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Production Alliance, The dba Strongertowns $75,000 (ins ex 3.1.23 - 010322
TP4 1-3-4.2 cc 1qc. ( . 19 .9, AGREEMENT FOR 2022 HOTEL-MOTEL FUNDING FOR TOURISM SERVICES STRONGERTOWNS(DBA The Production Alliance) 2022 SEASON OF EVENTS Yi This Agreement is by and between JEFFERSON COUNTY(hereinafter known as "COUNTY"and STRONGERTOWNS,dba The Production Alliance—2022 SEASON OF EVENTS (hereinafter known as "TPA"). WHEREAS, StrongerTowns is a non-profit corporation of the State of Washington; and WHEREAS, the COUNTY desires to promote tourism in unincorporated Jefferson as authorized by Chapter 67.28 RCW and Jefferson County Code Chapter 3.25; and County, WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and recommended funding the lodging tax proposal by TPA to implement a strategy for the unincorporated area of Jefferson County to promote tourism activities; IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the parties as follows: SECTION 1: SERVICES TO BE PERFORMED TPA shall use its capabilities and utilize the funding provided under this agreement to continue and update the ongoing performance of the following tourism promotion services,as outlined below: 1. TPA shall use its capabilities and utilize up to$75,000 of funding provided under this agreement to promote Jefferson County Events, restricted to any of the promotional expense items identified as"LTAC"in the itemized list of proposed tourism promotion services, a copy of which is incorporated herein as Exhibit A. SECTION 2: RESPONSIBILITIES OF THE PRODUCTION ALLIANCE: 1. On or before January 31; April 30;July 31; October 31, 2022; and January 31, 2023, provide to the COUNTY: see Exhibit C, attached hereto and incorporated; • A quarterly report of the use, services, programs and activities of TPA for the prior quarter under this Agreement; • A quarterly financial statement detailing revenues, expenses and cash balances for the prior quarter; and for the final quarter report,the financial statement shall also include a detailed financial statement for all 2022. 2. On or before January 31, 2022 OR upon execution of this agreement, whichever is later, provide to the COUNTY: • A billing invoice requesting payment of Hotel-Motel Funding for the first half of the current year. 3. For a minimum of six (6) years, maintain documented proof of payments made, contracts executed, and other expenditures authorized under this Agreement. Upon reasonable notice, provide access to County or State representatives to audit those records. Page: 1 of 12 STRONGERTOWNS — DBA The Production Alliance —2022 Season of Events 4. Funding provided by this Agreement may only be expended on the services described in Section 1 of this Agreement. Any monies used for other services or purposes shall be refunded to Jefferson County Hotel/Motel Fund. Any monies under-expended of the total funding allocated under this Agreement shall be refunded to Jefferson County by January 31, 2022. 5. By February 28th of each year provide the following information on Exhibit B,attached hereto and incorporated by reference for the previous year. a. Each festival,event,or tourism facility owned and/or operated by TPA. b. The amount of lodging tax revenue allocated for expenditure(whether actually expended or not) by TPA on each festival, event or tourism facility. c. Estimated number of tourists served at each festival,event or tourism facility. ("Tourist" includes persons traveling more than 50 miles to the location of the event, festival or facility and overnight stays in the area). d. Estimated lodging stays. ("Lodging"refers to commercial lodging such as hotels, motels, resorts,bed and breakfasts,or commercial campgrounds). e. Measurements that demonstrate the impact of increased tourism attributable to the event, festival or facility. SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY 1. The COUNTY will provide TPA funding from Hotel-Motel Tax receipts to be used in support of their responsibilities as defined under this agreement. 2. Said funding is in the sum of$75,000 for 2022. Quarterly payments of$18,750 will be made, beginning with the first quarter of 2022. Payments are to be predicated on submittal of reports defined in Section 2. Payment will be made by the COUNTY upon receipt of an invoice on the next available billing cycle. SECTION 4: TERM This Agreement shall be for a term of one year, commencing on January 1,2022 and ending on December 31,2022,except for the reports referenced in Section 2, due January 31, 2023 and February 28, 2023. Work performed during the term and pursuant to this Agreement, but prior to its complete execution, is hereby ratified. SECTION 5: ASSIGNMENT Either party to the agreement shall not assign this Agreement, except by signed amendment. SECTION 6: MODIFICATION This Agreement may be modified by mutual written agreement executed by both parties. SECTION 7: TERMINATION The Agreement may be terminated, in whole or in part, by the County upon thirty(30)days written notice in the event expected or actual revenue from the Hotel-Motel Tax is reduced or limited in any way, or for non-performance of duties under this Agreement, or for any reason. TPA may terminate this Agreement upon thirty (30)days written notice to the COUNTY. In the event of Page: 2 of 12 STRONGERTOWNS — DBA The Production Alliance— 2022 Season of Events termination under this clause,the County shall be liable to pay only for services rendered prior to the effective date of termination. If termination covers a period for which payment has already been made, TPA shall refund to the COUNTY a pro-rated share of the payment based upon the balance of time remaining in the paid period,unless otherwise negotiated. SECTION 8: HOLD HARMLESS TPA shall indemnify and hold the COUNTY, and its officers,employees, and agents harmless from and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims,demands,or suits at law or equity arising in whole or in part, directly or indirectly, from TPA's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require TPA to indemnify the COUNTY against and hold harmless the COUNTY from claims,demands or suits based solely upon the conduct of the COUNTY, its officers, employees and agents, and; provided further that if the claims or suits are caused by or result from the concurrent negligence of: (a)TPA's agents or employees;and, (b)the COUNTY, its officers, employees and agents,this indemnity provision with respect to claims or suits based upon such negligence, and/or the costs to the COUNTY of defending such claims and suits, etc., shall be valid and enforceable only to the extent of TPA's negligence, or the negligence of TPA's agents or employees. TPA specifically assumes potential