany,you appointed. arean"insured".Your"executiveofficers" 4.Yourlegalrepresentativeifyoudie,butonly anddirectorsare"insureds",butonlywith withrespecttohisorherdutiesassuch. respecttotheirdutiesasyourofficersor Thatrepresentativewillhaveallyourrights directors.Yourstockholdersarealso anddutiesunderthispolicy. "insureds",butonlywithrespecttotheir C.Withrespectto"auto",any"insured"inthe liabilityasstockholders. "underlyinginsurance"isan"insured"underthis 5.Atrust,youareanÐinsuredÑ.Yourtrustees insurancepolicy,subjecttoallthelimitationsof arealsoÐinsuredsÑ,butonlywithrespectto ch"underlyinginsurance". su theirdutiesastrustees. D.Anyorganizationyounewlyacquireorform, B.Eachofthefollowingisalsoan"insured": otherthanapartnership,jointventureorlimited 1.Your"volunteerworkers"onlywhile liabilitycompany,andoverwhichyoumaintain performingdutiesrelatedtotheconductof financialinterestofmorethan50%ofthevoting yourbusiness,oryour"employees,"other stock,willqualifyasan"insured"ifthereisno thanyour"executiveofficers"(ifyouarean FormXL00030916Page7of14 othersimilarinsuranceavailabletothat 1.Becauseofinjuryordamageincludedwithin organization.the"products-completedoperationshazard"; However:2.Becauseof"bodilyinjury"bydiseasetoyour "employees"arisingoutofandinthecourse 1.Coverageunderthisprovisionisafforded oftheiremploymentbyyou;and onlyuntilthe180thdayafteryouacquireor formtheorganizationortheendofthe 3.Becauseof"bodilyinjury"and"property "policyperiod",whicheverisearlier; damage"arisingoutoftheownership, operations,maintenance,use,entrustment 2.Thisinsurancedoesnotapplyto"bodily toothers,loadingorunloadingofany"auto". injury"or"propertydamage"thatoccurred beforeyouacquiredorformedthe C.TheLimitofInsurancestatedastheProducts organization;andCompletedOperationsAggregateLimitisthe mostwewillpayfor"damages"becauseof 3.Thisinsurancedoesnotapplyto"personal injuryordamageincludedwithinthe"products- andadvertisinginjury"arisingoutofan completedoperationshazard". offensecommittedbeforeyouacquiredor formedtheorganization.D.TheLimitofInsurancestatedastheBodily InjuryByDiseaseAggregateLimitisthemost E.Eachpersonororganization,notincludedasan wewillpayfor"damages"becauseof"bodily "insured"inParagraphsA.,B.,C.,orD.,whois injury"bydiseasetoyour"employees"arising an"insured"inthe"underlyinginsurance"isan outofandinthecourseoftheiremploymentby "insured"underthisinsurancesubjecttoallthe you. terms,conditionsandlimitationsofsuch "underlyinginsurance".E.Subjectto B.,C.,or D above,whicheverapplies, theEachOccurrenceLimitisthemostwewill Nopersonororganizationisan"insured"with payfor"damages"becauseofall"bodilyinjury", respecttotheconductofanycurrentorpast "propertydamage",and"personaland partnership,jointventureorlimitedliability advertisinginjury"arisingoutofanyone companythatisnotshownasaNamedInsured "occurrence". intheDeclarations. F.Ourobligationsunderthisinsuranceendwhen Withrespecttoanypersonororganizationwho theapplicableLimitofInsuranceavailableis isnotan"insured"under"underlyinginsurance", usedup.Ifwepayanyamountsfor"damages" coverageunderthispolicyshallapplyonlyto inexcessofthatLimitofInsurance,youagreeto lossinexcessoftheamountofthe"underlying reimburseusforsuchamounts. insurance"or"self-insuredretention"applicable toyou.G.TheLimitsofInsuranceofthispolicyapply separatelytoeachconsecutiveannualperiod However,coverageaffordedbyreasonofthe andtoanyremainingperiodoflessthan12 provisionssetforthaboveappliesonlytotheextent: months,startingwiththebeginningofthe"policy (i)Ofthescopeofcoverageprovidedbythe period"shownintheDeclarations.However,if "underlyinginsurance"butinnoeventshall the"policyperiod"isextendedafterissuancefor coveragebebroaderthanthescopeofcoverage anadditionalperiodoflessthan12months,the providedbythispolicyandanyendorsements additionalperiodwillbedeemedpartofthelast attachedhereto;and precedingperiodforthepurposeofdetermining (ii)Thatsuchcoverageprovidedbythe"underlying theLimitsofInsurance. insurance"ismaintainedhavinglimitsasset SECTIONV-NUCLEARENERGYLIABILITY forthintheScheduleofUnderlyingInsurance EXCLUSION(BroadForm) Policies. A.Theinsurancedoesnotapply: SECTIONIV-LIMITSOFINSURANCE 1.To"bodilyinjury"or"propertydamage": A.TheLimitsofInsuranceshowninthe a.Withrespecttowhichan"insured"under Declarationsandtherulesbelowfixthemostwe thepolicyisalsoaninsuredundera willpayregardlessofthenumberof: nuclearenergyliabilitypolicyissuedby 1."Insureds"; NuclearEnergyLiabilityInsurance 2.Claimsmadeor"suits"brought; Association,MutualAtomicEnergy LiabilityUnderwriters,NuclearInsurance 3.Personsororganizationsmakingclaimsor AssociationofCanadaoranyoftheir bringing"suits";or ccessors,orwouldbeaninsured su 4.Coveragesunderwhichdamagesare underanysuchpolicybutforits coveredunderthispolicy. terminationuponexhaustionofitslimit B.TheLimitofInsurancestatedastheGeneral ofliability;or AggregateLimitisthemostwewillpayforthe b.Resultingfromthe"hazardous sumof"damages",otherthan"damages": properties"of"nuclearmaterial"and Page8of14FormXL00030916 withrespecttowhich(a)anypersonorfacility"includedunderthefirsttwoparagraphs organizationisrequiredtomaintainofthedefinitionof"nuclearfacility". financialprotectionpursuanttothe "Nuclearfacility"means: AtomicEnergyActof1954,oranylaw (1)Any"nuclearreactor"; amendatorythereof,or(b)the"insured" (2)Anyequipmentordevicedesignedorused is,orhadthispolicynotbeenissued for(a)separatingtheisotopesofuraniumor wouldbe,entitledtoindemnityfromthe plutonium,(b)processingorutilizing"spent UnitedStatesofAmerica,oranyagency fuel,"or(c)handling,processingor thereof,underanyagreemententered packaging"waste"; intobytheUnitedStatesofAmerica,or anyagencythereof,withanypersonor (3)Anyequipmentordeviceusedforthe organization. processing,fabricatingoralloyingof"special nuclearmaterial"ifatanytimethetotal 2.To"bodilyinjury"or"propertydamage" amountofsuchmaterialinthecustodyof resultingfromthe"hazardousproperties"of the"insured"atthepremiseswheresuch "nuclearmaterial"if: equipmentordeviceislocatedconsistsofor a.The"nuclearmaterial"(a)isatany containsmorethan25gramsofplutonium "nuclearfacility"ownedby,oroperated oruranium233oranycombinationthereof, byoronbehalfof,an"insured"or(b) ormorethan250gramsofuranium235; hasbeendischargedordispersed (4)Anystructure,basin,excavation,premises therefrom; orplacepreparedorusedforthestorageor b.The"nuclearmaterial"iscontainedin disposalof"waste";andincludesthesiteon "spentfuel"or"waste"atanytime whichanyoftheforegoingislocated,all possessed,handled,used,processed, operationsconductedonsuchsiteandall stored,transportedordisposedofbyor premisesusedforsuchoperations; onbehalfofan"insured";or "Nuclearreactor"meansanyapparatus c.The"bodilyinjury"or"propertydamage" designedorusedtosustainnuclearfissionina arisesoutofthefurnishingbyan"insured" self-supportingchainreactionortocontaina ofservices,materials,partsorequipment criticalmassoffissionablematerial; inconnectionwiththeplanning, "Propertydamage"includesallformsof construction,maintenance,operationor radioactivecontaminationofproperty. useofany"nuclearfacility",butifsuch facilityislocatedwithintheUnited SECTIONVI-CONDITIONS StatesofAmerica,itsterritoriesor A.Premium possessionsorCanada,thisexclusion Allpremiumsforthispolicyshallbecomputedin c.appliesonlyto"propertydamage"to accordancewithItem5oftheDeclarations.The such"nuclearfacility"andanyproperty premiumstatedassuchintheDeclarationsisa thereat. depositpremiumonlywhichshallbecreditedto B.Asusedinthisexclusion: theamountofanyearnedpremium.Atthe "Hazardousproperties"includeradioactive,toxic closeofeach"policyperiod",theearned orexplosiveproperties; premiumshallbecomputedforsuchperiod,and uponnoticethereoftotheNamedInsuredfirst "Nuclearmaterial"means"sourcematerial", shownintheDeclarationsshallbecomedueand "specialnuclearmaterial"or"by-product