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HomeMy WebLinkAboutBEEZ KNEEZ CREATIVE (2)C N 0!-- ,0CE ON FILE Cn On:h MAY PROCEED O NtIL 46URANCEEXPIRES N-2021-154 �Lrcn OF COUNCIL CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 5th day of August, 2021 by and between Jeanette Pletcher doing business as Beez Kneez Creative ("Consultant"), 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. The City desires to retain a Consultant having special skill and knowledge in the field of curriculum design and development, program evaluation, and professional development. B. Consultant represents that Consultant is able and willing to provide such services to the City. Consultant has an extensive background working with zoos and aquariums throughout the United States on similar initiatives. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, as needed consulting services for development of education programs for Santa Ana youth and families at the Santa Ana Zoo as part of the 2021-2022 Santa Ana Zoo Community Connections: Zoo & You series. Consultant will also provide as needed facilitated workshops to train Zoo staff members leading the Community Connections programs, as well as, program evaluations and recommendations for any improvements to the programs. City shall confirm each assignment for services pursuant to this Agreement via email. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges specified below: Type of Task Descri Lion Hourl Fee Total Front of house Evaluation, instrument $150/hour design, data collection, data analysis, reportin Back of house Email,phone $90/hour communications, Page 1 of 10 background research, meeting lannin Curriculum Educational materials $90/hour research and 4 hours = $360 development such as lesson plans, planning activity guides, online $150/hour Writing 15 hours = $2,250 materials and development per learning objective Facilitated Half day (4 hours) _ workshops $1400 Full day (8 hours) _ $2500 Two day = $4700 b. The total amount to be expended during the term of this Agreement shall not exceed $25,000. c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and shall expire on June 30, 2022, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical Page 2 of 10 drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance ("CGL")- Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations property damage, bodily injury and person and advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projectilocation (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $2,000,000 per accident. d. Professional liability (errors and omissions) insurance appropriate to the Consultant's profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. e. If the Consultant, its agents, or subcontractors maintain broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. f. Other Insurance Provisions- The insurance policies are to contain, or be endorsed to contain, the following provisions: Page 3 of 10 Additional Insured Status- The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage- For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City; its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Notice of Cancellation- Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation- The Consultant hereby grant to Grantee a waiver of any right to subrogation which any insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions- Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Page 4 of 10 7. Claims Made Policies (applicable only to professional liability, see below)- If any of the required policies provide claims -made coverage: a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage- The Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before services are performed pursuant to this Agreement. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure of the Consultant to provide the required verification of coverage prior to the start of any services shall be grounds for immediate termination of this Agreement. 9. Special Risks or Circumstances- City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) Page 5 of 10 from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any Page 6 of 10 information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. Page 7 of 10 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in Page 8 of 10 the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Jeanette Pletcher Beez Kneez Creative 2020 Froude Street San Diego, CA 92107 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 9 of 10 N-2021-154 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: -Daisy Gomez t� Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: xLb, A. R Laura A. Rossini Chief Assistat City Attorney RECOMMENDED FOR APPROVAL: Lisa Rudloff Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Jeanette Pletcher Founder Beez Kneez Creative Page 10 of 10 Francine R. ena.w,��mraM,Mx ACO/?O" CERTIFICATE OF LIABILITY INSURANCE DATE IMMOD/YYYY) 08118/2020 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 endorsements . PRODUCER 619-641-7460 C ACT Tom Goddard Allenbrooke Insurance Services CA License#OB72740 1322 Scott St., Suite#2D1 San Diego, CA 92106 Tom Goddard PHONE 619.641-7450 FAX AIC, No, Ext: A/C No 619-641-7466 E- I INSURERS AFFORDING COVERAGE NAICIf INSURER A p ML Vernon Fire Insurance Co. INSURED Baez Kneez Creative Neese Pletcher INSURER 8: 2020 Froude Street INSURER C : INSURER D: San Diego, CA 92107 INSURER E : INSURER F : COVFRAr.FS GFRTIFICATF MI IMRPD• 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. INSRLTIR TYPE OF INSURANCE ADDL SUBF POLICY NUMBER POLICY EFF POLICY UP NMW2021 LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X PPP2550838B 08/16/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Es actsmorass) 300000 MED UP (Any one Person 10,000 PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY SE LOC GENERAL AGGREGATE 2,000,000 PRODUCTS-COMP/OP AGG $ Included OTHER: LIABILITY -COAUTOMOBILE 11aa dints NGLE LIMIT $ BODI LY INJURY Per men ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS $ BODILY BOODILY INJURY (Per accident $ PPe�aociCenDAMAGE $ p AUTOS ONLY AIOJrN-S ONt�LV UMBRELLALIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS -MADE DEO I I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS• LIABIUTY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS be. NIA PER OTH- T E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE E.L. DISEASE - POLICY LIMIT A PROFESSIONAL LIAB PPP25506388 7 08/1612020 08/18/2021 1,000,000, DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached If more apace Is required) RE: Santa Ana Zoo The City of Santa Ana; its officers, employees, agents and, representativas are named as Additional Insureds per Mchetl entloreement. 30 Days Notice of Cancellation. City of Santa Ana Risk Management Division 20 Civic Center Plaza 4th Floor SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ACORD 25 (2016103) © 1988-2015 ACORD C The ACORD name and logo are registered marks of ACORD y�4� �rYJLLILN[,//� WeltMrmgematL Dividon /R'ENLlVED 6pAPIP.R�O}VI�BY,1: rA/.1YNe.L R. L��45N1IR(. Risk Managernent Analyst or POLICY NUMBER: PPP2550838B COMMERCIAL GENERAL LIABILITY CIS 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): Effective Date: 08/04/202012:01 AM CITY OF SANTA ANA, RISK MANAGEMENT, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND VOLUNTEERS AS ADDITIONAL INSURED. RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, 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; or 2. In connection with your premises owned by or rented to you. 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 RiskMnugemadDhislnn c, REVIEWED 6 ArvRav® By., Fvc..t:ne iz. Vt uv"I ®' Risk Management A alyn POLICY NUMBER: PPP2550838B This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM AMENDMENT OF OTHER INSURANCE CONDITION: PRIMARY AND NON-CONTRIBUTORY - DESIGNATED PERSON OR ORGANIZATION SCHEDULE Name of Person or Organization: Effedive Date: 08/16/2020 CITY OF SANTA ANA, RISK MANAGEMENT, IT'S OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND VOLUNTEERS AS ADDITIONAL INSURED. RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 92702 2020 FROUDE ST SAN DIEGO, CA 92107 If no applicable entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4.Other Insurance, is amended by the addition of the following: This insurance is primary and non-contributory as respects our coverage for the other person or organization named in the Schedule. We will not seek contribution from any other insurance policy available to the person or organization named in the Schedule for "bodily injury", "property damage" or "personal and advertising injury" covered under this policy. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 722 (12-17) ftme&wao s Amavm Sr. 3 F-%� P- VLt"I ' Risk Managernent Analyst I, CITY OF SANTA ANA RISK MANAGEMENT a draeeLax 4 HUMAN RESOURCES Managing Risk &*vugb PoWn Change WORKERS' COMPENSATION DECLARATION Jeanette Pletcher (Nome/Title) following declaration: hereby affirm under penalty of perjury, the I certify on behalf of Beez Kneez Creative that during the term (Consultant/Company Name) of my contract for Education Consulting services with the City of Santa Ana, (Type of service provided) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: 8/12/20 Print Name: Jeanette Pletcher Print Title: Founder Signature: �J__ sP-- C 17� TLC Telephone: 208 340 8281 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. klRisk Mgmtllnsurance RequirementslWC Declaration 08152019 F,w,c:.W 2, VWA44d Risk Management Analyst D BEE An I'EZ CIt EAT I%E Conservation Education Leadership 2020 FTomic Street To: City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4' floor Santa Ana, CA 92702 Date: 6 August 2020 Dear Sir or Madam, San DmF C.V 92107 (208)330-8281 nettc abcczknecurcatit-ccom nttp1tchr(re,'& 1A.c<nn This letter certifies that, as a Sole Proprietor, Beez Kneez Creative will not employ a licensed professional and therefore does not meet the requirement to provide Professional Liability (E&O) insurance. Kind regards, Nette Pletcher Risk Mwwgmwa c onMPRcvMm R �r. f R. V:LLind ROM Ruk Management Analyst PPP2550838A Mount Vernon Fire Insurance Company Renewal of Number 1190 Devon Park Drive, Wayne, Pennsylvania 19087 POLICY DECLARATIONS A Member Company of United States Liability Insurance Group No. PPP2550838B NAMED INSURED AND ADDRESS: BEEZ KNEEZ CREATIVE 2020 FROUDE ST SAN DIEGO, CA 92107 POLICY PERIOD: (MO. DAY YR.) From: 08/16/2020 To: 08/1612021 BUSINESS DESCRIPTION: Educational Consultant THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WH Commercial Liability Coverage Part Specified Professions Professional Liability Errors And Omissions Coverage Part Wholesaler Broker Fee Surplus Lines Tax Stamping Fee TOTAL: Coverage Form(s) and Endorsement(s) made a part of this policy at time of issue See Endorsement EOD (1/95) Agent: APOGEE INSURANCE GROUP -A DIV. OF GATEWAY UNDERWRITERS AGENCY (1684) P.O. Box 6640 Wayne, PA 19087 Broker: 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE IS INDICATED. PREMIUM $275.00 $823.00 $75.00 $32.94 $2.75 $1,208.69 Issued: 08/21/2020 2:20 PM By: Authorized Represe ar e THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVEPv UPD (08-07) COVERAGE PART COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, IS: COMPLETE THE ABOVE NUMBERED POLICY. RhkMn%w dDMdan s" REmEww&APPRov®8Y: Risk Management Malyst EXTENSION OF DECLARATIONS Policy No. PPP2550838B Effective Date: 08116/2020 12:01 AM STANDARD TIME FORMS AND ENDORSEMENTS The following forms apply to multiple coverage parts Endt# Revised Description of Endorsements 2110 04/15 Service Of Suit IL0017 11/98 Common Policy Conditions IL0021 09/08 Nuclear Energy Liability Exclusion Endorsement Jacket 07/19 Policy Jacket L-526 01/15 Absolute War Or Terrorism Exclusion L-610 11/04 Expanded Definition Of Bodily Injury TRIADN 02/15 Policyholder Disclosure Notice of Terrorism Insurance Coverage The following forms apply to the Commercial Liability coverage part Endt# Revised Description of Endorsements CG0001 12/07 Commercial General Liability Coverage Form CGO068 05/09 Recording And Distribution Of Material Or Information In Violation Of Law Exclusion CG2026 04/13 Additional Insured -Designated Person or Organization CG2107 05/14 Exclusion - Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability - Limited Bodily Injury Exception Not Included CG2147 12/07 Employment -Related Practices Exclusion CG2238 07/98 Excl - Fiduciary Or Representative Liability Of Financial Institutions L-526 01/15 Absolute War Or Terrorism Exclusion L-549 04/15 Absolute Professional Liability Exclusion L-599 04/15 Absolute Exclusion For Pollution, Organic Pathogen, Silica, Asbestos And Lead With A Hostile Fire Exception L-712 04/15 Blanket Additional Insured Endorsement L-722 12/17 Amendment of Other Insurance Condition: Primary and Non -Contributory - Designated Person or Organization L-783 04/15 Amendment Of Liquor Liability Exclusion LLQ100 04/15 Who Is An Insured Clarification Endorsement LLQ368 04/15 Separation Of Insureds Clarification Endorsement The following forms apply to the Specified Professions Professional Liability Errors And Omissions coverage part Endt# Revised Description of Endorsements PROF-001 PROF-002 SP SP 210 SP 283 SP 288 SP 298 06/01 Absolute Pollution Exclusion - Professional 05/07 Mold, Fungus, Bacteria, Virus And Organic Pathogen Exclusion 07/09 Specified Professions Professional Liability Coverage Form 07/09 Retroactive Date Endorsement 04/13 Pro Security Endorsement 10113 Professional Services Limitation 12/17 Privacy Breach and Defense of Regulatory Cl tUu (uliyo) All other terms and conditions remain unchanged, RiskMvugenadDiwion Remo & APPRcvm 8Y: �� Wk Management Analyst EXTENSION OF DECLARATIONS Policy No. PPP2550838B Effective Date: 08/16/2020 12:01 AM STANDARD TIME FORMS AND ENDORSEMENTS J SP CA 01/10 California State Amendatory Endorsement EOD (01/95) All n[nel IeRns unu w. mm....... ui ne...I,,— evmo Arreay®�al ll ekMamgement Analpt COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy No. PPP2550838B Effective Date: 08/16/2020 12:01 AM STANDARD TIME Each Occurrence Limit $1,000,000 Personal & Advertising Injury Limit (Any One Person/Organization) $1,000,000 Medical Expense (Any One Person) $10,000 Damages To Premises Rented To You (Any One Premises) $300,000 Products/Completed Operations Aggregate Limit Included General Aggregate Limit $2,000,000 LOCATIONS OF ALL PREMISES YOU OWN, RENT OR OCCUPY Location Address Territory 1 2020 Froude St, San Diego, CA 92107 004 PREMIUM COMPUTATION Rate Advance Premium Loc Classification Code No. Premium Basis Pr/Co All Other PNCo All Other 1 Educational Consultant - For Specified Professions 41677 1 Per Included 275.000 Included $275 Principals/Partners/E 1 Blanket Additional Insured 49950 1 Flat Included 0.000 Included Included 1 Additional Insured - Designated Person 49950 1 Flat Included 0.000 Included Included 1 Primary and Non -Contributory wording for Scheduled 49950 1 Flat Included 0.000 Included Included Entities TOTAL PREMIUM FOR GENERAL LIABILITY COVERAGE PART: $275 MP - minimum premium Coverage Form(s)/Part(s) and Endorsement(s) made a part of this policy at time of issue: See Form EOD (01/95) THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE IN, Includes copyrighted material of ISO Commercial Risk Services, Inc., with its permit CL150 (10/03) Copyright, ISO Commercial Risk Services, Inc., 1983, 1984, 1988 zry Gov® sr Risk Management Analyst DECLARATIONS PLEASE READ YOUR POLICY CAREFULLY. THIS IS A CLAIMS MADE POLICY COVERAGE FORM AND UNLESS OTHERWISE PROVIDED HEREIN, THE COVERAGE OF THIS FORM IS LIMITED TO LIABILITY FOR CLAIMS FIRST MADE DURING THE POLICY PERIOD, OR THE EXTENSION PERIOD, IF APPLICABLE. DEFENSE COSTS SHALL BE APPLIED AGAINST THE DEDUCTIBLE. No. PPP2550838B Effective Date: 08/16/2020 12:01 AM STANDARD TIME ITEM I. NAMED INSURED AND PRINCIPAL ADDRESS BEEZ KNEEZ CREATIVE 2020 FROUDE ST SAN DIEGO, CA 92107 ITEM II. POLICY PERIOD: (MM/DD/YYYY) From: 08/16/2020 To: 08/16/2021 Specified Professions Professional Liability ITEM III. LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE ITEM IV. DEDUCTIBLE: $1,000 EACH CLAIM ITEM V. PREMIUM: $823 ITEM A. RETROACTIVE DATE: 08116/2018 ITEM VII. Coverage Form(s)/Part(s) and Endorsement(s) made a part of this policy at time of issue: See Endorsement EOD (01/95) ITEM VIII. Solely in the performance of Professional Services as a(n) Educational Consultant for others for a fee. THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE IN: R4k MwwganaltDmswn � � RenEwm & APPRw®Bv: �' Risk Manager nt Analyst SP 150 (09/11) This page has been intentionally left blank. ReAkMM entoMalan ®' RMManagem nt Malyv Service Of Suit Pursuant to any statute of any state, territory or district of the United States which makes provisions therefore, the Company hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the Statute, or his successors in office, as our true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured(s) or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the below named as the person to whom the said officer is authorized to mail process or a true copy thereof. It is further agreed that service of process in such suit may be made upon the General Counsel of the Company, or his nominee, at 1190 Devon Park Drive, Wayne, Pennsylvania 19087 and that in any suit instituted against any one of them upon this policy, the Company will abide by the final decision of such Court or any Appellate Court in the event of an appeal. 2110 (04-15) Risk Manwgement D(Wslan RENEwm & APPRw®Bv: ® Risk Management Analyst COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of cancel- lation. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rats. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suf- ficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re- cords as they relate to this policy at any time dur- ing the policy period and up to three years after- ward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 00 17 11 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 R4kMaugementohielon y REmEwED& APPRavm 9y. ' F�ucnc:.0 P., �:Uwnrcf 191111M Risk Management Analyst IL 00 2109 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nu- clear energy liability policy issued by Nu- clear Energy Liability Insurance Associa- tion, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Associa- tion of Canada or any of their successors, or would be an insured under any such pol- icy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "in- sured" 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 organi- zation. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily in- jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard- ous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be- half of, an "insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time pos- sessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured'; or (3) 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 "nu- clear facility", but if such facility is located Within the United States of America, its terri- tories or possessions or Canada, this ex- clusion (3) applies only to "property dam- age" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "spe- cial nuclear material" or "by-product material". IL 00 21 09 08 © ISO Properties, Inc., 2007 �, RhkMnug�mtwitD[wat S "" es RentvVm&AP"Prw® Br. s 11 Rtsk Management Mzlyst "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 com- ponent, solid or liquid, which has been used or ex- posed 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 concentra- tion of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or or- ganization of any "nuclear facility" included under the first two paragraphs of the definition of "nu- clear facility". "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packag- ing "waste"; (c) Any equipment or device used for the proc- essing, 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 pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) 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 radioac- tive contamination of property. Page 2 of 2 © ISO Properties, Inc., 2007 RtdtAlnrgonodDhhfon o REMEwm®r. &APPRovB rr flak Management Analyst This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMPREHENSIVE PERSONAL LIABILITY INSURANCE PERSONAL - EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA POLICY COMMERCIAL EXCESS LIABILITY POLICY ABSOLUTE WAR OR TERRORISM EXCLUSION The following supersedes the terms and conditions of this policy. If the Policy to which this endorsement is attached contains an exclusion for War, that exclusion is deleted in its entirety and replaced with the following. If the Policy to which this endorsement is attached does not contain an exclusion for War, the exclusion below applies. This insurance does not apply to, and the Company will not defend or pay Loss for, any Claim arising out of, directly or indirectly resulting from, based upon or in any way involving any actual or alleged: (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; (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these; or (4) "Terrorism", including any action taken in hindering or defending against an actual or expected incident of 'terrorism" regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage The following definition is added to the Definitions Section: "Terrorism" means activities against persons, organizations or property of any nature: 1. That involve the following or preparation for the following: a. Use or threat of force or violence; b. Commission or threat of a dangerous act; or c. Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and 2. When one or both of the following applies: a. The effect is to intimidate or coerce a government, or to cause chaos among the civilian population or any segment thereof, or to disrupt any segment of the economy; or b. It is reasonable to believe the intent is to intimidate or coerce a government, or to seek revenge or retaliate, or to further political, ideological, religious, social or economic objectives or to express (or express opposition to) a philosophy or ideology. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L-526 (01-15) � xamB a�a ®' Risk Management Malyst UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM BUSINESSOWNERS COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM EXPANDED DEFINITION OF BODILY INJURY The Definition of "bodily injury" is removed in its entirety and replaced with the following: "Bodily injury" means: a. bodily injury, It. sickness, C. disease; or d. mental anguish or emotional distress arising out of a., b., or c., above, sustained by a person, including death resulting from any of these at any time. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 610 (11/04) Al„vn„s REMEWED ®: Ruk Management Analyst POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act ("the Act"), as amended you have a right to purchase insurance coveragefor losses arising out of acts of terrorism. As defined in Section 102(1) of the Act : The term "act of terrorism" means any act or acts that are certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerousto human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. You should know that any coverage for losses caused by certified acts of terrorism is partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States reimburses 85% through 2015; 84% beginning on January 1, 2016; 83% beginning on January 1, 2017; 82% beginning on January 1, 2018; 81% beginning on January 1, 2019 and 80% beginning on January 1, 2020, of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providingthe coverage. The premium charged for this coverage is provided below and does not include any charges for the portion of loss covered by the federal government under the Act. Coveragefor "insured losses", as defined in the Act, is subject to the coverageterms, conditions, amounts and limits in this policy applicable to losses arising from events other than acts of terrorism. You should know that the Act, as amended, contains a $100 billion cap that limits U.S. Governmentreimbursement, as well as insurers' liability, for losses resulting from certified acts of terrorism, when the amount of such losses in any one calendar year exceeds $100 billion. If the aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced. You should also know that, under federal law, you are not required to purchase coverage for losses caused by certified acts of terrorism. REJECTION OR SELECTION OF TERRORISM INSURANCE COVERAGE Please "X" one of the boxes below and return this notice to the Company. I decline to purchase Terrorism Coverage. I understand that I will have no coverage for losses X arising from acts of Terrorism. I elect to purchase coverage for certified acts of Terrorism for a premium Of $100 Note: if you do not respond to our offer and do not return this notice to the Company, you will have no Terrorism Coverage under this policy. On File with the Company Applicant Name (Print) Signature on File with the Company Authorized Signature TRIADN (02-15) BEEZ KNEEZ CREATIVE Named Insured On File with the Company Date t /n' eNEED n �OVE)Sr t �e�...s{�o' FAhWNPL A, V�CKMK ®' Risk Management Analyst COMMERCIAL GENERAL LIABILITY CG 00 01 12 07 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 "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An In- sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTIONI— COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes 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 in- surance does not apply. We may, at our discre- tion, 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 insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments — 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 "oc- currence" or claim, knew that the "bodily in- jury" 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 con- tinuation, 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" which occurs during the policy period and was not, prior to the policy period, known to have oc- curred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or re- ceive notice of an "occurrence" or claim, in- cludes any continuation, change or resumption of that "bodily injury" or "property damage" af- ter the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed un- der Paragraph 1. of Section 11 — Who Is An In- sured 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 in- surer; (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 oc- curred or has begun to occur. CG 00 01 12 07 © ISO Properties, Inc., 2006 REMEWED& APPROVEDSr fNU�� Z VL &WAI '�' Risk Managed nt Mayst ' e. Damages because of "bodily injury" include damages claimed by any person or organiza- tion for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a con- tract 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 subse- quent to the execution of the contract or agreement. Solely for the purposes of liabil- ity assumed in an "insured contract", rea- sonable attorney fees and necessary litiga- tion expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute res- olution 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 un- der the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alco- holic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unem- ployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damag- es with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured con- tract". Page 2 of 16 © ISO Properties, Inc., 2006 Risk MowganadDIMSIM Fvc� Q. V.uanuE ®' Fisk Management Analyst f. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened dis- or subcontractors working directly or in - charge, dispersal, seepage, migration, re- directly on any insured's behalf are per - lease or escape of "pollutants": forming operations if the "pollutants" are (a) At or from any premises, site or location brought on or to the premises, site or lo- which is or was at any time owned or cation in connection with such opera - tions by such insured, contractor or sub - occupied by, or rented or loaned to, any contractor. However, this subparagraph insured. However, this subparagraph does not apply to: does not apply to: (i) "Bodily injury" if sustained within a (i) "Bodily injury" or "properly damage" arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is used to heat, cool or dehumidify the normal electrical, hydraulic or me - building, or equipment that is used to chanical functions necessary for the "mobile heat water for personal use, by the operation of equipment" or its parts, if such fuels, lubricants or building's occupants or their guests; other operating fluids escape from a (ii) "Bodily injury" or "property damage" vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your pol- intentional discharge, dispersal or re - icy as an additional insured with re- lease of the fuels, lubricants or other spect to your ongoing operations operating fluids, or if such fuels, lub- performed for that additional insured ricants or other operating fluids are at that premises, site or location and brought on or to the premises, site or such premises, site or location is not location with the intent that they be and never was owned or occupied discharged, dispersed or released as by, or rented or loaned to, any in- part of the operations being per- sured, other than that additional in- formed by such insured, contractor sured; or or subcontractor; (III) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a "hostile fire"; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in connec- for any insured or others for the han- tion with operations being performed dling, storage, disposal, processing or by you or on your behalf by a con - treatment of waste; tractor or subcontractor; or (c) Which are or were at any time trans- (III) 'Bodily injury" or "property damage" ported, handled, stored, treated, dis- arising out of heat, smoke or fumes posed of, or processed as waste by or from a "hostile fire". for: (e) At or from any premises, site or location (i) Any insured; or on which any insured or any contractors Any person or organization for whom or subcontractors working directly or in - directly on any insured's behalf are per - you may be legally responsible; or forming operations if the operations are to test for, monitor, dean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef- fects of, "pollutants". CG 00 01 12 07 © ISO Properties, Inc., 2006 eye. Rhk Mttriogtrnmtlxtielan CREMEWM&ARRRova Br. - Risk Management Analyst (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, re- move, contain, treat, detoxify or neutral- ize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or "suit" by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, de- toxifying 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 govern- mental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or en- trustment to others of any aircraft, "auto" or wa- tercraft 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, employ- ment, 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 entrust- ment to others of any aircraft, "auto" or water- craft 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 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next 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 con- tract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equip- ment 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 in the state where it is li- censed 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 equip- ment". 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 govern- ment, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any ofthese. j. Damage To Property "Property damage" to: (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, restora- tion 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; Page 4 of 16 © ISO Properties, Inc., 2006 REEmeAED & APPRaJ® Risk Managernen[ Anayst (5) That particular part of real property on which you or any contractors or subcontrac- tors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those op- erations; or (6) That particular part of any property that must be restored, repaired or replaced be- cause "your work" was incorrectly per- formed 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 con- tents of such premises, rented to you for a pe- riod of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Prem- ises 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), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". 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". This exclusion does not apply if the damaged work or the work out of which the damage aris- es was performed on your behalf by a subcon- tractor. 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 danger- ous 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 ac- cidental 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 ex- pense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, re- placement, 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 ad- vertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. 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. q. Distribution Of Material In Violation Of Statutes "Bodily injury" or "property damage" arising di- rectly 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; or (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmit- ting, communicating or distribution of mate- rial or information. CG 00 01 12 07 © ISO Properties, Inc., 2006 Mil, RIAMOm9emadDivisim O.. fiWeMM&A"OVEDBY. I'' F�� f:. Uj&b v Risk Management Analyst Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo- rarily occupied by you with permission of the own- er. 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 a. We will pay those sums that the insured be- comes 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 "per- sonal and advertising injury" to which this in- surance does not apply. We may, at our discre- tion, 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 insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments — Coverages A and B. b. This insurance applies to "personal and adver- tising 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" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and ad- vertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication 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 or written publication 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 li- ability 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 con- tract to 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 per- formance 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 stated in your "advertise- ment". 1. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trade- mark, trade secret or other intellectual property rights. Under this exclusion, such other intellec- tual property rights do not include the use of another's advertising idea in your "advertise- ment". However, this exclusion does not apply to in- fringement, in your "advertisement", of copy- right, trade dress or slogan. 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 Page 6 of 16 © ISO Properties, Inc., 2006 RkkMvwganadDM.lan "a;�a. RwEWm6APPRav®ar. Risk Management Analyst 00 (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Par- agraphs 14.a., b. and c. of "personal and ad- vertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertis- ing, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the in- sured 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 metatag, or any other similar tactics to mis- lead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants" at anytime. 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 govern- mental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, 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 govern- ment, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes "Personal and advertising injury" arising direct- ly 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; or (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmit- ting, communicating or distribution of mate- rial or 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: (a) The accident takes place in the "cover- age territory" and during the policy peri- od; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examina- tion, 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 ap- plicable limit of insurance. We will pay reason- able expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devic- es; and (3) Necessary ambulance, hospital, profes- sional nursing and funeral services. CG 00 01 12 07 © ISO Properties, Inc., 2006 �} Risk Mauga"ad DMefun I �°i REVEWtD&APPROVED BY. 0 ' ® Risk Management Matyst 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occu- pies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a work- ers' 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 opera- tions hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS —COVERAGES A AND B 1. We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in- sured at our request to assist us in the investi- gation or defense of the claim or "suit", includ- ing actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment in- terest based on that period of time after the of- fer. 