liability for actions brought against the COUNTY by TPA's employees, or any other persons engaged in the performance of any work or service required of TPA under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 RCW. TPA recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. SECTION 9: INSURANCE Grantee shall obtain and keep in force during the term of the Agreement, or as otherwise required,the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48: 1. Worker's Compensation and Employer's Liability Insurance as required by the State of Washington. TPA shall maintain Worker's Compensation coverage as required under the Washington State Industrial Insurance Act, RCW Title 51, for all TPA employees, agents and volunteers eligible for such coverage under the Industrial Insurance Act. 2. Commercial Automobile Liability Insurance: a. In the event TPA shall own any vehicle during the term of this Agreement, Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of work under this Agreement for a combined single limit of not less than$1,000,000 each occurrence. Page: 3 of 12 STRONGERTOWNS—DBA The Production Alliance—2022 Season of Events b. For a non-owned vehicle rented or hired to perform services under this Agreement, TPA shall obtain bodily injury and property damage liability coverage for the non-owned vehicles for a combined single limit of not less than $1,000,000 each occurrence. c. The TPA will ensure any employees or third parties that will be driving while performing work under this Agreement, other than transport under paragraph b., shall obtain the following coverages at a minimum: a limit of$25,000 for bodily injury or death of 1 person in any single accident, $50,000 for bodily injury or death of 2 people in any single accident, and $10,000 of property damage coverage in any single accident for their owned & non-owned vehicles assigned to or used in the performance of their work. 3. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000)per occurrence and an aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; c. Broad Form Contractual/Commercial Liability—including completed operations; d. Premises—Operations Liability (M&C); d. Independent Contractors and subcontractors; e. Blanket Contractual Liability. SECTION 10: INDEPENDENT CONTRACTOR TPA and the COUNTY agree that TPA is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither TPA nor any employee of TPA shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The COUNTY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to TPA, or any employee, representative, agent or contractor of TPA. TPA shall be responsible for all applicable withholdings, deductions, state industrial insurance, tax reports, business licenses, registrations, and all other obligations of an independent organization. SECTION 11: COMPLIANCE WITH LAWS TPA shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, Washington. Page: 4 of 12 STRONGERTOWNS — DBA The Production Alliance—2022 Season of Events SECTION 12: DISCRIMINATION PROHIBITED TPA with regard to the project to be completed under this agreement,will not discriminate on the grounds of age, sex, marital status, sexual orientation, race, creed,color, national origin, honorably discharged veteran or military status,or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification in the selection and retention of employees, materials, supplies,contractors or subcontractors. SECTION 13: INTEGRATED AGREEMENT This agreement together with attachments or addenda represents the entire and integrated agreement between the County and TPA and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the County and TPA. APPROVED and signed this - day of ,,)01114a, ,2022. JEFFERSON COUNTY Attest: BO D OF COMMISSIONERS y ^ Carolyn allaway, hair L6771711-67:1°1"- Clerk of the Board Approved as to Form: StrongerTowns(DBA The Production Alliance) PhilipHunsucker, December 28, 2021 Authorized ff al Chief Civil Deputy Prosecutor Page: 5 of 12 STRONGERTOWNS - DBA The Production Alliance-2022 Season of Events EXHIBIT A Itemized List of Proposed Tourism Promotion Services Websitc Development & Design $10,000 Videography& Photography $15,000 Marketing &Advertising $20,000 Graphic Design & Printing $10,000 Administration of Tourism Events $15,000 Event Equipment $5,000 Total LTAC Funded Expenditures $75,000 Page: 6 of 12 STRONGERTOWNS —DBA The Production Alliance— 2022 Season of Events Exhibit B Jurisdiction Lodging Tax Reporting Form — To Be Submitted to Jefferson County Administrator's Office No Later than February 28th of each Year Lodging Tat Reporting Form Organization,receiving timeline to promote festivals.>pecral event and tourt:m-related actr tie:through tounsm-related facilities owned or ponsored by non-profit otranezanons or the local junsdictron are required to complete this form for EACH activity 1 OrpntratrocName: Reporug Year Sponsor Type;;Check Om:, 0 501 c)(3) 0 501(cx6) ©Local rtrnidlCTidn °Otbs Evian, 3 Arnvtn Name s AuaNity Type(Check Orm. 0 Event Tanta: r'' -7.._ 5 Activity Start Date* i Acacate End Date* -Total.Cost of Acttrav S S Aroma F.equesred: S F Ammar Awarded S 10(Waal Attendance• 13 Number oAnecdee:Who 5taced Cx.aught m 'iiaid Accommodations* a) Ptoened• a: Protected* b) Atm.' b'u Actual* c) Mettadoaog(Check Oar, °Direct Caam• c Methodology!Check Onei 0 Direct toast' ®hrdtrectCorm• ()RepresentameSumer QlidrectCo•.mr ()F.epresmtanseSanev Qlnfoumal Sur w Structured Eoamate• ti.J:�nSaaral Stm-er' 0 Sattetti7ed Estimate Dotter 1 espiam;: 0w=er`explan): I I Number of Attendees Who Tr.t e n.s':ESL_)C:Nfore• 14`;;weber of Attendees Who Seed Overntghi ai Paid Accam rodnioni• a) Pto,erred` a Prorated* :; Methodology(Check One' (,)Direct Cola* c; Methodology i Check One, 0 Direct Count* 8 Indirect Ct • 0F.epreseratrce Strvev editsct COW'r• Repteser tan a Surses b fors'al S me?y Snouted E ztmate` farIIal Smer• ()Structural Ernnure 0 Other.expLim 0 Other'explain). 1;Nimber of Ariendea Who Traveled fteca Ameba Sttte co:mar 15 Mintha of Paid 1.