payablebysuchNamedInsured. material"; Ifthetotalearnedpremiumforthe"policy "Sourcematerial","specialnuclearmaterial"and period"islessthanthepremiumpreviouslypaid "by-productmaterial"havethemeaningsgiven andmorethantheminimumpremium,weshall themintheAtomicEnergyActof1954orinany returntosuchNamedInsuredtheunearned lawamendatorythereof; portionpaidbysuchNamedInsured. "Spentfuel"meansanyfuelelementorfuel TheNamedinsuredfirstshowninthe component,solidorliquid,whichhasbeenused Declarationsshallmaintainrecordsofsuch orexposedtoradiationina"nuclearreactor"; informationasisnecessaryforpremium "Waste"meansanywastematerial(a) computation,andshallsendcopiesofsuch containing"by-productmaterial"otherthanthe recordstousattheendofthe"policyperiod" tailingsorwastesproducedbytheextractionor andatsuchtimesduringthe"policyperiod"as concentrationofuraniumorthoriumfromany wemaydirect. oreprocessedprimarilyforits"sourcematerial" B.InspectionAndAudit content,and(b)resultingfromtheoperationby anypersonororganizationofany"nuclear Weshallbepermittedbutnotobligatedto inspectyourpropertyandoperationsatany FormXL00030916Page9of14 time.Neitherourrighttomakeinspections,norexceedtheamountofthe"self-insured themakingthereof,noranyreportthereon,shallretention"or"underlyinginsurance", constituteanundertakingonyourbehalforforwhicheverapplies. yourbenefitorthatofotherstodetermineor 3.Youandanyotherinvolvedinsuredmust: warrantthatsuchpropertyoroperationsare: a.Immediatelysenduscopiesofany 1.Safe; demands,notices,summonsesorlegal 2.Healthful;or papersreceivedinconnectionwiththe claimor"suit"involvingorlikelyto 3.Incompliancewithanylaw,ruleor involveasuminexcessofany"self- regulation. insuredretention"or"underlying Wemayexamineandaudityourbooksand insurance",whicheverapplies"; recordsatanytimeduringthe"policyperiod" b.Authorizeustoobtainrecordsandother andextensionsthereofandwithinthreeyears information; afterthefinalterminationofthispolicy,insofar astheyrelatetothesubjectmatterofthispolicy.c.Cooperatewithusintheinvestigationor settlementoftheclaimordefense C.DutiesInTheEventOfOccurrence,ClaimOr againstthe"suit";and Suit d.Assistus,uponourrequestinthe 1.Youmustseetoitthatwearenotifiedas enforcementofanyrightagainstany soonaspracticableofan"occurrence" personororganizationwhichmaybe whichmayresultinaclaimunderthispolicy. liabletotheinsuredbecauseofinjuryor Thisrequirementappliesonlywhensuch damagetowhichthispolicyorany "occurrence"isknowntoanyofthe "underlyinginsurance"or"self-insured following: retention"mayapply. a.Youoranyadditionalinsuredthatisan 4.Noinsuredwill,exceptatthatinsured'sown individual; cost,makeoragreetoanysettlementfora b.Anypartner,ifyouoranadditional suminexcessof: insuredareapartnership; a.Thetotallimitsof"underlying c.Anymanager,ifyouoranadditional insurance";or insuredarealimitedliabilitycompany; b The"self-insuredretention"ifno d.Any"executiveofficer"orinsurance "underlyinginsurance"applieswithout manager,ifyouoranadditionalinsured ourconsent. areacorporation; 5.Noinsuredswill,exceptatthatinsured's e.Anytrustee,ifyouoranadditional owncost,makeapayment,assumeany insuredisatrust;or obligation,orincuranyexpenses,otherthan f.Anyelectedorappointedofficial,ifyou firstaid,withoutourconsent. oranadditionalinsuredisapolitical D.AssistanceAndCooperationOfTheInsured subdivisionorpublicentity. The"insured"shall: Thisdutyappliesseparatelytoyouandany 1.Cooperatewithusandcomplywithallthe additionalinsured. termsandconditionsofthispolicy;and Totheextentpossible,noticeshould 2.Cooperatewithanyoftheunderlying include: insurersasrequiredbythetermsofthe a.How,whenandwherethe"occurrence" "underlyinginsurance"andcomplywithall tookplace; thetermsandconditionsthereof. b.Thenamesandaddressesofany The"insured"shallenforceanyrightof injuredpersonsandwitnesses;and contributionorindemnityagainstanypersonor c.Thenatureandlocationofanyinjuryor organizationwhomaybeliabletothe"insured" damagearisingoutofthe"occurrence" becauseof"bodilyinjury","propertydamage"or or"offense". "personalandadvertisinginjury"withrespectto thispolicyorany"underlyinginsurance". 