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 depos- ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks dam- ages for which the insured has assumed the li- ability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability as- sumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been as- sumed 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 inter- ests of the insured and the interests of the in- demnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indem- nitee 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 coor- dinating 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 Page 8 of 16 © ISO Properties, Inc., 2006 SgwY° ="� x6kMowgonadlxMel"n REMEwmnAPPRov®Br. F4� iZ, VAn 11 �' Risk Management Analyst (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attor- neys' fees incurred by us in the defense of that in- demnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litiga- tion expenses as Supplementary Payments ends when we have used up the applicable limit of in- surance in the payment of judgments or settle- ments or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are in- sureds, 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 in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spect 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 du- ties as your officers or directors. Your stock- holders 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 du- ties as trustees. 2. Each of the following is also an insured a. 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 "em- ployees" 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 li- ability company), to a co"employee" while in the course of his or her em- ployment or performing duties related to the conduct of your business, or to your other "volunteer workers" while perform- ing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volun- teer worker" as a consequence of Para- graph (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 (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or con- trol 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 mem- ber (if you are a limited liability company). CG 00 01 12 07 © ISO Properties, Inc., 2006 REMe& APP B Lkl—ARVW--�. Risk Management Malyst b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. 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. Your legal representative if you die, but only with respect to duties as such. That repre- sentative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named In- sured if there is no other similar insurance availa- ble to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 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. 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 Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. 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. 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 op- erations hazard". 4. Subject to Paragraph 2. above, the Personal and Advertising Injury Limit is the most we will pay un- der Coverage B for the sum of all damages be- cause of all "personal and advertising injury" sus- tained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property dam- age" arising out of any one "occurrence". 6. Subject to Paragraph 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, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Ex- pense Limit is the most we will pay under Cover- age C for all medical expenses because of "bodily injury' sustained by any one person. 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 Umits 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 obliga- tions under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent pos- sible, 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 xW«MvrganadDMdan Rimexm&A"RanDIM Pagel 0 of 16 © ISO Properties, Inc., 2006 Risk Management Analyst (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers 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 en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 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 ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverag- es A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Para- graph b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insur- ance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occu- pied by you with permission of the owner; (III) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rent- ed to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section 1 — Coverage A — Bodily Injury And Property Dam- age Liability. (b) Any other primary insurance available to you covering liability for damages aris- ing out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. (2) 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 de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. CG 00 01 12 07 © ISO Properties, Inc., 2006 •� s Ithk Mnnaga�dlxWvon REMMM & A "avED Ur Risk Management Analyst (3) 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: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self - insured amounts under all that other in- surance. (4) We will share the remaining loss, if any, with any other insurance that is not de- scribed 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 al- so. Under this approach each insurer contrib- utes equal amounts until it has paid its applica- ble 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 lim- it of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance 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 computa- tion, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you made to us; and c. We have issued this policy in reliance upon your representations. 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 in- surance 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 If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The in- sured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 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 expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific mar- ket segments about your goods, products or ser- vices for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web -sites, only that part of a web - site that is about your goods, products or ser- vices for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer de- signed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equip- ment". Page 12 of 16 © ISO Properties, Inc., 2006 RekMw,"gan enLDW1m RwEwED6DDAPPRavEDE1v: FMc4Yn h� A. V�U.v .. [ ®' Ruk Management Anal 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death re- sulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or dam- age arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury' offenses that take place through the Internet or simi- lar electronic means of communication provided the insured's responsibility to pay dam- ages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Employ- ee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. 7. "Hostile fire" means one which becomes uncon- trollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, defi- cient, 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 re- pair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organiza- tion for damage by fire to premises while rent- ed to you or temporarily occupied by you with permission of the owner is not an "insured con- tract'; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition op- erations 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; That part of any other contract or agreement pertaining to your business (including an in- demnification 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. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury' or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in (2) above and supervisory, inspection, ar- chitectural or engineering activities. CG 00 01 12 07 © ISO Properties, Inc., 2006 RiskMvwgonen1DWan PEMEWE0&{A�PPRO�$VV�® BY. � FAFfY.a.i.[ h. VatWiFC RM Mana91mmt Analyst 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto'; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, water- craft or "auto" to the place where it is finally de- livered; 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 at- tached to the aircraft, watercraft or "auto". 12."Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery 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, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building clean- ing, 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 Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or car- go. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment 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 clean- ing, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment' does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehi- cle insurance law in the state 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 "au- tos". 13."Occurrence" means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. 14."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person oc- cupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or or- ganization or disparages a person's or organi- zation's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of priva- cy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". Page 14 of 16 © ISO Properties, Inc., 2006 1iskMom maitDivision REVIEWED & AvvRw®er. ®' Risk Management Analyst 15."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16."Products-completed operations hazard" a. Includes all "bodily injury" and "property dam- age" 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 pos- session; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the fol- lowing 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 con- tract 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 equip- ment or abandoned or unused materials; or (3) Products or operations for which the classi- fication, listed in the Declarations or in a policy schedule, states that products - completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occur- rence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from com- puter 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. 18."Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this in- surance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our con- sent. 19."Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. 20."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21."Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, dis- tributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose busi- ness 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, du- rability, performance or use of "your prod- uct'; and CG 00 01 12 07 © ISO Properties, Inc., 2006 i� RhkMOuganadDiMsian .�K REIAEV 6 APPROVED Sr Risk Management Analyst (2) The providing of or failure to provide warn- ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth- ers but not sold. 22. "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, du- rability, performance or use of "your work", and (2) The providing of or failure to provide warn- ings or instructions. Page 16 of 16 © ISO Properties, Inc., 2006 RkkMaugemadDM90n AAA' .<REaeWEDa/4mRov®sv: °,erusruri�'f40,•nLr.e Z ViLc. d Risk Management AnApt COMMERCIAL GENERAL LIABILITY CG 00 68 05 09 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion q. of Paragraph 2. Exclusions of Sec- tion I — Coverage A — Bodily Injury And Prop- erty Damage Liability is replaced by the follow- ing: 2. Exclusions This insurance does not apply to: q. 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 vio- late: (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 Accu- rate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordi- nance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and addi- tions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmit- ting, communicating or distribution of material or information. B. Exclusion p. of Paragraph 2. Exclusions of Sec- tion I — Coverage B — Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising di- rectly or indirectly out of any action or omis- sion 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 Accu- rate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordi- nance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and addi- tions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmit- ting, communicating or distribution of material or information. CG 00 68 05 09 © Insurance Services Office, Inc., 2008 R6kMvugenmtDiAsian 41l. ,''� "'� REnewo n APPKNm By., Risk Management Analyst POLICY NUMBER: PPP2550838B COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): Effective Date: 08/16/2020 CITY OF SANTA ANA, RISK MANAGEMENT, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND VOLUNTEERS RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, 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; or 2. In connection with your premises owned by or rented to you. 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 o �3 REvEweD APPROVED Sr. ROVa i Rtsk Management Analyst COMMERCIAL GENERAL LIABILITY CG 21 07 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Exclusion - Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability - Limited Bodily Injury Exception Not Included This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I — Coverage A — B. The following is added to Paragraph 2. Bodily Injury And Property Damage Liability is Exclusions of Section I — Coverage B — replaced by the following: Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: 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 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 that which is described in Paragraph (1) or (2) above. 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. 2. Exclusions This insurance does not apply to: 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 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. CG 21 07 05 14 © Insurance Services Office, Inc., 2013 [RenerED&AiTR(7,nD8r. v,+FL�LLL�t�{i I'�hhLyil R. VaL(N1P/�{ ®. 26k Management Analyst COMMERCIAL GENERAL LIABILITY CG 2147 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT -RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., B. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Exclusions of Section I — Coverage B — Per - Injury And Property Damage Liability: sonal And Advertising Injury Liability: This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- crimination or malicious prosecution di- rected at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment - related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury -causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer 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. This insurance does not apply to: "Personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- crimination or malicious prosecution di- rected at that person; 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 of the employment -related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury -causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer 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. CG 21 47 12 07 0 ISO Properties, Inc., 2006 R e&,ED& "Ravm8r �,\llil:lllu/�� Fncrtn�e %, V:UicMicl ®' Risk Management Malys[ - COMMERCIAL GENERAL LIABILITY CG 22 38 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - FIDUCIARY OR REPRESENTATIVE LIABILITY OF FINANCIAL INSTITUTIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A— Bodily Injury And Property Damage Liability: This insurance does not apply to "bodily injury' or "property damage" arising out of the ownership, maintenance or use, including all related opera- tions, of property for which you are acting in a fi- duciary or representative capacity. B. The following exclusion is added to Paragraph 2., Exclusions of Section 1 — Coverage B — Per- sonal And Advertising Injury Liability: This insurance does not apply to "personal and advertising injury' arising out of the ownership, maintenance or use, including all related opera- tions, of property for which you are acting in a fi- duciary or representative capacity. CG 22 38 07 98 Copyright, Insurance Services Office, Inc., 1997 ry�� � �� ® RlskMOugmt Midon f rMWED 6 APPRav® Sr R6k Management Analyst This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMPREHENSIVE PERSONAL LIABILITY INSURANCE PERSONAL - EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA POLICY COMMERCIAL EXCESS LIABILITY POLICY ABSOLUTE WAR OR TERRORISM EXCLUSION The following supersedes the terms and conditions of this policy. If the Policy to which this endorsement is attached contains an exclusion for War, that exclusion is deleted in its entirety and replaced with the following. If the Policy to which this endorsement is attached does not contain an exclusion for War, the exclusion below applies. This insurance does not apply to, and the Company will not defend or pay Loss for, any Claim arising out of, directly or indirectly resulting from, based upon or in any way involving any actual or alleged: (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; (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these; or (4) "Terrorism", including any action taken in hindering or defending against an actual or expected incident of "terrorism" regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage The following definition is added to the Definitions Section: "Terrorism" means activities against persons, organizations or property of any nature: 1. That involve the following or preparation for the following: a. Use or threat of force or violence; b. Commission or threat of a dangerous act; or c. Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and 2. When one or both of the following applies: a. The effect is to intimidate or coerce a government, or to cause chaos among the civilian population or any segment thereof, or to disrupt any segment of the economy; or b. It is reasonable to believe the intent is to intimidate or coerce a government, or to seek revenge or retaliate, or to further political, ideological, religious, social or economic objectives or to express (or express opposition to) a philosophy or ideology. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L-526 (01-15) or ,;7"��,.