+dmv Maim a) Pm_ected• a: Protected. b) Acme:* at Act a:* c; Mehodo:ogv iCheck One 0 Direct Coma* c Mahone :or,Check One.: 0 Direct:war0kcrat.Corr* p°Represenati e Survey 0;adupct Coact* Represeuaace Survey lrfo nt ai Sumer L J Structured E;ttmate• 0 Ifce aei Suner 0 Structured Emma e }Other'owlets,: Other esplaun 'See Lodging Tax Yearly Reporting Definition-Instruction- Name of Individual Who Premed Repo:- Phone w E-Y..11.A) za. RETURN THIS FORM TO: Jefferson County Admrusnator:Office 2 S2 0 Jefferson Street PO Box :'2.G Port Townsend.I A 9S368 eff'aocc<t co;efferson.w•a-u r. DEADLINE February:Sth of Each Reporting Year Page: 7 of 12 STRONGERTOWNS—DBA The Production Alliance—2022 Season of Events LTAC Yearly Reporting Definitions/Instructions Activity Type: Event/Festival: Short-term activity occurring between specific dates(e.g.,4th of July celebration, local marathon) Facility: Municipally-owned facility that operates some or all of the year(e.g.,county historical museum, convention center) Marketing: Activity that provides information to encourage visitors to an area; is typically a year-round activity but may also operate for less than a full year. Activity Date: Activity beginning and ending dates. Actual: Persons estimated to have actually participated in event/festival or visiting a facility. For marketing activity,enter the number of persons estimated to have actually visited area as result of marketing activity. Projected: Persons expected to participate in event/festival or visiting a facility. For marketing activity,enter the number of persons expected to visit area as result of marketing activity. Methodology: Select the methodology used to estimate the actual number of visitors/participants. Direct Count: Actual count of visitors using methods such as paid admissions or registrations,clicker counts at entry points,vehicle counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as hotels,restaurants or tour guides, likely to be affected by an event. Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount certificates,brochures handed out,police requirements for crowd control or visual estimates. Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a highly structured data collection tool,based on a defined random sample of participants,and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate: Estimate produced by computing known information related to the event or location. For example,one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons(3 square feet). Other: (please describe) Overall Attendance: Total projected and estimated actual attendance recorded for event, facility or resulting from marketing activity. Total Attendees Traveling 50 miles or more: Total: Total projected and estimated actual number of visitors traveling more than 50 miles to attend event or facility. For marketing organizations,report visitors traveling more than 50 miles to visit area. Of total,attendees who traveled from another state or country: Of the total projected and estimated actual number of visitors traveling more than 50 miles to attend event or facility or visit area, report projected and estimated actual number of visitors who traveled from another state or country. Attendees who stayed overnight: Paid Accommodations: Total projected and estimated actual number of visitors staying in paid lodging establishments such as hotels, motels, bed and breakfasts,etc. Unpaid Accommodations: Total projected and estimated actual number of visitors staying in unpaid accommodations such as family and friends. Paid Lodging Nights: Total projected and estimated actual number of paid lodging nights.One Lodging night=one or more persons occupying one room for one night. Page: 8 of 12 STRONGERTOWNS - DBA The Production Alliance - 2022 Season of Events EXHIBIT C I St OUARTER Due by April 30th to afmcknight@co.jefferson.wa.us Organization: Contact person: Mailing Address : Phone Number/Email : Please attach supportive documents. Any attachments may be subject to disclosure as a public record under the Public Records Act, RCW Chapter 42.56. For a minimum of six(6)years, maintain documented proof of payments made,contracts executed,and other expenditures authorized under this Agreement. Upon reasonable notice,provide access to County or State representatives to audit those records. Plpacp nrrnrirlp vrnir rpnnrtc of the raupnnp marlrptino cprvirpc nrnoramc anr1 artivitipc of the nrinr nnartpr STARTING BALANCE + REVENUE THIS EXPENSES THIS _ ENDING BALANCE PREVIOUS QUARTER QUARTER QUARTER — THIS QUARTER Incoming Revenue Outgoing Expenses Total • . FEBRUARY Incoming Revenue Outgoing Expenses Total MARCH Incoming Revenue Outgoing Expenses Total Page: 9 of 12 STRONGERTOWNS — DBA The Production Alliance—2022 Season of Events EXHIBIT C 2"d (QUARTER Due by July 31 g"to afmcknight@co.jefferson.wa.us jeffetson.wa.us I Organization: IContact person: Mailing Address: IPhone Number/Email : Please attach supportive documents. Any attachments may be subject to disclosure as a public record under the Public Records Act, RCW Chapter 42.56. For a minimum of six(6)years, maintain documented proof of payments made,contracts executed,and other expenditures authorized under this Agreement. Upon reasonable notice,provide access to County or State representatives to audit those records. PlPaCP nrnvidp ,nnr rPnnrtc nf the rpvpnllP marlrptina cprvirpc nrnaramc and artinitipc nf the nrinr nnartPr STARTING BALANCE REVENUE THIS _ EXPENSES THIS ENDING BALANCE PREVIOUS QUARTER + QUARTER QUARTER THIS QUARTER Incoming Revenue Outgoing Expenses Total • • • • MAY Incoming Revenue Outgoing Expenses Total JUNE Incoming Revenue Outgoing Expenses Total Page: 10 of 12 STRONGERTOWNS —DBA The Production Alliance—2022 Season of Events EXHIBIT C 3rd OUARTER Due by October 3151 to afmcknight@co jeff_erson.wa.us Organization: Contact person: Mailing Address: Phone Number/Email : Please attach supportive documents. Any attachments may be subject to disclosure as a public record under the Public Records Act, RCW Chapter 42.56. For a minimum of six(6)years, maintain documented proof of payments made,contracts executed,and other expenditures authorized under this Agreement. Upon reasonable notice,provide access to County or State representatives to audit those records. Plc nrnvirlo vnnr ronnrtc of tho rovonno markotina corviroc nrnaramc and artivitioc of tho nrinr rniartor STARTING BALANCE + REVENUE THIS _ EXPENSES THIS _ ENDING BALANCE PREVIOUS QUARTER QUARTER QUARTER — THIS QUARTER Incoming Revenue Outgoing Expenses Total AUGUST Incoming Revenue Outgoing Expenses Total SEPTEMBER Incoming Revenue Outgoing Expenses Total Page: I 1 of 12 STRONGERTOWNS —DBA The Production Alliance—2022 Season of Events EXHIBIT C 4t'' OUARTER Due by January 31st to afmcknight@cojefferson.wa.us Organization: Contact person: Mailing Address : Phone Number/Email : Please attach supportive documents. Any attachments may be subject to disclosure as a public record under the Public Records Act, RCW Chapter 42.56. For a minimum of six(6)years,maintain documented proof of payments made,contracts executed,and other expenditures authorized under this Agreement. Upon reasonable notice,provide access to County or State representatives to audit those records. P1Pacp nrnvir1P unnr rpnnrtc of the rpvnmiP markptina caruiroc nrnaramc anri artivitiPc of the nrinr miartvr STARTING BALANCE + REVENUE THIS EXPENSES THIS _ ENDING BALANCE PREVIOUS QUARTER QUARTER QUARTER — THIS QUARTER Incoming Revenue Outgoing Expenses Total • • • • NOVEMBER Incoming Revenue Outgoing Expenses Total • • DECEMBER Incoming Revenue Outgoing Expenses Total • • • • Page: 12 of 12 STRONGERTOWNS — DBA The Production Alliance—2022 Season of Events Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Adiel McKnight, Executive Assistant DATE: January 3,2022 SUBJECT: AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of$75,000; STRONGERTOWNS dba The Production Alliance STATEMENT OF ISSUE: This agreement provides grant funding for 2022 to certain non-profit agencies for the promotion of tourism and ongoing preservation of Jefferson County's heritage. The Lodging Tax Advisory Committee met on November 2, 2021 and reviewed request for proposals. This funding has been budgeted from the Hotel Motel (Lodging Tax) Fund, and approved by the Board of County Commissioners on November 15, 2021. FISCAL IMPACT: STRONGERTOWNS dba The Production Alliance $75,000 RECOMMENDATION: Approve and sign the agreement. REVI WED BY: e - ' Mar al Mc Interim County Ad • trator Dat : CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: STRONGERTOWNS dba The Production Alliance Contract No: LTAC TPA Contract For: Lodging Tax Term: lyr COUNTY DEPARTMENT: County Administrator Contact Person: Adiel McKnight Contact Phone: 360-385-9102 Contact email: afmcknight@co.jefferson.wa.us AMOUNT: $75,000 PROCESS: —_ Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund # 125 RFP or RFQ Munis Org/Obj 12555730/411123 Other: APPROVAL STEPS: STEP l: DEPARTMENT CERTIFIE PLI IT JCC 3.5 .)80 AND CHAPTER 42.23 RCW. CERTIFIED: N/A: l i • i(k;_t1 g ature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT EEN pEBA D BY ANY FEDERAL, STATE, OR LOCAL AGENCY. l CERTIFIED: rill N/A: E ( i- -j - Signature i Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 12/17/2021. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 12/28/2021. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 p� tS' ����� Board of County Commissioners U 1820 Jefferson Street PO Box 1220 Port Townsend, WA 98368 r Y 4 S�1ti Kate Dean,District 1 Heidi Eisenhour,District 2 Greg Brotherton,District 3 January 5, 2022 Strongertowns dba The Production Alliance Megan Claflin 870 Martin Rd Port Townsend,WA 98368 Dear Megan Claflin, Enclosed for signature are two (2) originals for AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of$75,000; Stronger Towns dba The Production Alliance Please sign both, keep one and return the second to: Jefferson County Commissioner's Office Attn: Adiel McKnight P.O. Box 1220 Port Townsend, WA 98368 • Please remember that on or before April 30; July 31; October 31, 2022 and January 31, 2023 you are required to provide to the County: A quarterly report of the use, services, programs and activities under this agreement for the prior quarter. • A quarterly financial statement detailing revenues, expenses and cash balances for the prior quarter; and for the final quarter report, the financial statement shall also include a detailed financial statement by February 28th of each year. • The Strongertowns (dba The Production Alliance) shall obtain insurance as outlined in the terms of the Agreement and provide a copy to this office. • Payment will be provided upon invoice, subject to the terms of the Agreement. Thank you for your assistance. Sincerely, Adi l,✓IcKnight Executive Assistant Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc@co.jefferson.wa.us a WESTERN NATIONAL INSURANCE The relationship company. 02/14/2022 EMERALD TOWNS ALLIANCE PO BOX 323 BRINNON WA 98320 Policy Number: CPP 1281518 00 Dear Western National Insurance Group Policyholder, On behalf of everyone here at the Western National Insurance Group, it's my pleasure to say , "Welcome!" Each day that Western National Insurance Group spends serving the unique insurance needs of our policyholders only strengthens our belief that success comes from building strong, enduring relationships with our customers, employees, and agency partners. We believe that by working together with you and your agent, we produce a better result for you. We are proud to back our insurance products with outstanding financial stability. We have earned an "A+" (Superior) financial rating from A.M. Best, the insurance industry's premier rating organization. Additionally, we've been honored to have been named to the Ward's Top 50 Benchmark Group of property-and-casualty insurance companies in the U.S. (out of nearly 3,000) each year for more than a decade. As for the most important part of our insurance product —the promise to pay valid claims —we set the standard for claim service quality. With a variety of other unique benefits, including access to our expert Loss Control staff and our library of safety and compliance resources (available at www.wnins.com), we're confident that Western National Insurance Group provides a combination of coverage, price, and service that amounts to industry-best policyholder protection to your company. Thank you for the opportunity to serve your business' unique insurance needs. Sincerely, Rick Long, AIC, CPCU, ARe President and Chief Executive Officer Western National Insurance Group 14700 West 77th Street I Edina, MN 55435-4818 I (952) 835-5350 or(800) 862-6070 info@wnins.com I www.wnins.com WESTERN NATIONAL MUTUAL I WESTERN NATIONAL ASSURANCE I PIONEER SPECIALTY I UMIALIK I ARIZONA AUTOMOBILE I NEVADA GENERAL MICHIGAN MILLERS(AFFILIATE) COMMERCIAL POLICY SUMMARY PAGE EMERALD TOWNS ALLIANCE INSURANCE SERVICES GROUP INC 08133 PO BOX 323 PO BOX 1658 BRINNON WA 98320 EDMONDS, WA 98020-1658 425-775-6446 Group # 0001187232 Effective Date: MARCH 1, 2022 Expiration Date: MARCH 1, 2023 12:01 A.M. standard time at the Named Insured's mailing address. COVERAGE Your coverage consists of the following lines of insurance for which a premium is indicated. This premium may be subject to adjustment. Commercial General Liability $ 608.00 Total Estimated Annual Premium $ 608.00 These Declarations together with the common policy conditions, coverage part declarations, coverage part form(s), and form(s) and endorsements, if any, issued, complete the above numbered policy. Countersigned: By Authorized Representatives WN IL 21 07 07 INSURED COPY Page 1 of 1 Group #: 0001187232 Date: 02/14/2022 Insured: EMERALD TOWNS ALLIANCE Address: PO BOX 323 BRINNON WA 98320 Effective Date: MARCH 1, 2022 POLICYHOLDER DISCLOSURE NOTICE—OFFER OF TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Under the Terrorism Risk Insurance Act, as amended in 2019, you have a right to purchase insurance coverage for losses resulting from 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 dangerous to 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. Your decision is needed on this question: do you choose to pay the premium for terrorism coverage