2.Ifaclaimismadeor"suit"isbroughtagainst anyinsured,youmust: E.LegalActionAgainstUs a.Immediatelyrecordthespecificsofthe Nopersonororganizationhasarightunderthis claimor"suit"andthedatereceived; policy: and a.Tojoinusasapartyorotherwisebringus b.Notifyusinwritingassoonas intoa"suit"askingfordamagesfroman practicableiftheclaimislikelyto insured;or Page10of14FormXL00030916 b.Tosueusonthispolicyunlessallofits H.TransferOfRightsOfRecoveryAgainst termsandthoseofthe"underlying OthersToUs insurance"havebeenfullycompliedwith. 1.TransferOfRightsOfRecovery Apersonororganizationmaysueustorecover Iftheinsuredhasrightstorecoverallora onanagreedsettlementoronafinaljudgment partofanypaymentwehavemadeunder againstaninsured;but,wewillnotbeliablefor thispolicy,thoserightsaretransferredtous. damagesthatarenotpayableundertheterms Theinsuredmustdonothingafteralossto ofthispolicyorthatareinexcessofthelimitof impairthem.Atourrequest,theinsuredwill liability.Anagreedsettlementmeansa bring"suit"ortransferthoserightstousand settlementandreleaseofliabilitysignedbyus, helpusenforcethem. theinsuredandtheclaimantortheclaimant's a.Recoveriesshallbeappliedto legalrepresentative. reimburse: F.Appeals (1)First,anyinterest(includingthe Intheeventthe"insured"orthe"insured's" NamedInsured)thatpaidany underlyinginsurerelectsnottoappeala amountinexcessofourlimitof judgmentinexcessofthe"underlyinginsurance" liability; orthe"self-insuredretention,"wemayelectto (2)Second,us,alongwithanyother makesuchappeal,atourcostandexpense. insurershavingaquotashare Ifwesoelect,weshallbeliableinadditionto interestatthesamelevel; theapplicableLimitofInsurance,forthe: (3)Third,suchinterests(includingthe 1.Taxablecosts; NamedInsured)ofwhomthis 2.Disbursements;and insuranceisexcess. 3.Additionalinterestincidentaltosuchappeal; However,adifferentapportionmentmay bemadetoeffectsettlementofaclaim Butinnoeventwillwebeliablefor"damages"in byagreementsignedbyallinterests. excessoftheapplicableaggregateLimitof Insurance.b.Reasonableexpensesincurredinthe exerciseofrightsofrecoveryshallbe Ifajudgmentisrenderedinexcessofthelimits apportionedamongallinterestsinthe of"underlyinginsurance"andweoffertopayour ratiooftheirrespectivelossesforwhich fullshareofsuchjudgment,butyouoryour recoveryissought. underlyinginsurerselecttoappealit,you,your underlyinginsurersorbothwillbear:2.WaiverOfRightsOfRecovery(WaiverOf2.WaiverOfRightsOfRecovery(WaiverOf2.WaiverOfRightsOfRecovery(WaiverOf Subrogation)Subrogation) a.Thecostanddutyofobtaininganyappeal bond;Ifthe"insured"haswaivedanyrightsof recoveryagainstanypersonororganization b.Thetaxablecosts,disbursementsand forallorpartofanypaymentwehavemade additionalinterestincidentaltosuchappeal; underthispolicy,wealsowaivethatright, and providedthe"insured"waivedtheirrightsof c.Anyincreaseindamagesovertheamount recoveryagainstsuchpersonor themattercouldhavebeensettledforafter organizationinacontract,agreementor theverdictwasenteredandbeforethe permitthatwasexecutedpriortotheinjury appealwasfiled. ordamage. G.OtherInsurance I.Changes Thispolicyshallapplyinexcessofall Thispolicycontainsalltheagreementsbetween "underlyinginsurance"whetherornotvalidand youandusconcerningtheinsuranceafforded. collectible.Itshallalsoapplyinexcessofother Noticetoanyagent,orknowledgepossessedby validandcollectibleinsurance(exceptother anyagentoranyotherpersonshallnoteffecta insurancepurchasedspecificallytoapplyin waiverorachangeinanypartofthispolicy,or excessofthisinsurance)whichalsoappliesto stopusfromassertinganyrightsunderthe anylossforwhichinsuranceisprovidedbythis termsofthispolicy. policy. TheNamedInsuredfirstshowninthe Theseexcessprovisionsapply,whethersuch Declarationsisauthorizedonbehalfofall otherinsuranceisstatedtobe: "insureds"toagreewithusonchangesinthe 1.Primary; termsofthispolicy. 