�'-s,,,� RiskMvwgmunLDMslen i` ' ` RexEwm & ArrRa�m av: g �' . ". f44Z VS41ad Risk Management Analyst This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL UMBRELLA POLICY EXCESS LIABILITY POLICY Absolute Professional Liability Exclusion This policy does not insure against loss or expense, including but not limited to the cost of defense, arising out of or resulting from, directly or indirectly, the rendering of or failure to render professional services of any kind, or any error or omission, malpractice or mistake in the rendering of professional services of any kind, committed or alleged to have been committed by or on behalf of any insured. This exclusion applies to all loss sustained by any person, including emotional distress, whether alleged, threatened or actual including but not limited to negligence or other wrongdoing with respect to: a. Hiring, placement, employment, training, supervision or retention of a person for whom any Insured is or ever was legally responsible; or b. Investigation or reporting to the proper authorities, or failure to so report; or c. The failure to protect any person while that person was in the Insured's care, custody or control. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 549 (04-15) REmEwm&APPRcvm8r atl f�+aUseR.vs-, d MOWRBk Management AnMpt This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Absolute Exclusion For Pollution, Organic Pathogen, Silica, Asbestos And Lead With A Hostile Fire Exception SECTION I- COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, f. Pollution is deleted in its entirety and replaced with the following: f. Pollution, Organic Pathogen, Silica, Asbestos and Lead (1) `Bodily injury" or "property damage"; or (2) Diminishing or lessening in value of property or for damages from the taking, use or acquisition or interference with the rights of others in property or air space; or (3) Loss, cost or expense, including but not limited to payment for investigation or defense, fines and penalties, arising out of any governmental or any private party action, that an insured or any other party test for, monitor, clean up, remove, contain, mitigate, treat, detoxify or neutralize or in any way respond to or assess the actual or alleged effects of "pollutants", "organic pathogens", "silica", asbestos, or lead; arising directly, indirectly, in concurrence with or in any sequence out of the actual, alleged or threatened presence of or exposure to, ingestion, inhalation, absorption, contact with discharge, dispersal, seepage, release or escape of "pollutants", "organic pathogens", "silica", asbestos, or lead, whether or not any of the foregoing are (1) sudden, accidental or gradual in nature; (2) intentional; or (3) expected or intended from the standpoint of the insured. This exclusion applies even if the "pollutant", "organic pathogen", "silica", asbestos, or lead has a function in, or is used by you in your business, operations, premises, site or location. This exclusion does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire" unless that "hostile fire" occurred or originated: (1) At any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; or (2) At 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 to test for, monitor, clean up, remove, contain, treat, detoxify, neutralize or in any way respond to, or assess the effects of, "pollutants". This exclusion does not apply to "bodily injury" or "property damage" arising from the consumption of food products intended for human consumption. L 599 (04-15) ...... RiAMwwga=dDWwt z, REmmm&A"wR By., F,14u:. Z Mm"t ��Risk Manager nt Magst "Pollutants" mean[s] any solid, liquid, gaseous, bacterial, fungal, electromagnetic, thermal or other substance that can be toxic or hazardous, cause irritation to animals or persons and/or cause contamination to property and the environment including smoke, vapor, soot, fumes, acids, alkalis, chemicals, toxic materials, "volatile organic compound" and gases therefrom, radon, combustion byproducts and waste. Specific examples identified as pollutants include, but are not limited to, diesel, kerosene, and other fuel oils ... carbon monoxide, and other exhaust gases ... mineral spirits, and other solvents ... tetrachloroethylene, perchloroethylene (PERC), trichloroethylene (TCE), methylene chloroform, and other dry cleaning chemicals ... chlorofluorocarbons, chlorinated hydrocarbons, adhesives, pesticides, insecticides ... and all substances specifically listed, identified, or described by one or more of the following references: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Priority List Hazardous Substances (1997 and all subsequent editions), Agency for Toxic Substances And Disease Registry ToxFAQsl, and/or U.S. Environmental Protection Agency EMCI Chemical References Complete Index. "Silica" means silica in any form and any of its derivatives, including but not limited to silica dust, silicon dioxide, crystalline silica, quartz, or non -crystalline (amorphous) silica. "Volatile organic compound" means any compound which discharges organic gases as it decomposes or evaporates, examples of which include but are not limited to formaldehyde, pesticides, adhesives, construction materials made with organic chemicals, solvents, paint, varnish and cleaning products. "Waste" means any property intended to be disposed, recycled, reused or reclaimed by the owner or user thereof. "Organic pathogen" means any organic irritant or contaminant, including but not limited to mold, fungus, bacteria or virus, including but not limited to their byproduct such as mycotoxin, mildew, or biogenic aerosol. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 599 (04-15) 'I. MAMumpneniDiwion REMEWM&APPRav®BY. f U."Z .e Z. VXA44j Risk Managem MAnalyst This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Blanket Additional Insured Endorsement Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) for whom you are performing "your work" under a written contract or agreement, that requires such person(s) or organization(s) to be added as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the effective date of such contract or agreement that is caused, in whole or in part by: 1) Your acts or omissions; or 2) The acts or omissions of those acting on your behalf, in the performance of "your work" for the additional insured. Coverage for an additional insured under this endorsement ends when "your work" for that additional insured ends or is put to its intended use by any person or organization. EXCLUSIONS There is no coverage under this endorsement for loss or expense, including but not limited to the cost of defense for "bodily injury", "property damage" or "personal and advertising injury" occurring: 1) After all of "your work", including materials, parts or equipment furnished in connection with "your work" and performed under the above referenced written contract(s) or agreement(s) has ended; or 2) When that portion of "your work" out of which the "bodily injury", "property damage" or "personal and advertising injury" arises and performed under the above referenced written contract(s) or agreement(s) has been put to its intended use by any person or organization; whichever occurs first. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 712 (04-15) .! fipp ®DDBY.' �AfrT(NF: t4 1%:.illvN�cQ Risk Management Analyst This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM AMENDMENT OF OTHER INSURANCE CONDITION: PRIMARY AND NON-CONTRIBUTORY - DESIGNATED PERSON OR ORGANIZATION SCHEDULE Name of Person or Organization: Effective Date: 08/16/2020 CITY OF SANTA ANA, RISK MANAGEMENT, IT'S OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND VOLUNTEERS AS ADDITIONAL INSURED. RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 92702 2020 FROUDE ST SAN DIEGO, CA 92107 If no applicable entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4.Other Insurance, is amended by the addition of the following: This insurance is primary and non-contributory as respects our coverage for the other person or organization named in the Schedule. We will not seek contribution from any other insurance policy available to the person or organization named in the Schedule for "bodily injury", "property damage" or "personal and advertising injury" covered under this policy. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 722 (12-17) RWcMvugemwttntvWwt REviE & APPRove) Br Risk Management Analyst ,' This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Amendment Of Liquor Liability Exclusion It is agreed: SECTION I — COVERAGES; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; 2. Exclusions; c. Liquor Liability is deleted in its entirety and replaced with the following: "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. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 783 (04-15) " Mvugo d Widan '"+�I' RenEwmSM1r1'R'.'w'II®Bv: ` ®' Risk Management Malys{ { This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM Throughout this policy, with the exception of SECTION H — WHO IS AN INSURED; when the word "insured(s)" is used it shall mean "any insured(s)". All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. LLQ 100 (04-15) Risk mowganedDmsbn REMenEo 6 APPRovE) Sr. Risk Management Analyst This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM Separation Of Insureds Clarification Endorsement It is agreed that SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS and SECTION IV — LIQUOR LIABILITY CONDITIONS; 7. Separation Of Insureds is deleted in its entirety and replaced with the following: Separation of Insureds The Limits of Insurance of this policy 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, but nothing in this endorsement shall serve to increase the Limits of Insurance beyond the Per occurrence, per person, per premises, per common cause, aggregate or any similar limit stipulated in the Declarations. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. LLQ 368 (04-15) RhkMwPgen entDMsbn RenEWEo 6 APPROVED ar: ®' Risk Management Matyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE POLLUTION EXCLUSION - PROFESSIONAL The following supercedes the terms and conditions of this policy. This insurance does not apply: 1. to any loss, cost or expense in connection with any Claim made against any Insured; 2. to damages for devaluation of property or for the taking, use or acquisition or interference with the rights of others in property or air space; 3. to any loss, cost or expense, including but not limited to fines and penalties, arising out of any governmental direction or request, or any private party or citizen action, that an Insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize "pollutants", or 4. to any litigation or administrative procedure in which an Insured may be involved as a party; arising directly, indirectly, or in concurrence or in any sequence out of actual, alleged or threatened existence, discharge, dispersal, release or escape of "pollutants", whether or not such actual, alleged or threatened existence, discharge, dispersal, release or escape is sudden, accidental or gradual in nature. In addition, this insurance does not apply to any loss, cost or expense arising out of or related to any form of "pollutant", whether or not such actual, alleged or threatened existence, discharge, dispersal, release or escape is intentionally caused, or whether or not such injury, damage, devaluation, cost or expense is expected or intended from the standpoint of the Insured. This exclusion applies even if such "pollutant" has a function in, or is used by any Insured in the Insured's business, operations, premises, site or location. "Pollutants" means noise or any solid, liquid, gaseous or thermal irritant or contaminant, including but not limited to smoke, vapor, soot, fumes, acids, alkalis, chemicals, toxic materials, asbestos, lead, electromagnetic radiation, "volatile organic compound" and gases therefrom, radon, combustion byproducts and "waste". "Volatile organic compound" means any compound which discharges organic gases as it decomposes or evaporates, examples of which include but are not limited to formaldehyde, pesticides, adhesives, construction materials made with organic chemicals, solvents, paint varnish and cleaning products. "Waste" means any property intended to be disposed, recycled, reused or reclaimed by the owner or user thereof. All other terms and conditions remain unchanged. PROF-001 (6/01) yg�o „R Rsknm,.�uw.�n CCRENEWED6{APPR/v�EDSYp�. f'1aNYM� R. VKiw1lfi O ® Risk Managem n[Anayst UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: REAL ESTATE AGENTS ERRORS AND OMISSIONS LIABILITY POLICY MOLD, FUNGUS, BACTERIA, VIRUS AND ORGANIC PATHOGEN EXCLUSION It is hereby agreed the following is added to Section VII. DEFINITIONS: K. "Organic Pathogen' means any organic irritant or contaminant, including but not limited to mold, fungus, bacteria or virus, including but not limited to their byproducts such as mycotoxin, mildew, or biogenic aerosol. It is hereby agreed that Section VIII. EXCLUSIONS, C. CONTAMINANTS, POLLUTANTS, HAZARDOUS MATERIALS, IRRITANTS, TOXIC SUBSTANCES, PATHOLOGICAL CONDITIONS EXCLUSION, paragraph I., is amended to add the following: (c) (1) any Claim made against any Insured; or (2) the devaluation of property or for the taking, use, acquisition or interference with rights of others in property or air space; or (3) fines and penalties, arising out of any governmental direction or request, or any private party or citizen action, that an Insured test for, monitor, clean-up, remove, contain, treat, detoxify, or neutralize Organic Pathogens; or (4) Any litigation or administrative procedure in which an Insured may be involved as a ply; arising directly, indirectly, or in concurrence or in any sequence out of actual, alleged or threatened existence, discharge, dispersal, release or escape of Organic Pathogens, whether or not such actual, alleged or threatened existence, discharge, dispersal, release or escape is sudden, accidental or gradual in nature. (d) any actual or alleged water damage or failure to discover or disclose water damage that results in the existence of an Organic Pathogen. (e) any form of Organic Pathogen, whether or not such actual, alleged or threatened existence, discharge, release or escape is intentionally caused or whether or not such injury, damage, devaluation, cost or expense is expected or intended from the standpoint of an Insured or whether it is alleged that an Insured failed to discover or disclose the existence of Organic Pathogens from any source whatsoever. All other terms and conditions of the Policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. PROF 002 (05-07) ltnmwon VL[AD Risk Management Analyst SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM NOTICE: This is a Claims -Made Policy. This Policy covers only those Claims first made against the Insured during the Policy Period or Extended Reporting Period, if purchased. In consideration of the payment of the premium and reliance upon all statements made and information furnished to the Company, including the statements made in the Application and all attachments and materials submitted therewith and subject to all the provisions of this Policy, the Company agrees as follows: L INSURING AGREEMENTS A. B. C. Ira The Company will pay on behalf of the Insured, Loss in excess of the Deductible not exceeding the Limit of Liability shown on the Policy Declarations for which this coverage applies that an Insured shall become legally obligated to pay because of Claims first made against an Insured during the Policy Period or if applicable, during the Extended Reporting Period, for Wrongful Acts or Wrongful Acts resulting in Personal Injury, arising solely out of an Insured's duties on behalf of the Named Insured or Subsidiary. The Company will pay on behalf of the Insured any Loss in excess of the Deductible not exceeding the Limit of Liability as described in Section VI.C. to which this coverage applies that an Insured shall become legally obligated to pay because of a Claim(s) alleging Third Party Discrimination, provided that such Claim(s) arises out of a Wrongful Act of an Insured and is first made against an Insured during the Policy Period or if applicable during the Extended Reporting Period. The Company has the right and duty to defend any Claim to which this insurance applies, even if the allegations of the Claim are groundless, false or fraudulent. The Company will reimburse the reasonable expenses incurred by an Insured, including loss of wages, if the Insured is required by the Company to attend arbitration proceedings, trial or a hearing in defense of a Claim, in the amount of $250 per day for each Insured who attends such proceedings at the Company's request, subject to a maximum of $5,000 per Claim. Payments made pursuant to this provision shall be in addition to the Limits of Liability shown in the Policy Declarations. The Deductible amount stated in the Policy Declarations shall not apply to the payments made by the Company pursuant to this provision. II. FULL PRIOR ACTS COVERAGE PROVISION Coverage shall apply to any Claim made against an Insured for a Wrongful Act arising solely out of the Insured's duties on behalf of the Named Insured or Subsidiary committed prior to the expiration date of this Policy or the effective date of cancellation or non - renewal of this Policy, if applicable, provided that the SP (07-09) Claim is first made during the Policy Period, or the Extended Reporting Period, if applicable. However, coverage shall not apply to any Claim based upon or arising out of any Wrongful Act or circumstance likely to give rise to a Claim of which the person or persons signing the Application had knowledge, or otherwise had a reasonable basis to anticipate might result in a Claim, prior to the earlier of: A. The inception date of this Policy; or B. The inception date of the first Policy of this type the Company has issued to the Named Insured, provided the Company has written continuous coverage for the Named Insured from such date to the inception date of this Policy. III. DEFINITIONS The following defined words have a special meaning and are highlighted throughout this Policy by bold print. A. "Application" means: 1. An application(s) and any material submitted for this Policy, and 2. An application(s) and any material submitted, for all previous Policies issued by the Company providing continuous coverage until the inception date of this Policy. The content of 1. and 2., above, are incorporated by reference in this Policy as if physically attached hereto. B. "Claim' means: 1. A demand for money as compensation for a Wrongful Act, or 2. Any judicial or administrative proceeding, including a Disciplinary Proceeding, mediation or arbitration initiated against any Insured seeking to hold such Insured responsible for a Wrongful Act, including any appeal therefrom; 3. Any request to toll the statute of limitations relating to a potential Claim involving an alleged Wrongful Act. A Claim shall be considered first made when any Insured or the Insured's legal representative or agent first receives notice of a Claim. C. "Claim Expenses' mea necessary legal fees and ,,�� rp �.. RWENM&A"W®BY' Risk