stated in this offer of coverage, or do you choose to reject the offer of coverage and not pay the premium? You must either accept or reject this offer. Failure to return the enclosed rejection constitutes an acceptance of terrorism coverage. Please consult your agent if you have questions regarding your options. SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE Your insurance policy has been issued/quoted with Certified Terrorist Acts coverage and a premium has been included for the applicable lines of insurance. Unless you reject this coverage, you must pay the additional terrorism premium as stated in the DISCLOSURE OF PREMIUM. You may choose to reject the offer of terrorism coverage by signing the enclosed REJECTION STATEMENT; then your policy will be written to exclude the described coverage. DISCLOSURE OF PREMIUM If you accept this offer, the premium for terrorism coverage is $ 1 If you reject this offer, a portion of the above premium will be charged due to state law requiring coverage if a "certified act of terrorism" results in a direct loss by fire to covered property. (Not applicable in Alaska, Idaho, Minnesota, Montana, Nevada, North Dakota, South Dakota and Utah). Alaska only: If you have auto insurance, terrorism coverage up to the minimum limits required for Liability, Uninsured and/or Underinsured Motorists, by the state's Financial Responsibility Statutes applies. The premium for this coverage is $0.00. Oregon only: If you have auto insurance, terrorism coverage up to the minimum limits required for Liability, Uninsured and/or Underinsured Motorists and Personal Injury Protection Coverage, by the state's Financial Responsibility Statutes applies. The premium for this coverage is $ 0.00. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES: You should know that where coverage is provided by this policy for losses resulting from certified acts of terrorism, such losses may be partially reimbursed by the United States Government under a formula established by federal law. However, your policy may contain other exclusions which might affect your coverage, such as an exclusion for nuclear events. Under the formula, the United States Government reimburses 80% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The premium charged for this coverage is shown above and does not include any charges for the portion of the loss that may be covered by the federal government under the Act. CAP ON LOSSES: You should also know that the Terrorism Risk Insurance Act, as amended, contains a $100 billion cap that limits U.S. Government reimbursement 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. WN IL 17 01 21 Group #: 0001187232 Date: 02/14/2022 Insured: EMERALD TOWNS ALLIANCE Address: PO BOX 323 BRINNON WA 98320 Effective Date: MARCH 1, 2022 ENCLOSURE — REJECTION OF CERTIFIED TERRORISM INSURANCE I hereby reject the offer of terrorism coverage. I understand that an EXCLUSION of certain terrorism losses will be made a part of this policy. Policyholder Signature Date Print Name PROPERTY COVERAGE ONLY: In this state, a terrorism exclusion makes an exception for (and thereby provides coverage for) fire losses resulting from an act of terrorism. Therefore, if you reject the offer of terrorism coverage, that rejection does not apply to fire losses resulting from an act of terrorism — coverage for such fire losses will continue to be provided in your policy. There will be an additional premium just for such fire coverage. (Not applicable in Alaska, Idaho, Minnesota, Montana, Nevada, North Dakota, South Dakota and Utah) ALASKA AUTO ONLY: In this state, the terrorism exclusion applies above the minimum limits required for Liability, Uninsured and/or Underinsured Motorists Coverage by the state's Financial Responsibility Statutes. Therefore, if you reject the offer of terrorism coverage, that rejection does not apply to losses resulting from an act of terrorism, for limits up to the minimum state compulsory limits of insurance for Liability, Uninsured and/or Underinsured Motorists Coverage. The additional premium just for such coverage up to the Financial Responsibility Statutes is stated in the DISCLOSURE OF PREMIUM. OREGON AUTO ONLY: In this state, the terrorism exclusion applies above the minimum limits required for Liability, Uninsured and/or Underinsured Motorists Coverage and Personal Injury Protection Coverage by the state's Financial Responsibility Statutes. Therefore, if you reject the offer of terrorism coverage, that rejection does not apply to losses resulting from an act of terrorism, for limits up to the minimum state compulsory limits of insurance for Liability, Uninsured and/or Underinsured Motorists, and Personal Injury Protection Coverage. The additional premium just for such coverage up to the Financial Responsibility Statutes is stated in the DISCLOSURE OF PREMIUM. IF YOU CHOOSE TO REJECT THIS OFFER OF TERRORISM COVERAGE, PLEASE SIGN THIS REJECTION STATEMENT AND RETURN IT TO YOUR AGENT AS SOON AS POSSIBLE. IF YOUR SIGNED REJECTION IS NOT RECEIVED BY US WITHIN 30 DAYS OF THE EFFECTIVE DATE OF YOUR POLICY, OR WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, WHICHEVER IS LATER, THE CHARGE FOR TERRORISM WILL NOT BE REMOVED. WNIL180115 Western National Mutual Insurance Company ` 4700 West 77th Street Edina, MN 55435 WESTERN NATIONAL IM{mwAwCE www.wnins.com COMMERCIAL GENERAL LIABILITY The,rwrlanah+Dmmpany A Mutual Company COVERAGE PART Group # 0001187232 Policy Period: From MARCH 1, 2022 To MARCH 1, 2023 Policy # CPP 1281518 00 12:01 A.M. standard time at the Named Insured's mailing address. Transaction POLICY DECLARATION Insured Name and Address Agent EMERALD TOWNS ALLIANCE INSURANCE SERVICES GROUP INC 08133 PO BOX 323 PO BOX 1658 BRINNON WA 98320 EDMONDS, WA 98020-1658 Telephone: 425-775-6446 Business Description Type of Business Audit Period Billing Type NON-PROFIT FUNDRAISING CORPORATION ANNUAL DIRECT IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE General Aggregate Limit (Other than Products-Completed Operations) $ 3, 000, 000 Products - Completed Operations Aggregate Limit $ 3, 000, 000 Each Occurrence Limit $ 1, 000, 000 Personal and Advertising Injury Limit, any one person or organization $ 1, 000, 000 Medical Expense Limit, any one person $ 5,000 Damage to Premises Rented to you, any one premises S 100, 000 LOCATIONS OF ALL PREMISES YOU OWN, RENT OR OCCUPY Refer to attached schedule. CLASSIFICATIONS Refer to attached schedule. PREMIUM FOR THIS COVERAGE PART $ 608.00 DISCLOSURE OF PREMIUM: The portion of your annual premium attributable to coverage for certified acts of terrorism is $ 1.00 Forms and Endorsements Applicable to this Policy See Forms and Endorsements Schedule Issued Date: 02/14/2022 WN GL 06 07 07 INSURED COPY Page 1 of 