2.Contributing; Ifthetermsarechanged,thechangeswillbe showninanendorsementissuedbyusand 3.Excess;or madeapartofthispolicy. 4.Contingent. FormXL00030916Page11of14 J.SeparationOfInsureds InsuredfirstshownintheDeclarationsorby uswillbeequivalenttomailing. ExceptwithrespecttotheLimitsofLiability,and anyrightsordutiesspecificallyassignedinthis 4.IftheNamedInsuredfirstshowninthe policytotheNamedInsuredfirstshowninthe Declarationscancels,therefundmaybe declarations,thisinsuranceapplies: lessthanprorata,butwewillretainany minimumpremiumstatedassuchinthe a.AsifeachNamedInsuredweretheonly Declarations.Ifwecancel,therefundwillbe NamedInsured:and prorata.Thecancellationwillbeeffective b.Separatelytoeachinsuredagainstwhom evenifwehavenotmadeoroffereda claimismadeor"suit"isbrought. refund. K.MaintenanceOfUnderlyingInsurance M.Non-Renewal Policiesaffordingintotalthecoverageandlimits 1.Ifwedecidenottorenew,wewillmailor statedintheScheduleofUnderlyingInsurance delivertotheNamedInsuredfirstshownin Policiesshallbemaintainedinfulleffectduring theDeclarations,attheaddressshownin thecurrencyofthispolicy.Yourfailureto thispolicy,writtennoticeofnon-renewalat complywiththeforegoingshallnotinvalidate least30daysbeforetheendofthe"policy thispolicy,butintheeventofsuchfailure,we period". shallbeliableonlytotheextentthatwewould 2.Ifnoticeismailed,proofofmailingwillbe havebeenliablehadyoucompliedherewith. sufficientproofofnotice. TheNamedInsuredfirstshowninthe 3.IfweoffertorenewbutsuchNamedInsured Declarationsshallgiveuswrittennoticeassoon doesnotaccept,thispolicywillnotbe aspracticableofanyofthefollowing: renewedattheendofthecurrent"policy 1.Anychangeinthecoverageorinthelimits period". ofany"underlyinginsurance",includingbut N.Workers'CompensationAgreement notlimitedtoachangefromoccurrence coveragetoclaimsmadecoverage;Withrespectto"bodilyinjury"toanyofficeror otheremployeearisingoutofandinthecourse 2.Terminationofpartorallofoneormoreof ofemploymentbyyou,yourepresentandagree thepoliciesof"underlyinginsurance"; thatyouhavenotabrogatedandwillnot 3.Reductionorexhaustionofanaggregate abrogateyourcommon-lawdefensesunderany limitofliabilityofany"underlyinginsurance". Workers'CompensationLawbyrejectionof The"self-insuredretention"shallnotapply suchlaworotherwise.Ifatanytimeduringthe shouldthe"underlyinginsurance"beexhausted "policyperiod"youabrogatesuchdefenses,the bythepaymentofclaimsor"suits"whichare insurancefor"bodilyinjury"tosuchofficeror alsocoveredbythispolicy. otheremployeeautomaticallyterminatesatthe sametime. L.Cancellation O.BankruptcyOrInsolvency 1.TheNamedInsuredfirstshowninthe Declarationsmaycancelthispolicyby Intheeventofthebankruptcyorinsolvencyof mailingordeliveringtousortoanyofour the"insured"oranyentitycomprisingthe authorizedagentsadvancewrittennoticeof "insured",weshallnotberelievedofanyofour cancellation. obligationsunderthispolicy. 2.Wemaycancelthispolicybymailingor P.Representations deliveringtotheNamedInsuredfirstshown Byacceptingthispolicy,youagree: intheDeclarationsattheaddressshownin a.ThestatementsintheDeclarationsare thispolicy,writtennoticeofcancellationat accurateandcomplete; least: b.ThestatementsintheScheduleOf a.10daysbeforetheeffectivedateof UnderlyingInsurancePoliciesareaccurate cancellationifsuchNamedInsuredfails andcomplete; topaythepremiumoranyinstallment whendue;or c.Thestatementsina.andb.arebasedupon representationsyoumadetous: b.30daysbeforetheeffectivedateof ehaveissuedthispolicyinrelianceupon cancellationifwecancelforanyother d.W yourrepresentations;and reason. 