Management Analyst '- the Company or by any attorney designated by the Company to defend any Insured and all other fees, costs, costs of attachment or similar bonds (without any obligation on the part of the Company to apply for or furnish such bonds) resulting from the investigation, adjustment, defense and appeal of a Claim, but does not include salaries, wages, overhead or benefits expenses of any Insured. D. "Company' means the insurer identified in the Policy Declarations. E. "Disciplinary Proceeding' means any proceeding by a licensing board, accreditation body or governmental agency with authority to regulate the Professional Services performed by an Insured or to investigate charges of wrong doing by an Insured in the rendering or failing to render Professional Services. F. "Domestic Partner" means any natural person qualifying as a domestic partner under the provisions of any applicable federal, state or local law. G. "Insured" means: 1. The individual, partnership, corporation or other entity specified as the Named Insured in ITEM I. of the Policy Declarations and shall include any partner, director, officer or employee thereof while acting within the scope of their duties as such; 2. Any former or retired partner, director, officer or employee of the Named Insured, but only for those Professional Services rendered on behalf of the Named Insured or Subsidiary prior to the date of separation or retirement from the Named Insured or Subsidiary; 3. Any independent contractor under contract with the Named Insured while acting solely on the Named Insured's behalf; 4. Any Subsidiary of the Named Insured; 5. In the event of death, incompetency, insolvency or bankruptcy of any Insured, such Insured's legal representative while acting within the scope of his or her duties as such. H. "Loss" means damages and settlements and pre -judgment and post -judgment interest awarded by a court and punitive or exemplary damages to the extent such damages are insurable under applicable law, but does not include that portion of any multiplied damage award which exceeds the amount multiplied, criminal or civil fines or penalties imposed by law, taxes, matters deemed uninsurable under the law pursuant to which this Policy shall be construed, or the return or dispute over, in whole or in part, of any fees charged or collected by the Insured. For the purpose of determining the insurability of punitive damages and exemplary damages, the SP (07-09) J. K. L. M. I:f P laws of the jurisdiction most favorable to the insurability of such damages shall control, provided that such jurisdiction has a substantial relationship to the Named Insured or to the Claim giving rise to the damages. "Named Insured" means the Named Insured stated in the Policy Declarations. "Parent Organization" means any entity that owns more than fifty percent (50%) of the Named Insured as of the effective date of this Policy. "Personal Injury" means: 1. Wrongful entry or eviction or other invasion of private occupancy; or 2. The publication or utterance of a libel or slander or other defamatory or disparaging material, including libel, slander, defamation or disparagement of the goods, products or services of a third -party; or 3. A publication or an utterance constituting an invasion, infringement or interference with a third-party's right of privacy or publicity; or 4. False arrest, detention or imprisonment or malicious prosecution. "Policy Period" means the period from the effective date of this Policy set forth in the Policy Declarations to the expiration date or the effective date of cancellation or non -renewal, if any. "Professional Services" means services rendered to others for a fee solely in the conduct of the Insured's profession as stated in ITEM \/Ill. of the Policy Declarations, including such services provided electronically utilizing the Internet or a network of two or more computers. "Subsidiary" means, for the purpose of this Policy, any entity which is more than fifty percent (50%) owned or controlled by the Named Insured as of the effective date of this Policy and is disclosed as a subsidiary in an Application to the Company or any entity which becomes more than fifty percent (50%) owned or controlled by the Named Insured during the Policy Period subject to the provisions of Section XXI. of this Policy. "Third Party Discrimination" means discrimination by an Insured against any person with whom an Insured in their capacity as such interacts while providing Professional Services related to the conduct of the Named Insured's business on the basis of age, sex, race, color, religion, disability, pregnancy, familial status, marital status, national origin, sexual preference or other protected class or characteristic established under applicable federal, state or local statute or ordinance. "Wrongful Act" means any actual or alleged error, omission or neglig in the rendering of or fail Professional Services :: ` "'ate C� DhUlm RenEwm n APPROVD Br: Fnaat n.t J., VtC A"d Risk Management nnaipt person, including an independent contractor acting on the behalf of the Named Insured or Subsidiary, for whom the Insured is legally liable in the rendering of Professional Services. The same Wrongful Act, an interrelated series of Wrongful Acts or a series of similar or related Wrongful Acts by one or more Insureds shall be deemed to be one Wrongful Act and to have commenced at the time of the earliest Wrongful Act. IV. EXCLUSIONS The Company shall not be liable to make payment for Loss or Claims Expenses in connection with any Claim made against an Insured arising out of, directly or indirectly resulting from or in consequence of or in any way involving: A. Conduct by any person that is criminal, fraudulent, dishonest or with the intent to cause damage or the gaining by any Insured of any personal profit, remuneration or advantage to which an Insured was not legally entitled; provided however, this exclusion shall not apply to Claims Expense incurred until a final judgment or adjudication is rendered against the Insured as to this conduct; or B. Any Claim by or on behalf of any Insured against any other Insured; or C. Any actual or alleged bodily injury, sickness, disease, or death of any person, or damage to or destruction of any tangible property, including the loss of use thereof; or D. Any actual or alleged failure to effect or maintain any insurance or bond; or E. Any actual or alleged activity by any Insured in a fiduciary capacity as respects any employee benefit or pension plan under the Employee Retirement Income Security Act of 1974 (ERISA) or any amendments thereof or similar state, federal or local statutory laws or common law; or F. Any actual or alleged violation of any securities, anti-trust, restraint of trade, unfair trade practices, consumer protection, or other similar law by any person, including but not limited to any Insured; or G. Any express warranties or guarantees by any Insured, or liability assumed by any Insured under a contract unless the Insured would have been legally liable in the absence of such contract; or H. Any prior or pending litigation, administrative, disciplinary or regulatory proceeding, Claim, demand, arbitration, decree, or judgment of which any Insured had notice before the effective date of this Policy, or any fact, circumstance, event, situation, or Wrongful Act which before the effective date of this Policy was the subject of any notice to any Insured; or any future Claims or litigation based upon such prior SP (07-09) J. K. L. WA actions or proceedings or derived from the same or essentially the same actual or alleged facts; provided that, if this Policy is a renewal of a Policy or Policies previously issued by the Company and if the coverage provided by the Company was continuous from the effective date of the first such other Policy to the effective date of this Policy, the reference in this exclusion to "effective date" will mean the effective date of the first Policy under which the Company first provided continuous coverage to the Insured; or Any actual or alleged refusal to employ, termination of employment, or employment related coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, or discrimination of employment, or other employment -related practices, policies, acts or omissions; or The actual, alleged or threatened discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, lead, liquids or gases, waste materials, or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water, whether or not such actual, alleged or threatened discharge, dispersal, release or escape is sudden, accidental or gradual in nature, or any cost or expense arising out of any request, demand, or order that the Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize any pollutants; or The performance of or failure to perform Professional Services for: 1. Any Insured, or 2. Any entity owned or controlled by any person or entity included within the definition of Insured, or 3. Any person or entity which owns or controls any entity included within the definition of Insured, or 4. Any entity which is under common ownership or control with any entity included within the definition of Insured, or S. Any entity of which any person included within the definition of Insured is a director, officer, partner or more than a three percent (3%) shareholder; or Any actual or alleged infringement of any copyright, patent, trademark, trade name, trade dress or service mark; or wrongful appropriation, use, or disclosure of trade secrets by any person, including but not limited to any Insured; or Any actual or alleged failure of any Insured's products or services to prevent unauthorized access to or use of any electronic system or program unless such unauthorized access or use is the result of a malfun service provided by an In Ruk Midon RENEWED n APPROVED By. Risk Management Analyst specifically intended to prevent such unauthorized access or use; or N. Any actual or alleged failure of any Insured to honor an Insured's cost guarantee or cost estimates for Professional Services rendered or to be rendered; or O. Any fee dispute or suit for fees initiated by any Insured against any past or current client of the Insured; or P. Any actual or alleged rendering or failure to render investment or insurance counseling or C. advice; the purchase or selling of, or failure to purchase or sell an investment or insurance of any kind; or any Insured's advice, promise(s) or guarantee(s) regarding the future value of any investments or interest rate or rate of return; or any Insured's advice, promise(s) or guarantee(s) regarding the coverage provided or not provided by insurance of any kind. V. DEFENSE AND SETTLEMENT D. A. The Company, as it deems expedient, has the right to investigate, adjust, defend, appeal and, with the consent of an Insured, negotiate the settlement of any Claim whether within or above the Deductible. If an Insured refuses to consent to a settlement recommended by the Company, the Company's obligation to any Insured for Loss and Claims Expense attributable to such Claim(s) shall be limited to: 1. The amount of the covered Loss in excess of the Deductible which the Company would have paid in settlement at the time the Insured first refused to settle; 2. Plus covered Claims Expenses incurred up to the date the Insured first refused to settle; 3. Plus seventy-five percent (75%) of covered Claims Expenses and Loss in excess of the first settlement amount recommended by the Company to which the Insured did not consent. Payment of 1., 2. and 3., above, is the limit of the Company's liability under this Policy on any Claim in which the Insured fails or refuses to consent to the Company's settlement recommendation, subject at all times to the Limits of Liability and Deductible provisions. The remaining twenty-five percent (25%) of Loss and Claims Expenses in excess of the amount referenced in 1. and 2., above, shall be the obligation of the Insured. B. All Insureds agree to cooperate with the Company, and provide such assistance and information as the Company may reasonably request. Upon the Company's request, any Insured shall submit to examination and interrogation by a representative of the Company, under oath if required, and shall attend hearings, depositions, trials and shall SP (07-09) assist in the conduct of suits, including but not limited to effecting settlement, securing and giving evidence, obtaining the attendance of witnesses, giving written statements to the Company's representatives and meeting with such representatives for the purpose of investigation and/or defense, all of the above without charge to the Company. All Insureds further agree not to take any action which may increase any Insured's or the Company's exposure for Claims Expense or Loss. All Insureds shall execute all papers required and shall do everything that may be necessary to secure and preserve any rights of indemnity, contribution or apportionment which an Insured or the Company may have, including the execution of such documents as are necessary to enable the Company to bring suit in an Insured's name, and shall provide all other assistance and cooperation which the Company may reasonably require. An Insured shall not demand or agree to arbitration of any Claim without the written consent of the Company. An Insured shall not, except at personal cost, make any offer or payment, admit any liability, settle any Claim, assume any obligation, or incur any expense without the Company's written consent. VI. LIMITS OF LIABILITY AND DEDUCTIBLE Regardless of the number of Insureds under this Policy, Claim(s) made or brought on account of Wrongful Act(s) or otherwise, the Company's liability is limited as follows: A. For Claims arising under Section I.A. of this Policy, the Limit of Liability specified in the Policy Declarations as the ANNUAL AGGREGATE shall be the maximum liability for Loss for all Claims; B. For Claims arising under Section I.A. of this Policy, the Limit of Liability specified in the Policy Declarations as the Limit for EACH CLAIM shall be the maximum liability for Loss for each Claim; C. For Claims arising under Section I.B. of this Policy, subject to the ANNUAL AGGREGATE Limit of Liability specified in the Policy Declarations, the Limit of Liability for the total of Loss plus Claims Expense shall not exceed $25,000. D. For Claims arising under Section I.A. of this Policy, Claims Expenses shall be in addition to the LIMITS OF LIABILITY as shown in the Policy Declarations. E. The DEDUCTIBLE amount stated in the Policy Declarations shall apply to Loss and Claims Expenses and shall apply to each and every Claim. The Company shall only be liable to pay, subject to the Limits of Liahility provisions stated above, for Loss plus ClafR oLLu REmemm 6 APPROVED Br Risk Management Analyst excess of such Deductible, and such Deductible shall not be insured under this Policy. F. The Limit of Liability for the Extended Reporting Period, if applicable, shall be part of and not in addition to the LIMITS OF LIABILITY specified in the Policy Declarations. G. Claims based upon or arising out of the same Wrongful Act, interrelated Wrongful Acts, or a series of similar or related Wrongful Acts shall be considered a single Claim subject to one Claim Limit and shall be considered first made during the Policy Period or Extended Reporting Period, if applicable, in which the earliest Claim arising out of such Wrongful Act(s) was first made and all Loss from such Claims shall be subject to the one Limit of Liability that applies to such earliest Claim. H. The Limits of Liability of this Policy apply separately to each consecutive annual period and to any remaining period of less than twelve (12) months, starting with the beginning of the Policy Period shown in the Policy Declarations, unless the Policy Period is extended after issuance for an additional period of less than twelve (12) months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Liability. VII. ADDITIONAL INSURED STATUS FOR PARENT ORGANIZATION The Parent Organization is named as an Additional Insured, but only as respects Claims arising out of any negligent act, error, omission or Personal Injury in rendering or failure to render Professional Services by any individual or entity of the Named Insured. VII1. SPOUSAL AND DOMESTIC PARTNER EXTENSION If a Claim against an Insured includes a Claim against the lawful spouse or Domestic Partner of such Insured, based solely on (a) such spouse's or Domestic Partner's status or (b) such spouse's or Domestic Partner's ownership interest in property or assets that are sought as recovery for Wrongful Acts, then any Loss which such spouse or Domestic Partner becomes legally obligated to pay on account of (a) or (b) above shall be deemed a Loss which the Insured becomes legally obligated to pay. All definitions, exclusions, terms and conditions of this Policy, including the Deductible, applicable to any Claim against or Loss sustained by such Insured shall also apply to this coverage extension. The extension of coverage afforded by this section, Section VHL, shall not apply to any Claim arising out of, resulting from, caused by directly or indirectly any Wrongful Act, error, omission, misstatement, SP (07-09) misleading statement or neglect or breach of duties by a spouse or Domestic Partner. IX. POLICY TERRITORY This policy shall extend to any Wrongful Act committed anywhere in the world provided the Claim is first made against the Insured within the United States of America, its territories or possessions, or Canada. X. EXTENDED REPORTING PERIOD A. If the Policy expires, is cancelled or non -renewed for any reason other than non payment of premium, the Named Insured shall have the right to purchase an Extended Reporting Period to report any Claim(s) first made against an Insured during the twelve (12) months, or twenty-four (24) months or thirty-six (36) months after the effective date of such expiration, cancellation or non -renewal (depending upon the Extended Reporting Period purchased). An Extended Reporting Period shall only apply to a Wrongful Act committed before the date of the Policy expiration, cancellation or non -renewal. For the purpose of this clause, any change in premium terms or terms on renewal shall not constitute a refusal to renew. B. The additional premium for the Extended Reporting Period shall be sixty-five percent (65%) of the annual premium set forth in the Policy Declarations for the twelve (12) month period; one hundred twenty-five percent (125%) of the annual premium set forth in the Policy Declarations for the twenty-four (24) month period; and one hundred ninety-five percent (195%) of the annual