7 Western National Mutual Insurance Company Policy Number:CPP 1281518 00 4700 West 77th Street POLICY DECLARATION Edina, MN 55435 Named Insured: www.wnins.corn EMERALD TOWNS ALLIANCE COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS LOCATION OF PREMISES Location of All Premises You Own, Rent or Occupy: 001 VARIOUS LOCATIONS BRINNON WA 98320 PREMIUM Premium Rate Advance Premium Location Classification Code No. Exposure Base* Prem.Ops. Prod/Comp Prem/Ops. Prod/Comp Ops. Ops. 001 88133 30 T 8.900 INCL $267 INCL CLUBS-CIVIC, SERVICE OR SOCIAL-WITHOUT BUILDINGS "Products - completed operations are subject to the General Aggregate Limit" • -A = Area Extension of Declarations --Total Advance Annual Premium $267 * -C =Total Cost • -E = Each * -M =Admissions * -0 =Total Operating Expenses * -P = Payroll • -S = Gross Sales * -T = See Classification Notes * -U = Units Issued Date: 02/14/2022 WN GL 06 07 07 INSURED COPY Page 2 of 7 Western National Mutual Insurance Company Policy Number: CPP 1281518 00 4700 West 77th Street POLICY DECLARATION Edina, MN 55435 Named Insured: www.wnins.com EMERALD TOWNS ALLIANCE COMMERCIAL GENERAL LIABILITY CLASSIFICATION SCHEDULE Loc St Terr Code Premium Base Exposure Rate Per Coy Premium Classification Description 000 WA 44444 N/A SPLENH $75 GENERAL LIABILITY SPECIALTY ENHANCEMENT Issued Date: 02/14/2022 WN GL 06 07 07 INSURED COPY Page 3 of 7 Western National Mutual Insurance Company Policy Number: CPP 1281518 00 4700 West 77th Street POLICY DECLARATION Edina, MN 55435 Named Insured: www.wnins.com EMERALD TOWNS ALLIANCE PREMIUM FOR THIS EPL COVERAGE FORM $157.too *Included in General Liability premium COMMERCIAL GENERAL LIABILITY EMPLOYMENT PRACTICES LIABILITY COVERAGE ENDORSEMENT SUPPLEMENTAL DECLARATIONS NOTICE • EXCEPT TO SUCH EXTENT AS MAY OTHERWISE BE PROVIDED HEREIN, THIS EPL COVERAGE IS LIMITED FOR ONLY THOSE CLAIMS OR SUITS THAT ARE FIRST MADE AGAINST THE INSUREDS DURING THE EPL COVERAGE PERIOD AND REPORTED IN WRITING TO THE INSURER PURSUANT TO THE TERMS HEREIN. VARIOUS PROVISIONS IN THIS COVERAGE ENDORSEMENT RESTRICT COVERAGE. PLEASE READ THE ENTIRE COVERAGE ENDORSEMENT CAREFULLY TO DETERMINE RIGHTS, DUTIES AND WHAT IS AND IS NOT COVERED. • THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGMENTS OR SETTLEMENTS UNDER THIS COVERAGE ENDORSEMENT SHALL BE REDUCED BY AMOUNTS INCURRED FOR DEFENSE COSTS. AMOUNTS INCURRED FOR DEFENSE COSTS SHALL BE APPLIED AGAINST THE DEDUCTIBLE AMOUNT. EPL Coverage Period: From: 03/01/2022 At 12:01 A.M. Standard Time at your mailing address shown on the Declarations page of this policy. To: 03/01/2023 EPL Aggregate Limit of $ 100, 000 Aggregate for all "loss" combined, including "defense Liability: costs". EPL Deductible Amount: $ 5, 000 For "loss" arising from claims or suits alleging the same "wrongful employment act" or "related wrongful employment acts". EPL Retroactive Date: If no date is shown, "we" will consider the EPL Retroactive Date to be the date of organization of the "named insured". The EPL Retroactive Date will remain the same through all subsequent renewals. No change will be made to the EPL Retroactive Date unless at the sole request of the insured. Third Party Violations If coverage for Third Party Violations has been paid for, (optional): x the box to the left will be checked and coverage is in force. If the box is not checked, there is no coverage available for Third Party Violations. This insurance does not apply to "loss" arising out of a "wrongful employment act" that arises out of incidents or circumstances of which "you" had knowledge prior to the effective date of this EPL Coverage Endorsement or the first EPL Coverage Endorsement issued by "us" of which this EPL Coverage is an uninterrupted renewal. Forms and Endorsements Applicable to this Policy See Forms and Endorsements Schedule Issue Date: 02/14/2022 WN GL 55 11 11 INSURED COPY Page 4 of 7 Western National Mutual Insurance Company Policy Number: CPP 1281518 00 4700 West 77th Street POLICY DECLARATION Edina, MN 55435 Named Insured: www.wnins.com EMERALD TOWNS ALLIANCE PREMIUM FOR THIS CYBER LIABILITY FORM $ 108.00 `Included in General Liability premium CYBER LIABILITY SUPPLEMENTAL DECLARATIONS (Claims-Made and Reported Coverage) DISCLOSURE REGARDING DEFENSE WITHIN LIMITS DEFENSE COSTS PAID UNDER THE CYBER LIABILITY ENDORSEMENT WILL BE INCLUDED WITHIN, AND MAY COMPLETELY EXHAUST, THE LIMITS OF LIABILITY SHOWN BELOW. Named Insured: EMERALD TOWNS ALLIANCE Cyber Liability Coverage Period: From MARCH 1, 2022 to MARCH 1, 2023, both days at 12:01 a.m. local standard time at your mailing address shown on the Declarations Page of this policy. Retroactive Date: FEBRUARY 1, 2022 Cyber Liability Limits: The limits of liability for the coverage provided under the Cyber Liability Endorsement are shown below. Such limits are in addition to, and will not erode, the limits of liability provided elsewhere under this Policy. Coverage Limits Multimedia Liability Coverage $ 50, 000 Each "claim" Security and Privacy Liability Coverage $ 50, 000 Each "claim" Privacy Regulatory Defense and Penalties $ 50, 000 Each "claim" Coverage Privacy Breach Response Costs, Notification $ 50, 000 Each "claim" Expenses and Customer Support and Credit Monitoring Expenses Coverage Network Asset Protection Coverage $ 50, 000 Each "claim" Cyber Extortion Coverage $ 50, 000 Each "claim" Cyber Terrorism Coverage $ 50, 000 Each "claim" BrandGuardTM Coverage $ 50, 000 Each "claim" PCI DSS Assessment Coverage $ 50,000 Each "claim" Cyber Crime Coverage Sublimit $ 5, 000 Aggregate Limit $ 100, 000 Issue Date: 02/14/2022 WN GL 1 1 1 12 18 INSURED COPY Page 5 of 7 Western National Mutual Insurance Company Policy Number: CPP 1281518 00 4700 West 77th Street POLICY DECLARATION Edina, MN 55435 Named Insured: www.wnins.com EMERALD TOWNS ALLIANCE LOCATION ADDRESS SCHEDULE Prem # 001 VARIOUS LOCATIONS BRINNON, WA 98320 Issued Date: 02/14/2022 WN IL 27 07 07 INSURED COPY Page 6 of 7 Western National Mutual Insurance Company Policy Number: CPP 1281518 00 4700 West 77th Street POLICY DECLARATION Edina, MN 55435 Named Insured: www.wnins.com EMERALD TOWNS ALLIANCE FORMS AND ENDORSEMENTS SCHEDULE Coverage Line Form Number Ed. Date Description General Liability IL0123 (11/13) WA Changes - Defense Costs General Liability IL0146 (08/10) WA Common Policy Conditions General Liability IL0198 (09/08) Nuclear Energy Liab Excl Endt General Liability CG0001 (04/13) Comml Gen Liab Coverage Form General Liability CG0181 (05/08) WA Changes General Liability CG0197 (12/07) WA Chgs-Empl-Related Practices General Liability CG2106 (05/14) Excl-Access or Disclosure General Liability CG2109 (06/15) Exclusion-Unmanned Aircraft General Liability CG2144 (04/17) Limit.of Covg to Desgnt.Prem General Liability