3.Ifnoticeismailed,proofofmailingwillbe e.Ifunintentionallyyoushouldfailtodisclose allhazardsattheinceptionofthispolicy,we sufficientproofofnotice.Noticewillstate shallnotdenycoverageunderthispolicy theeffectivedateofcancellation.The becauseofsuchfailure. "policyperiod"willendonthatdate. DeliveryofsuchnoticebytheNamed Page12of14FormXL00030916 SECTIONVII-DEFINITIONS Paragraph a.abovedoesnotapplytofuels, lubricants,fluids,exhaustgasesorothersimilar Exceptasotherwiseprovidedinthissectionor "pollutants"thatareneededfororresultfromthe amendedbyendorsement,thewordsorphrases normalelectrical,hydraulicormechanical thatappearinquotationmarkswithinthispolicy functioningofan"auto",coveredbythe"underlying shallfollowthedefinitionsoftheapplicable insurance"oritsparts,if: "underlyinginsurance"policy. (1)The"pollutants"escape,seep,migrate,orare "Accident"includescontinuousorrepeated dischargedorreleaseddirectlyfroman"auto" exposuretothesameconditionsresultingin"bodily partdesignedbyitsmanufacturertohold,store, injury"or"propertydamage". receiveordisposeofsuch"pollutants";and "Asbestoshazard"meansanexposureorthreatof (2)The"bodilyinjury,""propertydamage"or exposuretotheactualorallegedpropertiesof "coveredpollutioncostorexpense"doesnot asbestosandincludesthemerepresenceof ariseoutoftheoperationofanyequipment asbestosinanyform. listedinparagraphs 6.b and 6.c.ofthedefinition "Auto"means: of"mobileequipment". a.Alandmotorvehicle,trailerorsemitrailer Paragraphs b.and c.abovedonotapplyto designedfortravelonpublicroads,including "accidents"thatoccurawayfrompremisesownedby anyattachedmachineryorequipment;or orrentedtoan"insured"withrespectto"pollutants" b.Anyotherlandvehiclethatissubjecttoa notinoruponan"auto"coveredbythe"underlying compulsoryorfinancialresponsibilitylawor insurance"if: othermotorvehicleinsurancelawwhereitis (1)The"pollutants"oranypropertyinwhichthe licensedorprincipallygaraged. "pollutants"arecontainedareupset,overturned However,"auto"doesnotinclude"mobile ordamagedasaresultofthemaintenanceor equipment". useofthe"auto";and "Coveredpollutioncostorexpense"meansany (2)Thedischarge,dispersal,seepage,migration, costorexpensearisingoutof: releaseorescapeofthe"pollutants"iscaused 1.Anyrequest,demand,orderorstatutoryor directlybysuchupset,overturnordamage. regulatoryrequirement;or "Damages"includeprejudgmentinterestawarded 2.Anyclaimor"suit"byoronbehalfofa againstthe"insured"onthatpartofthejudgmentwe governmentalauthoritydemanding pay. thatthe"insured"orotherstestfor,monitor,clean "Damages"donotinclude: up,remove,contain,treat,detoxifyorneutralize,or 1.Fines; inanywayrespondto,orassesstheeffectsof 2.Penalties;or "pollutants". 3.Damagesforwhichinsuranceisprohibitedby "Coveredpollutioncostorexpense"doesnotinclude anycostorexpensearisingoutoftheactual,allegedthelawapplicabletotheconstructionofthis orthreateneddischarge,dispersal,seepage,policy. migration,releaseorescapeof"pollutants": Subjecttotheforegoing,"damages"include (1)Thatare,orthatarecontainedinanyproperty damagesforanyofthefollowingwhichresultatany thatis:timefrom"bodilyinjury"towhichthispolicyapplies: a.Beingtransportedortowedby,handled,or 1.Death; handledformovementinto,ontoorfrom, 2.Mentalanguish; any"auto"; 3.Shock; b.Otherwiseinthecourseoftransitbyoron 4.Disability;or behalfofthe"insured";or 5.Careandlossofservicesorconsortium. c.Beingstored,disposedof,treatedor "Insured"meansanypersonororganization processedinoruponany"auto";or qualifyingasaninsuredintheapplicableWHOIS (2)Beforethe"pollutants"oranypropertyinwhich ANINSUREDprovisionofthispolicy.Theinsurance the"pollutants"arecontainedaremovedfrom affordedappliesseparatelytoeach"insured"against theplacewheretheyareacceptedbythe whomclaimismadeor"suit"isbrought,exceptwith "insured"formovementintoorontoany"auto"; respecttothelimitofourliabilityunderLIMITSOF or INSURANCE(SECTIONIV). (3)Afterthe"pollutants"oranypropertyinwhich "Occurrence"means the"pollutants"arecontainedaremovedfrom 1.Withrespectto"bodilyinjury"or"property any"auto"totheplacewheretheyarefinally damage":anaccident,includingcontinuousor delivered,disposedoforabandonedbythe "insured". FormXL00030916Page13of14 