premium set forth in the Policy Declarations for the thirty-six (36) month period. The Extended Reporting Period begins on the expiration date or the effective date of cancellation or non -renewal of the Policy. The Named Insured must notify the Company in writing and must pay the additional premium due no later than thirty (30) days after the effective date of such expiration, cancellation or non - renewal. C. All premiums paid with respect to the Extended Reporting Period shall be deemed fully earned as of the first day of the Extended Reporting Period. D. The Limits of Liability available during the Extended Reporting Period shall not exceed the balance of the Limits of Liability available on the expiration date or effective date of the cancellation or non -renewal of the Policy. E. Coverage for Claim(s) first received and reported during the Extended Reporting Period shall be excess over any other valid and collectible insurance providing coverage for such Claim(s). XI. NOTICE/CLAIM REPO ,gym RWeMnuga�rDhielwt gy RenerM 6 MPRovm ar. R6k Management Anayn Notice hereunder shall be given in writing to the Company. If mailed, the date of mailing of such notice shall constitute the date that such notice was given and proof of mailing shall be sufficient proof of notice. A. As a condition precedent to exercising any right to coverage under this Policy, the Insured shall give to the Company written notice of a Claim or circumstance which could be expected to give rise to a Claim being made against an Insured as soon as practicable, but: 1. If the Policy expires, is cancelled or is non - renewed and if no Extended Reporting Period is purchased, no later than sixty (60) days after the expiration date or the effective date of such cancellation or non -renewal; or 2. If an Extended Reporting Period is purchased, no later than the last day of the Extended Reporting Period. B. If written notice of a Claim or circumstance which could be expected to give rise to a Claim being made against an Insured has been given to the Company pursuant to Subsection A. above, then any Claim which is subsequently made against the Insured and reported to the Company alleging, arising out of, based upon or attributable to the facts alleged in the Claim or circumstance which could be expected to give rise to a Claim being made against an Insured of which notice was given, shall be considered made at the time such notice was given. XII. CANCELLATION OR NON -RENEWAL A. This Policy may be canceled by the Named Insured by either (1) surrender of the Policy thereof to the Company at its address stated on the Policy Declarations or (2) by delivering to the Company written notice requesting cancellation and in either case stating when, thereafter such cancellation shall be effective. B. If the Policy is canceled by the Named Insured for a reason other than the closing or sale of the Named Insured's business or the death of the sole proprietor where the Named Insured is a sole proprietorship, the Company shall retain the customary short rate proportion of the premium. C. If the Policy is canceled by the Named Insured due to the closing or sale of the Named Insured's business or the death of the sole proprietor where the Named Insured is a sole proprietorship, the Company will calculate the return premium on a pro-rata basis. D. The Company may cancel this Policy only in the event of the failure of the Insured to pay the premium when due by mailing to the Named Insured written notice when, not less than ten (10) days thereafter, such cancellation shall be effective. SP (07-09) E. In the event the Company refuses to renew this Policy, the Company shall mail to the Named Insured, not less than sixty (60) days prior to the end of the Policy Period, written notice of non - renewal. Such notice shall be binding on all Insureds. F. The Company shall mail notice of Cancellation or Non -renewal with a certificate of mailing stating the effective date of Cancellation or Non - renewal and the specific reason(s) for Cancellation or Non -renewal, which shall become the end of the Policy Period. Mailing of such notice shall be sufficient notice of Cancellation or Non -renewal. G. If the Policy is canceled by the Company, earned premium shall be computed pro rate. Premium adjustment may be made at the time cancellation is affected or as soon as practicable thereafter. XIII. REPRESENTATIONS AND SEVERABILITY A. The Insureds represent that the particulars and statements contained in the Application are true and agree that (1) those particulars and statements are the basis of this Policy and are to be considered as incorporated into and constituting a part of the Policy; (2) those particulars and statements are material to the acceptance of the risk assumed by the Company; and (3) this Policy is issued in reliance upon the truth of such representations. B. Except for material facts or circumstances known to the person or persons signing the Application, no statement in the Application of knowledge or information possessed by an Insured shall be imputed to any other Insured for the purpose of determining the availability of coverage. XIV. SUBROGATION In the event of any payment under this Policy, the Company shall be subrogated to an Insured's right of recovery therefore against any person or entity and the Insured shall execute and deliver such instruments and papers and do whatever else is necessary to secure such rights. The Insured shall not do anything to prejudice such rights. XV. CHANGES Notice to any agent or knowledge by any agent shall not effect a waiver or change in any part of this Policy or stop the Company from asserting any right under the terms of this Policy, nor shall the terms of this Policy be waived or changed except by an endorsement, issued to form a part of this Policy. XVI. AUTHORIZATION CLAUSE AND NOTICES By acceptance of this Policy, the Insured agrees that the Named Insured shall ac Insureds with respect to the ,%sx`'0 t ,�j�s Renexw&MrRcvmarFf : foncj.V:LLauC ®' Risk Manager nt Analyst any return premiums that may become due under the Policy. Notice to the Named Insured shall be directed to the individual named in the Application, or such other person as shall be designated by the Named Insured in writing, at the address of the Named Insured. Such notice shall be deemed to be notice to all Insureds. The Named Insured shall be the agent of all Insureds to effect changes in the Policy or purchase an Extended Reporting Period. XVII. ASSIGNMENT Assignment of interest under this Policy shall not bind the Company until its consent is endorsed hereon. XVIII. OTHER INSURANCE The Policy is excess of other existing insurance, including but not limited to any insurance under which there is a duty to defend, unless such other insurance is specifically written to be in excess of this Policy. XIX. TERMS OF POLICY CONFORMED TO STATUTE Terms of this Policy which are in conflict with the statutes of the state wherein this Policy is issued are hereby amended to conform to such statutes. XX. CHANGES IN CONTROL If after the Inception Date of this Policy: 1. The Named Insured merges into or consolidates with another entity such that the Named Insured is not the surviving entity; or 2. Another entity, person, or group of entities or persons acting in concert acquire more than fifty percent (50%) of the assets of the Named Insured; or 3. Another entity, person, or group of entities and/or persons acting in concert acquires the right to elect or select a majority of the directors of the Named Insured; or 4. The Named Insured sells all or substantially all of its assets, the above events being referred to as a "Transaction," this Policy shall continue in full force and effect until the expiration date of the Policy, or the effective date of non -renewal, if applicable, with respect to Wrongful Acts occurring before the Transaction, but there shall be no coverage under this Policy for actual or alleged Wrongful Acts occurring on or after the Transaction. The Named Insured shall give the Company written notice of the Transaction as soon as practicable, but not later than thirty (30) days after the effective date of the Transaction. As of the effective date of any Transaction, the entire premium for this Policy shall be deemed fully earned. In the event of a SP (07-09) Transaction, the Named Insured shall have the right to an offer of coverage by the Company for an Extended Reporting Period to report Wrongful Acts occurring prior to the effective date of the Transaction. XXI. ACQUISITION OR CREATION OF ANOTHER ENTITY If, after the beginning of the Policy Period, the Named Insured: 1. Acquires substantially all of the assets of another entity; or 2. Acquires voting securities in another entity or creates another entity, which as a result of such acquisition or creation becomes a Subsidiary; or 3. Acquires another entity by merger such that the Named Insured is the surviving entity, then the coverage provided under this Policy shall apply to such new creation or acquisition; but only with respect to Wrongful Acts occurring or allegedly occurring after the acquisition, merger or creation. As a condition for any coverage under this section (Section XXI.), if the current year annual gross receipts of the new entity created or acquired under Paragraphs 1., 2. or 3., above, exceed fifteen percent (15%) of the current year annual gross receipts of the Named Insured as reflected in the most recent Application on file with the Company, then coverage for such newly created or acquired entity will cease ninety (90) days after the effective date of such creation or acquisition unless, within such ninety (90) day period: 1. The Named Insured provides the Company with written notice of such creation or acquisition; and 2. The Named Insured provides the Company with such information in connection therewith as the Company may deem necessary; and 3. The Named Insured accepts any special terms, conditions, exclusions, or additional premium charge as may be required by the Company; and 4. The Company, in its sole discretion, agrees by written endorsement to provide such coverage. The Named Insured is not required to provide written notice to the Company under this section if (1) the current year annual gross receipts of the newly created or acquired entity do not exceed fifteen percent (15%) of the current year annual gross receipts of the Named Insured as reflected in the most recent Application on file with the Company; or (2) the creation or acquisition occurs less than ninety (90) days prior to the end of the Policy Period. XXII. ACTION AGAINST 7 Risk U do;a..„rRC\c REw.6M OF a�) f R. A®' R6k Managem A. B. No action shall lie against the Company unless as a condition precedent thereto, there shall have been full compliance with all of the terms of this Policy, and until the amount of an Insured's obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the Claimant or the Claimant's legal representative, and the Company. Any person or the legal representatives thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded by this Policy. No person or entity shall have any right under this Policy to join the SP (07-09) Company as a party to any action against the Insured to determine the Insured's liability, nor shall the Company be impleaded by the Insured or their legal representatives. Bankruptcy or insolvency of the Insured or their successors in interest shall not relieve the Company of its obligations hereunder. XXIII. ACCEPTANCE This Policy embodies all agreements existing between the parties hereunder or any of their agents relating to this insurance. W,k Mmkipment Division REVIEWED 6 APPROVE) Br. '®' Risk Management Anairst UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM RETROACTIVE DATE ENDORSEMENT Section H. FULL PRIOR ACTS COVERAGE PROVISION, is deleted in its entirety and replaced with the following: In consideration of the premium paid, it is agreed that the Company shall not be liable to make any payment for Loss or Claim Expenses in connection with any Claim made against any Insured based upon, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving a Wrongful Act committed, or alleged to have been committed prior to 08/16/2018. Coverage shall also not apply to any Claim based upon or arising out of any Wrongful Act or circumstances likely to give rise to a Claim of which any Insured had knowledge, or otherwise had basis to reasonably anticipate might result in a Claim, prior to the inception of this Policy (including, but not limited to, any prior Claim or possible Claim or circumstance referenced in the Application.) All other terms and conditions of this Policy remain unchanged. This endorsement is a part of the Insured's Policy and takes effect on the effective date of the Insured's Policy, unless another effective date is shown. SP 210 (07-09) 1I��1.t1-�M:C xWeMnugrmentDiNefun rBtviewm & Apptlro�v)® By. r�(hK Imo. V�6.t/✓tP�(e �' Risk Manager nt M4pt UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY PRO SECURITY+ ENDORSEMENT Unless otherwise stated herein, the terms, conditions, exclusions and other limitations set forth in this endorsement are solely applicable to coverage afforded by this endorsement. This endorsement is part of and subject to the provisions of the Policy to which it is attached. I. SCHEDULE OF ADDITIONAL COVERAGES AND LIMITS The following is a summary of Coverages and Limits of Liability provided by this endorsement. COVERAGE A. Transmission of Malicious Code Liability Coverage B. Unauthorized Access Liability Coverage C. Professional Reputation Restoration Expense Coverage D. Lifetime Occurrence Reporting Provision for Retired, Disabled, or legal representatives of Deceased Sole Proprietors or a Sole Stockholder of Professional Corporations when acting in their capacity as such. E. Pro -Bono Services Liability Coverage SP 283 (04-13) LIMIT OF LIABILITY Included in the EACH CLAIM and IN THE AGGREGATE policy limits shown on the Policy Declarations Included in the EACH CLAIM and IN THE AGGREGATE policy limits shown on the Policy Declarations $50,000 EACH CLAIM $50,000 IN THE AGGREGATE Included in the EACH CLAIM and IN THE AGGREGATE policy limits shown on the Policy Declarations Included in the EACH CLAIM and IN THE AGGREGATE policy limits shown on the Policy Declarations W&M&%0W l oMdm %,,,_,„•�.� REVIEYfIm&APPROVEDBY.' ®' Risk Management Analyst II. COVERAGES: Words shown in bold shall have the meaning provided in section III. DEFINITIONS of this endorsement or as provided in the SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM, SECTION III. DEFINITIONS, as applicable. Where applicable, other terms used in this endorsement shall have the same meaning as defined in the SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM. A. Transmission of Malicious Code Liability Coverage It is agreed that Section I. INSURING AGREEMENTS of the SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM is amended by the addition of the following: The Company will pay on behalf of an Insured, Loss in excess of the Deductible not exceeding the Limit of Liability shown on the Policy Declarations for which this coverage applies that an Insured shall become legally obligated to pay because of Claims first made against an Insured during the Policy Period or if applicable, during the Extended Reporting Period, arising out of a Wrongful Act which results in the transmission of Malicious Code from any Named Insured Computer System to any Client Computer System. B. Unauthorized Access Liability Coverage: It is agreed that Section I. INSURING AGREEMENTS of the SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM is amended by the addition of the following: The Company will pay on behalf of an Insured, Loss in excess of the Deductible not exceeding the Limit of Liability shown on the Policy Declarations for which this coverage applies that an Insured shall become legally obligated to pay because of Claims first made against an Insured during the Policy Period or if applicable, during the Extended Reporting Period, arising out of a Wrongful Act that results in: 1. the destruction, deletion or corruption of electronic data belonging to a Third Party which is stored in the Named Insured Computer System; or 2. the unauthorized taking, use or disclosure from the Named Insured Computer System of information about or belonging to a Third Party; or 3. a Denial of Service Attack against an Internet site(s) or computer(s) of a Third Party. but only if caused by the failure of an Insured to prevent unauthorized access to or use of a Named Insured Computer System. It is hereby agreed that Section IV. EXCLUSIONS of the SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM, exclusion M. is deleted in its entirety for the purposes of coverage under this endorsement only. C. Professional Reputation Restoration Expense Coverage It is agreed that Section I. INSURING AGREEMENTS of the SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM is amended by the addition of the following for the purposes of coverage under this endorsement only: The Company will pay on behalf of the Named Insured for Reputation Restoration Expenses resulting from the actual publication in a newspaper, magazine or other general circulation print publication or on the radio, television or other electronic broadcast of a covered Claim under this policy. Payment of expenses shall be up to the "Professional Reputation Restoration Expense" SP 283 (04-13) .w s ; RiskMOuganentDivleton r RENEW & APPRO SY ��' Risk Management Analyst r Limit of Liability stated in the SCHEDULE OF ADDITIONAL COVERAGES AND LIMITS above The Company will pay on behalf of the Named Insured for Reputation Restoration Expenses only if all of the following conditions are met: 1. The Named Insured has (a) first reported the Claim to the Company, (b) obtained the Company's consent to payment of Reputation Restoration Expenses which consent will not be unreasonably withheld and (c) uses a reputation restoration service provider designated by the Company; and 2. The Reputation Restoration Expenses are directly related to a Claim covered under this Policy; and 3. Reputation Restoration Expenses relate to services rendered within ninety (90) days following the first publication of a covered Claim; and 4. Reputation Restoration Expenses are incurred for services provided, no more than twelve (12) months following the reporting of a covered Claim. D. Lifetime Occurrence Reporting Provision for Retired, Disabled, or the Legal Representatives of Deceased Sole Proprietors or Sole Stockholders of Professional Corporations when acting in their capacity as such. It is agreed that Section