1.Anydeductibleamount; repeatedexposuretosubstantiallythesame generalharmfulconditions,and 2.Anyparticipationofany"insured";and 2.Withrespectto"personalandadvertisinginjury": 3.Any"self-insuredretention"aboveorbeneath anoffensedescribedinoneofthenumbered anysuchpolicy; subdivisionsofthatdefinitioninthe"underlying Lesstheamount,ifany,bywhichtheaggregatelimit insurance". ofsuchinsurancehasbeenreducedbyany "Policyperiod"meanstheperiodbeginningwith paymentrelatingtoanyact,error,omission,injury, theinceptiondatestatedassuchintheDeclarations damageoroffenseforwhichinsuranceisprovided andendingwiththeearlierof: bythispolicy,includingMedicalPaymentsCoverage 1.Thedateofcancellationofthispolicy;or asdescribedinthe"underlyinginsurance."The coveragesandlimitsofsuchpoliciesandanysuch 2.Theexpirationdatestatedassuchinthe deductibleamount,participationor"self-insured Declarations. retention"shallbedeemedtobeapplicable "Self-insuredretention"meanstheamountstated regardlessof: assuchintheDeclarationswhichisretainedand 1.Anydefensewhichanyunderlyinginsurermay payablebythe"insured"withrespecttoeach assertbecauseofthe"insured's"failureto "occurrence". complywithanyconditionofitspolicy;or "Underlyinginsurance"meanstheinsurance 2.Theactualorallegedinsolvencyorfinancial policieslistedintheScheduleofUnderlying impairmentofanyunderlyinginsurerorany InsurancePolicies,includinganyrenewalsor "insured". replacementsthereof,whichprovidetheunderlying coveragesandlimitsstatedintheScheduleofTheriskofinsolvencyorfinancialimpairmentofany UnderlyingInsurancePolicies.Thelimitofunderlyinginsurerorany"insured"isbornebyyou "underlyinginsurance"includes:andnotbyus. Page14of14FormXL00030916 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVERWAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENTFROM OTHERS ENDORSEMENT Policy Number:Endorsement Number: Effective Date:09/01/Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:HUITT ZOLLARS, INC. 1717 MCKINNEY AVE STE 1400 DALLASTX75202 Wehavetherighttorecoverourpaymentsfromanyoneliableforaninjurycoveredbythispolicy.Wewillnotenforceour right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Anypersonororganizationfromwhomyouarerequiredbycontractoragreementtoobtainthiswaiverfromus. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. 1:012033 Policy Expiration Date: THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF OURWAIVER OF OURRIGHT TO RECOVER FROMRIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIAOTHERS ENDORSEMENT - CALIFORNIA Policy Number: Endorsement Number: Effective Date:0 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:HUITT ZOLLARS, INC. 1717 MCKINNEY AVE STE 1400 DALLASTX75202 Wehavetherighttorecoverourpaymentsfromanyoneliableforaninjurycoveredbythispolicy.Wewillnotenforceour rightagainstthepersonororganizationnamedintheSchedule.(Thisagreementappliesonlytotheextentthatyou perform work under a written contract that requires you to obtain this agreement from us.) Youmustmaintainpayrollrecordsaccuratelysegregatingtheremunerationofyouremployeeswhileengagedinthework described in the Schedule. Theadditionalpremiumforthisendorsementshallbe2%oftheCaliforniaworkers'compensationpremiumotherwisedue on such remuneration. SCHEDULE Person or OrganizationJob Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative 1:012033 Policy Expiration Date: Form WC 04 03 06(1)Printed in U.S.A. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TOTEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENTRECOVER FROM OTHERS ENDORSEMENT Policy Number:Endorsement Number: Effective Date:09/Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:HUITT ZOLLARS, INC. 1717 MCKINNEY AVE STE 1400 DALLASTX75202 Thisendorsementappliesonlytotheinsuranceprovidedrespecttobodilyinjuryarisingoutoftheoperations bythepolicybecauseTexasisshowninItem3.A.ofthedescribedintheSchedulewhereyouarerequiredbya Information Page.written contract to obtain this waiver from us. WehavetherighttorecoverourpaymentsfromanyoneThisendorsementshallnotoperatedirectlyorindirectly liableforaninjurycoveredbythispolicy.Wewillnotto benefit anyone not named in the Schedule. enforceourrightagainstthepersonororganization Thepremiumforthisendorsementisshowninthe named in the Schedule,but this waiver applies only with Schedule. Schedule 1.