XI, NOTICE/CLAIM REPORTING PROVISIONS of the SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM is amended by the addition of the following for the purposes of coverage under this endorsement only: If this Policy is canceled by the Named Insured or the Named Insured ceases to provide Professional Services due to death or the divestiture or dissolution of the Named Insured's sole proprietorship or a professional corporation in which the Named Insured is the sole stockholder, and such divestiture or dissolution is for the reasons set forth below, the Named Insured or the Named Insured legal representative as applicable, shall be provided, without additional charge, an unlimited extension of time to report any Claim(s) first made against the Named Insured after the effective date of such cancellation, death, dissolution or divestiture: 1. Retirement of the Named Insured from the performance of Professional Services at age fifty-five (55) or older; or 2. Total disability which prevents the Named Insured from providing Professional Services,; or 3. Death of the Named Insured. However, this extension of time to report a Claim(s) shall only be afforded in the event that the Wrongful Act was committed before the effective date of cancellation, death, divestiture or dissolution and no Professional Liability policy, or policy providing essentially the same type of coverage, or extended reporting period, is in effect at the time the Claim is made. The extension of time to report a Claim(s) will terminate if the Named Insured resumes performance of Professional Services in any capacity or when the Named Insured's estate is closed. The Named Insured or Named Insured's legal representative, must notify the Company in writing if this coverage is desired within sixty (60) days after the effective date of cancellation, death, divestiture or dissolution. SP 283 (04-13) Risk Mvw&a tDMlan o� REVIEWED 6 APPROVED Br. ®Rtsk Management Analyst The Company, in its sole discretion, may require documented proof of the Named Insured's disability or death as a condition of providing the extended reporting period described above. E. Pro -Bono Services Coverage: It is agreed that Section L INSURING AGREEMENTS of the SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM is amended by the addition of the following for the purposes of coverage under this endorsement only: The Company will pay on behalf of an Insured, Loss in excess of the Deductible not exceeding the Limit of Liability shown on the Policy Declarations for which this coverage applies that an Insured shall become legally obligated to pay because of Claims first made against an Insured during the Policy Period or if applicable, during the Extended Reporting Period, for Wrongful Acts or Wrongful Acts resulting in Personal Injury, arising out of Professional Services rendered by an Insured on a pro bono or gratuitous basis for charitable purposes arising solely in the conduct of the Insured's profession as stated in ITEM VIIL of the Policy Declarations for or on behalf of the Named Insured or Subsidiary, including such services provided electronically utilizing the Internet or a network of two or more computers. III. LIMITS OF LIABILITY AND DEDUCTIBLE Regardless of the number of Insureds under this policy or Claim(s) made or brought under this endorsement, the Company's liability is limited as follows: For Claims arising under Section I, SCHEDULE OF ADDITIONAL COVERAGE AND LIMITS of this endorsement, the Limit of Liability specified as EACH CLAIM shall be the maximum limit of liability for Loss for each Claim under Coverage A., B., D., and E. and shall be included in the EACH CLAIM policy limits shown in the Policy Declarations The Limit of Liability specified in Section I, SCHEDULE OF ADDITIONAL COVERAGE AND LIMITS of this endorsement as IN THE AGGREGATE shall be the maximum limit of liability for all Claims under this endorsement and shall be included in the IN THE AGGREGATE policy limits shown on the Policy Declarations. The EACH CLAIM AND IN THE AGGREGATE Limit of Liability shown in Section I above for expenses provided under Coverage C. Reputation Restoration Expense, shall be in addition to the Limit of Liability specified in the Policy Declarations of the SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM stated as IN THE AGGREGATE. The DEDUCTIBLE shown on the Policy Declarations of the SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM applies to all coverage under this endorsement with the exception of Coverage C. Reputation Restoration Expense. IV. ADDITIONAL DEFINITIONS For purposes of coverage provided under this endorsement, the following definitions shall apply. Denial of Service Attack means intentional acts of a party other than an Insured that renders a Third Party's computer or network resources temporarily or permanently unavailable or unusable. SP 283 (04-13) RidttDM,wt REAEW 6/lrraovED By. o�� of FfYw�.[ R, �:U.cou4 ® Risk Management Analyst Malicious Code means any virus, Trojan Horse, worm or any other similar software program, code or script intentionally designed to insert itself into computer memory or onto a computer disk and spread itself from one computer to another. Named Insured Computer System means any computer or connected input and output device, data storage device, networking equipment or back-up facility owned/leased and operated by the Named Insured. Client Computer System means any computer or connected input and output device, data storage device, networking equipment or back up facility that is owned/leased and operated by any Third Party. Reputation Restoration Expenses means: 1. Reasonable and necessary expenses charged by a public relations firm or other reputation restoration firm designated by the Company to mitigate the adverse impact of a Claim on the Named Insured's business reputation; 2. Expenses incurred at the recommendation of a public relations firm or other reputation restoration firm to purchase media time or to print and mail written communications targeted to the general public and/or customers to mitigate the adverse impact of a Claim on the Named Insured's business reputation resulting from a Claim first made during the Policy Period. Third Party means any person(s) other than an Insured for whom an Insured, in their capacity as such, provides Professional Services. V. ADDITIONAL EXCLUSIONS In addition to those specified in the SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM, the following additional exclusions apply to this endorsement. The Company shall not be liable to make payment for any of the following: 1. Expense reimbursement resulting in any Insured gaining any profit, remuneration or advantage to which the Insured is not legally entitled. 2. Expense(s) arising from any incident(s) of which any Insured had notice before the inception date of this Policy; or any fact, circumstance, event, situation or incident which before the inception date of this Policy was the subject of any notice under any other similar policy of insurance or any future claims for expenses under this Policy based upon such pending or prior notice. 3. Expenses incurred by any Subsidiary of the Named Insured occurring prior to the date that such entity became a Subsidiary or incurred at any time that such entity is not a Subsidiary. 4. The portion of any expense(s) covered under Coverage C. Reputation Restoration Expense that is also covered under any other coverage in this endorsement or the SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM. VI. COVERAGE LIMITATIONS The following sections of the SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM, do not apply to Coverage C. Reputation Restoration Expense, under this endorsement: 1. Section II. FULL PRIOR ACTS COVERAGE PROVISION. SP 283 (04-13) Riskn ok+ro� REvEwED & Apptzmm Or. �Sllil:]1.IF'.L�' F�fY�[ �. Viut44tt �' Risk Managemnt Analyst 2. Section X. EXTENDED REPORTING PERIOD. Otherwise, the terms and conditions of SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM, shall apply where applicable to give effect to this endorsement. Coverage provided by your Policy and any endorsements attached thereto are amended by this endorsement where applicable. All other terms and conditions of this Policy remain unchanged. This endorsement is a part of the Named Insured's Policy and takes effect on the effective date of the Named Insured's Policy unless another effective date is shown. SP 283 (04-13) .tiy'e �g RhlMvwganeKnMsjan e' � ��� REVIEWED 6 APPROVED Br �(�/) ' r K Z Y�ti"At Risk Management Analyst UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM Professional Services Limitation It is agreed: Professional Services does not mean: 1. Management services of any kind; 2. Services of any kind provided by any Insured in the capacity of Employee, director, officer, partner or member of any Client. Client means any entity, organization or individual for whom any Insured provides Professional Services. Management means authority of any Insured to exercise executive, administrative or supervisory direction or control for any entity other than the Named Insured or its Subsidiary. "Employee" means any natural person whose labor or service is engaged by and directed by any Insured while performing duties related to the conduct of the Insured's business and includes leased, part-time, seasonal and temporary workers, volunteers and interns. "Employee" does not include independent contractors. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your Policy unless another effective date is shown. SP 288 (10-13) cR EWm6APPRaVEDBr. VSA44 Q `�' Risk Management Mayst This endorsement modifies insurance provided under the following: SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY PRIVACY BREACH EXPENSE AND DEFENSE OF REGULATORY CLAIMS ENDORSEMENT Unless otherwise stated herein, the terms, conditions, exclusions and other limitations set forth in this endorsement are solely applicable to coverage afforded by this endorsement. This endorsement is part of and subject to the provisions of the Policy to which it is attached. I. COVERAGES Words shown in bold shall have the meaning provided in Section II. DEFINITIONS of this endorsement or as provided in the SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM, SECTION Ill. DEFINITIONS, as applicable. Privacy Breach Expense The Company will pay on behalf of the Named Insured or its Subsidiary, as applicable, for Privacy Breach Expense. Any Privacy Breach must first occur on or after the Retroactive Date and be first discovered by an Insured during the Policy Period and reported to the Company during the Notice Period. The Insured shall not incur any Privacy Breach Expense without (1) first reporting the Privacy Breach to the Company and (2) using a service provider of the Company's choice. Defense of Regulatory Claims The Company will pay on behalf of the Insured, Claim Expenses resulting from a Claim first made against an Insured during the Policy Period or, if applicable, during any Extended Reporting Period for a Regulatory Wrongful Act. Such Regulatory Wrongful Act must first occur on or after the Retroactive Date. The Company will also pay fines and penalties to the extent insurable by law which the Insured is legally obligated to pay, including amounts the Insured is legally obligated to deposit in a fund as equitable relief for the payment of consumer claims, resulting from a Regulatory Notice/Proceeding alleging a Regulatory Wrongful Act. II. SP 298 (12-17) For purposes of coverage provided under this RAMuuganerdINslon Rwe&m n A"wvm Br. �� Risk Management Analyst endorsement, the following definitions shall apply. Data Asset means any software or electronic data that exists in a computer system and that is subject to regular back up procedures, including computer programs, applications, account information, customer information, private or personal information, marketing information, financial information and any other information maintained by the Named Insured or its Subsidiary in its ordinary course of business. Key Personnel means the individuals holding the following positions for the Named Insured or its Subsidiary, as applicable: President; owner, partner, members of the Board of Directors; executive officers, including the Chief Executive Officer, Chief Operating Officer, and Chief Financial Officer; General Counsel, staff attorneys employed by the Named Insured or its Subsidiary, as applicable; Chief Information Officer; Chief Security Officer; Chief Privacy Officer; managing member of a limited liability company; and any individual in a substantially similar position as those referenced above, or with substantially similar responsibilities as those referenced above, irrespective of the exact title of such individual, and any individual who previously held any of the above referenced positions. Notice Period means the sixty (60) day period of time that the Insured has to notify the Company that a Privacy Breach has occurred commencing when the Privacy Breach is first reported to or discovered by Key Personnel. Personally Identifiable means the following non-public information in the care, Information custody and control of the Insured, or those acting on behalf of the Insured: 1. information, both in electronic and non- electronic form, concerning an individual(s) that would be considered "non-public information" within the meaning of Title V of the Gramm - Leach Bliley Act of 1999 (as amended) and its implementing regulations including but not limited to social security numbers or account numbers correlated with names and addresses; and 2. personal information as defined in any U.S. federal, state or local privacy protection law SP 298 (12-17) Risk Managemerd Dhielun ry, _ rREvEVAM M/V'Ra4=m ® Risk Manager nt Analyst governing the control and use of an individual's personal and confidential information, including any regulations promulgated thereunder; and 3. protected health information as defined by the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) ("HIPPA") or the Health Information Technology for Economic and Clinical Health Act of 2009 ("H TECH") (Public Law 111-5), as amended, and any regulations promulgated thereto. Personally Identifiable Information does not mean information that is available to the public unless such information is otherwise protected by law. Privacy Breach means the misappropriation, theft, loss of, unauthorized access, inadvertent disclosure or public exposure of Personally Identifiable Information. Privacy Breach does not mean a situation where Personally Identifiable Information is deliberately disclosed or sold to a third party with the knowledge and consent of Key Personnel. Privacy Breach Expense means the reasonable and necessary expenses listed in (1) through (9) below resulting from a Privacy Breach and incurred by the Named Insured or its Subsidiary, as applicable, within one (1) year of the reporting of such Privacy Breach to the Company. Such expenses must result from a Privacy Breach at the Named Insured or its Subsidiary, as applicable, or must be assumed under a written contract or agreement by the Named Insured or its Subsidiary: 1. Development of a plan to assist the Named Insured or its Subsidiary, as applicable, in responding to a Privacy Breach; and 2. Development, printing, and mailing of legally required notification letters to those affected by a Privacy Breach; and 3. Development, printing and mailing of non - legally required notification letters at the Company's discretion, to those affected by a Privacy Breach when such Privacy Breach poses a significant risk of financial, reputational or other harm to the individual(s); and 4. Public relations or crisis management services retained for the Named Insured, or its Subsidiary, as applicable, after notification SP 298 (12-17) wekMwwgementonvon RtVIEWm6APPRWmBY: Ruk Management Malyst letters are sent to mitigate any adverse effect on the Named Insured's or its Subsidiary's reputation with customers, investors and employees resulting from a Privacy Breach that becomes public; and 5. Data analysis or forensic investigation to assess the scope of a Privacy Breach; and 6. Development of a website link for use by the Named Insured or its Subsidiary, as applicable, in communicating with persons affected by a Privacy Breach after notification letters are sent; and 7. Development and support of a Customer Relationship Management (CRM) system and call center for use by the Named Insured or its Subsidiary, as applicable, in communicating with persons affected by a Privacy Breach after notification letters are sent; and 8. Credit monitoring services for up to one year (or more if required by law) following a Privacy Breach; and 9. The cost for Data Asset restoration resulting from the intentional or willful destruction of a Data Asset, but not including: a. the cost to update or improve any Data Asset or computer system to a level beyond that which existed prior to such intentional or willful destruction of a Data Asset; or b. the economic or market value of any Data Asset. The above costs are subject to the limit of expense coverage for "each Privacy Breach" and "in the aggregate" for Privacy Breach Expense shown above. Privacy Law means a federal or state statute or regulation governing the confidentiality, access, control, and use of Personally Identifiable Information. Regulatory Notice/Proceeding means a request for information, civil investigation, civil proceeding or other similar proceeding directed to an Insured and brought by or on behalf of any federal, state or local regulatory agency, related to an actual or alleged violation of any Privacy Law. This definition includes any proceeding regarding the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security and Breach Notification Rules. SP 298 (12-17) so „o Risk ru,.grmwDivision 'K';� ®' Risk Management Analyst Regulatory Wrongful Act means an Insured's actual or alleged violation of a Privacy Law resulting from a Privacy Breach which results in a Regulatory Notice/Proceeding against an Insured. Retroactive Date means the date of first attachment of this endorsement to a policy of this type the Company has issued to the Named Insured. No Claim or expense resulting from a Privacy Breach or Regulatory Wrongful Act occurring prior to such date of first attachment shall be afforded coverage. III. LIMITS OF EXPENSE COVERAGE AND DEDUCTIBLE Regardless of the number of Insureds under this policy or Claim(s) made or brought under this endorsement, the Company's liability is limited as follows: Privacy Breach Expense The limit of liability for Privacy Breach Expense shall Limit be equivalent to the "EACH CLAIM" and "IN THE AGGREGATE" limit of liability specified on the Policy Declarations and such Privacy Breach Expense limit shall be in addition to the limit specified on the Policy Declarations. However, if the "EACH CLAIM" and "IN THE AGGREGATE" limit specified on the Policy Declarations exceeds $1,000,000, the Privacy Breach Expense limit shall not in any case exceed $1,000,000. Defense of Regulatory Claims Limit The limit of liability for Defense of Regulatory Claims shall be equivalent to the "EACH CLAIM" and "IN THE AGGREGATE" limit of liability specified on the Policy Declarations and such Defense of Regulatory Claims limit shall be a part of and not in addition to the limit specified on the Policy Declarations. The Defense of Regulatory Claims Limit shall be the maximum liability for Claim Expenses for all Claims to which Defense of Regulatory Claims coverage applies. If the "EACH CLAIM" and "IN THE AGGREGATE" limit specified on the Policy Declarations exceeds $1,000,000, the Defense of Regulatory Claims limit shall not in any case exceed $1,000,000. Deductible No deductible shall apply to coverage afforded by this endorsement. Risk M uganadDhi'im si RE\AEWM& APPRov® Br SP 298 (12-17) Risk Management Maysf Interrelated Incidents Any one incident, interrelated incidents or series of similar or related incidents for which coverage is provided under this endorsement shall be treated as one incident subject to the maximum Limit of Expense coverage available under this endorsement at the time the incident(s) is first reported to the Company regardless of whether the incident(s) continues and expenses are incurred by the Named Insured or its Subsidiary, as applicable, in any subsequent Policy Period(s). IV. ADDITIONAL EXCLUSIONS In addition to the exclusions listed in Section IV EXCLUSIONS of the Policy, the following exclusions apply. The Company shall not be liable to make payment for cost or expense in connection with any actual or alleged Privacy Breach by any Insured for: Expense Reimbursement expense reimbursement resulting in any Insured gaining any profit, remuneration or advantage to which the Insured and any entity owned, managed or controlled by the Insured are not legally entitled; or Knowledge Prior to Policy expense(s) arising from any incident(s) of Privacy Inception Breach which any Insured had notice before the inception date of this Policy; or any fact, circumstance, event, situation or incident which before the inception date of this Policy was the subject of any notice under any other similar policy of insurance or any future claims for expenses under this Policy based upon such pending or prior notice; or Other Policy Coverage cost or expense covered, in whole or in part under any other coverage which is part of this Policy; or Reissuance of Credit Cards costs directly or indirectly related to reissuance of credit or debit cards or any other expense not specifically included within the definition of Privacy Breach Expense. Coverage provided by your Policy and any endorsements attached thereto are amended by this endorsement where applicable. All other terms and conditions of this Policy remain unchanged. This endorsement is a part of the Named Insured's Policy and takes effect on the effective date of the Named Insured's Policy unless another effective date is shown. SP 298 (12-17) °-$. RhkMaugemment�i.� REm wm 6 APPRov®ar Risk Management Maly t UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM CALIFORNIA STATE AMENDATORY ENDORSEMENT It is agreed XII. CANCELLATION OR NON -RENEWAL, D. and E., are deleted in their entirety and replaced with the following: D. CANCELLATION 1. All Policies In Effect For 60 Days Or Less If this Policy has been in effect for sixty (60) days or less, and is not a renewal of a Policy the Company has previously issued, the Company may cancel this Policy by mailing or delivering to the Named Insured at the mailing address shown in the Policy and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. Ten (10) days before the effective date of cancellation if the Company cancels for: (1) Non-payment of premium; or (2) Discovery of fraud by: (a) Any Insured or his or her representative in obtaining this insurance; or (b) Any Insured's or any Insured's representative in pursuing a Claim under this Policy. b. Thirty (30) days before the effective date of cancellation if the Company cancels for any other reason. 2. All Policies In Effect For More Than 60 Days If this Policy has been in effect for more than sixty (60) days, or is a renewal of a Policy the Company issued, the Company may cancel this Policy only upon the occurrence, after the effective date of the Policy, of one or more of the following: a. Non-payment of premium, including payment due on a prior Policy the Company issued and due during the current Policy term covering the same risks. b. Discovery of fraud or material misrepresentation by: (1) Any Insured or his or her representative in obtaining this insurance; or (2) Any Insured or any Insured's representative in pursuing a Claim under this Policy. c. A judgment by a court or an administrative tribunal that any Insured has violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. d. Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by any Insured or any SP CA (01-10) � REVIEWED 6 ArPgpRiekMa�ugemmtDNieMI v®Bv: �. �:.eiilas� Risk Manage' enl Analyst Insured's representative, which materially increase any of the risks insured against. e. Failure by the Named Insured or the Named Insured's representative to implement reasonable loss control requirements, agreed to by the Named Insured as a condition of Policy issuance, or which were conditions precedent to the Company's use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. f. A determination by the Commissioner of Insurance that the: (1) Loss of, or changes in, the Company's reinsurance covering all or part of the risk would threaten the Company's financial integrity or solvency; or (2) Continuation of the Policy coverage would: (a) Place the Company in violation of California law or the laws of the state where the Company is domiciled; or (b) Threaten the Company's solvency. g. A change by the Named Insured or the Named Insured's representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the Policy. 3. The Company will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the Named Insured, at the mailing address shown in the Policy, and to the producer of record, at least: a. Ten (10) days before the effective date of cancellation if the Company cancels for non-payment of premium or discovery of fraud; or b. Thirty (30) days before the effective date of cancellation if the Company cancels for any other reason listed in items 2.a. through 2.g., above. E. NON -RENEWAL If the Company elects not to renew this Policy, the Company will mail or deliver written notice stating the reason for non -renewal to the Named Insured shown in the Declarations and to the producer of record, at least sixty (60) days, but not more than one hundred twenty (120) days, before the expiration or anniversary date. The Company will mail or deliver the Company's notice to the Named Insured, and to the producer of record, at the mailing address shown in the Policy. The Company is not required to send notice of non -renewal in the following situations: 1. If the transfer or renewal of a Policy, without any changes in terns, conditions, or rates, is between the Company and a member of the Company's insurance group. 2. If the Policy has been extended for ninety (90) days or less, provided that notice has been given to the Named Insured shown in the Declarations and to the producer of record, at least sixty (60) days, but not more than one hundred twenty (120) days, before the expiration or anniversary date. 3. If the Named Insured has obtained replacement coverage, or if the Named Insured has agreed, in writing, within sixty (60) days of the termination of the Policy, to obtain that coverage. 4. If the Policy is for a period of no more than sixty (60) days and the Named Insured is notified at the time of issuance that it will not be renewed. SP CA (01-10) Rhk Mm%,„w DWbn a��� REVIEWED& APPROVED BY: ) Risk Management Analyst 5. If the Named Insured requests a change in the terms or conditions or risks covered by the Policy within sixty (60) days of the end of the Policy Period. 6. If the Company has made a written offer to the Named Insured, at least sixty (60) days but not less than one hundred twenty (120) days, before the expiration or anniversary date, to renew the Policy under changed terms or conditions or at an increased premium rate, when the increase exceeds twenty-five percent (25%). All other terms and conditions of this Policy remain unchanged. This endorsement is a part of the Insured's Policy and takes effect on the effective date of the Insured's Policy unless another effective date is shown. SP CA (01-10) nrota REVI�� �. ® Risk Hlznzgenren[Anatys[ OConservation Education Leadership 2020 Fronde Street San Diego, CA 921f17 BEEZ KNEEZ CREATI%E (208)340-8281 netteLtibeezkneezcrcam c.com nttpltch r@gtmiai1.co m To: City of Santa Aza Attn: Silvia Cuevas, Management Analyst Parks, Recreation and Community Services Agency 20 Civic Center Plaza Santa Ana, CA 92701 Re: Auto Insurance September 11, 2020 To Whom It May Concern, I hereby release the City of Santa Ana of Automobile Liability. I will not be using my vehicle during the course and scope of the services provided in the agreement/contract. When driving my own vehicle for business -related work, I carry my own automobile insurance policy, proof of which has been provided. Sincerely, Jeanette (Nette) Pletcher 0 R E S MrRw r ®' Risk Manager nl Malys[ To r i Pierson Digitally signed by Tor: Pierson Date: 2021.11.16 09:00:02 -08,00, AlCOR�® v CERTIFICATE OF LIABILITY INSURANCE DATE(YYYY) 2021 o9/l0/2021 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 BIBERK P.O. Box 113247 Stamford, CT 06911 CONTACT NAME: PHONE 844-472-0967 FAX 203-654-3613 A/C No Ext: A/C No: E-MAIL customerservice@biBERK.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER ABerkshire Hathaway Direct Insurance Company 10391INSURED Jeanette Pletcher INSURER B: National Liability & Fire Insurance Company 20052 INSURER C : INSURER D 7 2020 Froude Street San Diego, CA 92107-2330 INSURER E7 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR PREM SES Ea occurDrence $ 50,000 MED EXP (Any one person) $ 5,000 A X N9BP058464 C 8 A 6/ 2 0 2 1C 8/16/2022 PERSONAL & ADV INJURY $ Included GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO - El❑ LOC JECT Fx PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT 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 LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB 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? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Professional Liability (Errors & Omissions): Claims -Made N9PL059526 08/16/2021 08/16/2022 Per Occurrence/ Aggregate $1,000,000/ $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Santa Ana , it's officers, agents, representatives and employee Risk Management Division are listed as additional insured as it pertains to general liability (see endorsement attached) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE - Rik MenagenotiDivision Santa Ana, CA 92701 MmEwm & APPROVE© B-I: t.A uil- %a ri �eer¢ars ©1988-2015 ACORD C ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DATE (MM/DD/YYYY) A� " CERTIFICATE OF PROPERTY INSURANCE 09/10/2021 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. PRODUCER 129N1ACT PAHONN Ext. (844) 472-0967 A/c No: (203) 654-3613 E-MAIL ADDRESS: PP salessu ort@biberk.com BIBERK PRODUCER P.O. BOX 113247 Stamford, CT 06911 CUSTOMER ID: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: Berkshire Hathaway Direct Insurance Compal 541611 INSURER B : Jeanette Pletcher 2020 Froude Street INSURER C7 San Diego, CA 92107-2330 INSURER D7 INSURER E : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Location: 2020 Froude StreetSan Diego, CA 92107-2330 Bldg #001: Consultants - All Other - 4167702 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 POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) COVERED PROPERTY LIMITS X PROPERTY CAUSES OF LOSS BASIC DEDUCTIBLES BUILDING N9BPO58464 08/16/2021 08/16/2022 BUILDING PERSONAL PROPERTY BUSINESSINCOME EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG & PP $ 0 $ 0 $ BROAD $ COONTENTS X SPECIAL $ EARTHQUAKE $ n/a WIND $ n/a FLOOD $ n/a INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY $ CAUSES $ POLICY NUMBER $ CRIME TYPE OF POLICY $ BOILER & MACHINERY EQUIPMENT BREAKDOWN $ SPECIAL CONDITIONS / OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) * ALS up to 12 months. CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1995-2015 A ACORD 24 (2016/03) The ACORD name and logo are registered marks of ACORD e`er Rik Muagemenf Dhiei. REYIE�WjED & APPROVED BY: CORD COI �--_u_ Risk Management Cl eriral Aide POLICY NUMBER: N9BP058464 BUSINESSOWNERS BP 04 48 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Persons Or Or anization s : City of Santa Ana , it's officers, agents, representatives and employee Risk Management Division Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured in Section II — Liability: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured, 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 omis- sions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. BP 04 48 01 06 © ISO Properties, Inc., 2004 . wlR"EwED Risit M¢nagemeni Division 6 APPROVED BY: + 1624 Rislc Management Cierir lAide r ayc I v1 I u Jeanette Pletcher 2020 Froude Street San Diego, CA 92107-2330 W&>,i Dhiskm WoEwm & APPROVED BY' cl /QiG �[£/SP.Qf2 Risk NFanagement Cl eriral Aide POLICY NUMBER:N9BP058464 Date Processed: 11 /02/2021 BUSINESSOWNERS BP12010702 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS POLICY CHANGES Jeanette Pletcher 2020 Froude Street San Diego, CA 92107-2330 THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW. POLICY NUMBER N9BP058464 POLICY CHANGES EFFECTIVE I COMPANY 11 /02/2021 Berkshire Hathaway Direct Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE Jeanette Pletcher CHANGES Policy Forms Added Primary and Noncontributory - Other Insurance Condition (BP 14 88 07 13) R;ek Beni Drvisim R"EwED 6 APPROVED BY: + lWw 1624 Rislc Management Cierir lAide BP 12 01 07 02 © ISO Properties, Inc., 2001 V QUA I W1 POLICY AMOUNT AND PREMIUM ADJUSTMENT Limits Of Insurance Premiums Coverage Description Previous Limit Of Insurance New Limit Of Insurance Previous Premium New Premium ❑ Add'] Premium ❑ Return Premium- 1 1 $ $ $ TOTAL PREMIUM ADJUSTMENTS PREMIUM DUE AT POLICY CHANGE EFFECTIVE DATE ADDITIONAL RETURN $ 0.00 $ 0.00 REMOVAL If Covered Property is removed to a new location that is described on this Policy Change, you may PERMIT extend this insurance to include that Covered Property at each location during the removal. Cov- erage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change: after that, this insurance does not apply at the previous location. R ek Beni Drvisim R"EwED 6 APPROVED BY: will, laze ;De Rislc Management Cierir lAide Page 2 of 2 © ISO Properties, Inc., 2001 W I W1 W, BUSINESSOWNERS BP 14 88 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph H. Other 2. You have agreed in writing in a contract or Insurance of Section III — Common Policy agreement that this insurance would be Conditions and supersedes any provision to the primary and would not seek contribution from contrary: any other insurance available to the additional Primary And Noncontributory Insurance insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and R ek Beni Drvisim R"EwED 6 APPROVED BY: will, laze ;De Rislc Management Cierir lAide BP 14 88 07 13 © Insurance Services Office, Inc., 2012 . "!J . 1 wN 1 CITY OF SANTA ANA RISK MANAGEMENT a dCr,� 4 HUMAN RESOURCES 1L Managing R1sk dxwgh Positive Change MEMORANDUM Date: OCTOBER 13, 2021 To: FILE, RISK MANAGEMENT STAFF From: DEBBIE SCOTT-LEISTRA, RISK MANAGER Subject: BEEZ KNEEZ CREATIVE -APPROVAL OF REDUCTION IN INSURANCE LIMITS Following review of the scope of services in the current and previous agreements with Jeanette Pletcher dba Beez Kneez Creative, the City will allow Professional Liability Insurance coverage limit of $2 Million, currently required in the agreement, to be reduced to $1 Million for the current Consultant Agreement. This reduction is limited to the current agreement and will be reviewed prior to the execution of any future agreements. Kmm G�LWC.� %nu Y�Q�6 Risk Management CI a i-1 Aide I I P a g e Conservation Education Leadership BEEZ KNEEZ CREATIVE Date: September 15, 2021 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Re: Auto Insurance Requirement Dear City of Santa Ana Risk Management Division: 2020 Froude Street San Diego, CA 92107 (208) 340-8281 nette@beezkneezcreative.com nttpltchr@gmail.com Beez Kneez Creative has intent to enter into an agreement with the City of Santa Ana. Throughout the course of this agreement, Beez Kneez Creative attests to the following: Beez Kneez Creative consultants/independent contractors utilize their personal vehicles/non- company owned, borrowed, or rented/leased vehicles for transportation to and from work and if applicable carry their own automobile insurance. By signing below, I, Jeanette Pletcher, attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that Beez Kneez Creative is not adhering to any/all statements in this document and has not provided the minimum Auto liability insurance coverage of $1 million per occurrence, the contract will be considered null and void and the company will be held fully liable for any and all damages. Jeanette Pletcher Founder Beez Kneez Creative Contact Phone: (208) 340 8281 Email Address: nettekbeezkneezcreative.com W& Mudgmeni Dhialm REoEwED & APPROVED BY' Risk NFanagement Cl eriral Aide CITY OF SANTA fANA RISK MANAGEMENT diuidiaa 4HUMAN RESOURCES Risk n Posl&. �.; �l i, i l c I WORKERS' COMPENSATION DECLARATION Jeanette Pletcher hereby affirm under penalty of perjury, the (Name/Title) following declaration: Beez Kneez Creative certify on behalf of that during the term (Consultant/Company Name) of my contract for education consulting services with the City of Santa Ana, (Type of service provided) will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: 9/15/21 Print Name: Jeanette Pletcher Print Title: Founder Signature: Telephone: 208 340 8281 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. 1: Risk Mgmt�lnsurance Requirements�WC Declaration 08152019 ��_�lm REAEwED & APPROVED BY' GIIIDLII.11k1-, 7tt�FC P&74dPd Risk Management CI a i-1 Aide