()Special Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: All Texas Operations 3.Premium: The premium charge for this endorsement shall be2percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4.Advance Premium: Form WC 42 03 04 B Printed in U.S.A. 1:012033 Policy Expiration Date: THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number:4646WEWEOO Endorsement Number: Effective Date:0 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:HUITT ZOLLARS, INC. 1717 MCKINNEY AVE STE 1400 DALLASTX75202 ThispolicyissubjecttothefollowingadditionalIfnoticeismailed,proofofmailingtothelastknown Conditions:mailingaddressofthecertificateholder(s)onfilewith theagentofrecordortheCompanywillbesufficient A.IfthispolicyiscancelledbytheCompany,otherthan proof of notice. fornon-paymentofpremium,noticeofsuch cancellationwillbeprovidedatleastthirty(30)daysAnynotificationrightsprovidedbythisendorsement inadvanceofthecancellationeffectivedatetotheapplyonlytoactivecertificateholder(s)whowereissued certificateholder(s)withmailingaddressesonfilea certificate of insurance applicable to this policyÓs term. with the agent of record or the Company. Failuretoprovidesuchnoticetothecertificateholder(s) B.IfthispolicyiscancelledbytheCompanyforwillnotamendorextendthedatethecancellation non-paymentofpremium,orbytheinsured,noticebecomeseffective,norwillitnegatecancellationofthe ofsuchcancellationwillbeprovidedwithinten(10)policy.Failuretosendnoticeshallimposenoliabilityof daysofthecancellationeffectivedatetotheanykindupontheCompanyoritsagentsor certificateholder(s)withmailingaddressesonfilerepresentatives. with the agent of record or the Company. Form WC 99 03 94 Printed in U.S.A. 1:012033 Policy Expiration Date: © 2011, The Hartford THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number:Endorsement Number: Effective Date:0Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:HUITT ZOLLARS, INC. 1717 MCKINNEY AVE STE 1400 DALLASTX75202 ThispolicyissubjecttothefollowingadditionalAnynotificationrightsprovidedbythisendorsement Condition:applyonlytoactivecertificateholder(s)whowereissued a certificate of insurance applicable to this policyÓs term. A.IfthispolicyiscancelledbytheCompanyfornon- paymentofpremium,orbytheinsured,noticeofFailuretoprovidesuchnoticetothecertificateholder(s) suchcancellationwillbeprovidedwithinten(10)willnotamendorextendthedatethecancellation daysofthecancellationeffectivedatetothebecomeseffective,norwillitnegatecancellationofthe certificateholder(s)withmailingaddressesonfilepolicy.Failuretosendnoticeshallimposenoliabilityof with the agent of record or the Company.anykindupontheCompanyoritsagentsor representatives. Ifnoticeismailed,proofofmailingtothelastknown mailingaddressofthecertificateholder(s)onfilewith theagentofrecordortheCompanywillbesufficient proof of notice. 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Name: Project A-2021-035-06 Number: Project City Of Santa Ana Contractor Agreement For On-Call Engineering Name: Services With Huitt-Zollars, Inc. The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE Huitt-Zollars AUTOMOBILE LIABILITY 46UENOL5276 09/01/2024 08/16/2023 COI.pdf Huitt-Zollars GENERAL LIABILITY 46UUNOL5275 09/01/2024 08/16/2023 COI.pdf City of Santa PROFESSIONAL LIABILITY EBZ6650 01/23/2024 01/15/2023 Ana.pdf WORKERS COMPENSATION AND Huitt-Zollars 46WEOL6H1G 09/01/2024 08/16/2023 EMPLOYERS' LIABILITY COI.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 10/23/2023 11:20 AM