CG2171 (01/15) Excl Oth Acts Terr Outside US General Liability CG2176 (01/15) Excl Punitive Damages General Liability CG2426 (04/13) Amendment of Ins. Contract Def General Liability CG3220 (01/15) WA-Cond Excl of Terrorism General Liability CGMU1078 (12/20) Gen Liab Specialty Solutions General Liability CGMU1129 (12/20) Exclusion-Assault or Battery General Liability CGMU431 (12/20) Excl-Ammunition or Fireworks General Liability CGMU448 (12/20) Excess Provision General Liability CGMU505 (12/20) Exclusion-Trampolines General Liability CGMU588 (12/20) Excl-Mech Op Amusement Devices General Liability WNGLO2 (07/10) Punitive Damages Exclusion General Liability WNGL10 (01/04) Excl-Lead Liability Endt General Liability WNGL104 (03/16) Cyber Liability General Liability WNGL145 (12/18) Cyber Crime Coverage Endt-WA General Liability WNGL15 (12/16) Exclusion-Asbestos General Liability WNGL21 (07/14) Abuse or Molestation Excl General Liability WNGL36 (07/15) Total Liquor Liability Excl General Liability WNGL74 (11/11) EPL Coverage Endorsement General Liability WNGL79 (11/11) Washington Changes Issued Date: 02/14/2022 WN IL 26 07 07 INSURED COPY Page 7 of 7 IL 01 23 11 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - DEFENSE COSTS This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART — LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE PART — MORTGAGEHOLDER'S ERRORS AND OMISSIONS COVERAGE FORM ELECTRONIC DATA LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART A. The provisions of Paragraph B. are added to all 5. Coverage C — Mortgageholder's Liability Insuring Agreements that set forth a duty to under the Mortgageholder's Errors And defend under: Omissions Coverage Form. 1. Section I of the Commercial General Liabil- Paragraph B. also applies to any other provision ity, Commercial Liability Umbrella, Elec- in the policy that sets forth a duty to defend. tronic Data Liability, Farm, Liquor Liability, B. If we initially defend an insured ("insured") or Owners And Contractors Protective Liabil- pay for an insured's ("insured's") defense but ity, Pollution Liability, Products/Completed later determine that none of the claims Operations Liability, Product Withdrawal, ("claims"), for which we provided a defense or Medical Professional Liability, Railroad Pro- defense costs, are covered under this insur- tective Liability and Underground Storage ance, we have the right to reimbursement for Tank Coverage Parts, Auto Dealers Cover- the defense costs we have incurred. age Form and the Farm Umbrella Liability Policy; The right to reimbursement under this provision will only apply to the costs we have incurred 2. Section II under the Auto Dealers, Business after we notify you in writing that there may Auto and Motor Carrier Coverage Forms; not be coverage and that we are reserving our 3. Section III under the Auto Dealers and rights to terminate the defense or the payment Motor Carrier Coverage Forms; of defense costs and to seek reimbursement 4. Section A. Coverage under the Legal Liabil for defense costs. ity Coverage Form; and IL 01 23 11 13 © Insurance Services Office, Inc., 2013 Page 1 of 1 IL01460810 WASHINGTON COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. The conditions in this endorsement replace any 3. We may cancel the Commercial Property similar conditions in the policy that are less Coverage Part and the Capital Assets favorable to the insured. Program (Output Policy) Coverage Part, if A. Cancellation made a part of this policy, by mailing or delivering to the first Named Insured and 1. The first Named Insured shown in the the first Named Insured's agent or broker Declarations may cancel this policy by written notice of cancellation at least five notifying us or the insurance producer in days before the effective date of can- one of the following ways: cellation for any structure where two or a. Written notice by mail, fax or e-mail; more of the following conditions exist: b. Surrender of the policy or binder; or a. Without reasonable explanation, the c. Verbal notice. structure is unoccupied for more than 60 consecutive days, or at least 65% Upon receipt of such notice, we will cancel of the rental units are unoccupied for this policy or any binder issued as evidence more than 120 consecutive days, un- of coverage, effective on the later of the less the structure is maintained for sea- following: sonal occupancy or is under construc- a. The date on which notice is received or tion or repair; the policy or binder is surrendered; or b. Without reasonable explanation, prog- b. The date of cancellation requested by ress toward completion of permanent the first Named Insured. repairs to the structure has not occur- 2. We may cancel this policy by mailing or red within 60 days after receipt of delivering to the first Named Insured and funds following satisfactory adjustment the first Named Insured's agent or broker or adjudication of loss resulting from a fire; written notice of cancellation, including the actual reason for the cancellation, to the c. Because of its physical condition, the last mailing address known to us, at least: structure is in danger of collapse; a. 10 days before the effective date of d. Because of its physical condition, a cancellation if we cancel for non- vacation or demolition order has been payment of premium; or issued for the structure, or it has been b. 45 days before the effective date of declared unsafe in accordance with cancellation if we cancel for any other applicable law; reason; e. Fixed and salvageable items have been except as provided in Paragraphs 3. and 4. removed from the structure, indicating below. an intent to vacate the structure; f. Without reasonable explanation, heat, water, sewer and electricity are not fur- nished for the structure for 60 con- secutive days; or g. The structure is not maintained in substantial compliance with fire, safety and building codes. IL 01 46 08 10 c Insurance Services Office, Inc., 2010 Page 1 of 4 4. If: 7. If this policy is cancelled, we will send the a. You are an individual; first Named Insured any premium refund due. If we cancel, the refund will be pro b. A covered auto you own is of the rata. If the first Named Insured cancels, the "private passenger type"; and refund will be at least 90% of the pro rata c. The policy does not cover garage, auto- refund unless the following applies: mobile sales agency, repair shop, a. For Division Two — Equipment Break- service station or public parking place down, if the first Named Insured can- operations hazards; cels, the refund will be at least 75% of we may cancel the Commercial Automobile the pro rata refund. Coverage Part by mailing or delivering to b. If: the first Named Insured and the first Named Insured's agent or broker written (1) You are an individual; notice of cancellation, including the actual (2) A covered auto you own is of the reason for cancellation, to the last mailing "private passenger type"; address known to us: (3) The policy does not cover garage, a. At least 10 days before the effective automobile sales agency, repair date of cancellation if we cancel for shop, service station or public nonpayment of premium; or parking place operations hazards; b. At least 10 days before the effective and date of cancellation for any other (4) The first Named Insured cancels; reason if the policy is in effect less than the refund will be not less than 90% of 30 days; or any unearned portion not exceeding c. At least 20 days before the effective $100, plus 95% of any unearned por- date of cancellation for other than non- tion over $100 but not exceeding payment if the policy is in effect 30 $500, and not less than 97% of any days or more; or unearned portion in excess of $500. d. At least 20 days before the effective The cancellation will be effective even if we date of cancellation if the policy is in have not made or offered a refund. effect for 60 days or more or is a 8. If notice is mailed, proof of mailing will be renewal or continuation policy, and the sufficient proof of notice. reason for cancellation is that your driver's license or that of any driver B. Changes who customarily uses a covered "auto" The policy contains all the agreements between has been suspended or revoked during you and us concerning the insurance afforded. policy period. The first Named Insured shown in the Declara- 5. We will also mail or deliver to any tions is authorized to make changes in the mortgage holder, pledgee or other person terms of this policy with our consent. This shown in this policy to have an interest in policy's terms can be amended or waived only any loss which may occur under this by endorsement issued by us and made a part policy, at their last mailing address known of this policy. to us, written notice of cancellation, prior C. Examination Of Your Books And Records to the effective date of cancellation. If can We may examine and audit your books and cellation is for reasons other than those records as they relate to this policy at any time contained in Paragraph A.3. above, this notice will be the same as that mailed or during the policy period and up to three years a fterward. delivered to the first Named Insured. If cancellation is for a reason contained in D. Inspection And Surveys Paragraph A.3. above, we will mail or 1. We have the right to: deliver this notice at least 20 days prior to a. Make inspections and surveys at any the effective date of cancellation. time; 6. Notice of cancellation will state the effec- b. Give you reports on the conditions we tive date of cancellation. The policy period will end on that date. find; and c. Recommend changes. Page 2 of 4 © Insurance Services Office, Inc., 2010 IL 01 46 08 10 2. We are not obligated to make any inspec- G. Nonrenewal tions, surveys, reports or recommen- 1. We may elect not to renew this policy by dations, and any such actions we do mailing or delivering written notice of non- undertake relate only to insurability and the renewal, stating the reasons for non- premiums to be charged. We do not make renewal, to the first Named Insured and the safety inspections. We do not undertake to first Named Insured's agent or broker, at perform the duty of any person or organ- their last mailing addresses known to us. ization to provide for the health or safety of We will also mail to any mortgage holder, workers or the public. And we do not pledgee or other person shown in this warrant that conditions: policy to have an interest in any loss which a. Are safe or healthful; or may occur under this policy, at their last b. Comply with laws, regulations, codes mailing address known to us, written or standards. notice of nonrenewal. We will mail or deliver these notices at least 45 days 3. Paragraphs 1. and 2. of this condition before the: apply not only to us, but also to any rating, advisory, rate service or similar organiza a. Expiration of the policy; or tion which makes insurance inspections, b. Anniversary date of this policy if this surveys, reports or recommendations. policy has been written for a term of 4. Paragraph 2. of this condition does not more than one year. apply to any inspections, surveys, reports Otherwise, we will renew this policy un- or recommendations we may make relative less: to certification, under state or municipal a. The first Named Insured fails to pay the statutes, ordinances or regulations, of renewal premium after we have ex- boilers, pressure vessels or elevators. pressed our willingness to renew, in- E. Premiums cluding a statement of the renewal The first Named Insured shown in the Declara premium, to the first Named Insured tions: and the first Named Insured's insurance 1. Is responsible for the agent or broker, at least 20 days before p payment of all pre- the expiration date; miums; and b. Other coverage acceptable to the in- 2. Will be the payee for any return premiums sured has been procured prior to the we pay. expiration date of the policy; or F. Transfer Of Your Rights And Duties Under This c. The policy clearly states that it is not Policy renewable and is for a specific line, Your rights and duties under this policy may sub- classification, or type of coverage not be transferred without our written consent that is not offered on a renewable except in the case of death of an individual basis. Named Insured. 2. If: If you die, your rights and duties will be trans- a. You are an individual; ferred to your legal representative but only while acting within the scope of duties as your b. A covered auto you own is of the legal representative. Until your legal represen- passenger type"; and tative is appointed, anyone having proper tem- c. The policy does not cover garage, auto- porary custody of your property will have your mobile sales agency, repair shop, serv- rights and duties but only with respect to that ice station or public parking place property. operations hazards; IL 01 46 08 10 ° Insurance Services Office, Inc., 2010 Page 3 of 4 the following applies to nonrenewal of the b. We will not refuse to renew Liability Commercial Automobile Coverage Part in Coverage or Collision Coverage solely place of G.1.: because an "insured" has submitted a. We may elect not to renew or continue claims under Comprehensive Coverage this policy by mailing or delivering to or Towing And Labor Coverage. you and your agent or broker written c. If we fail to mail or deliver proper notice at least 20 days before the end notice of nonrenewal and you obtain of the policy period, including the other insurance, this policy will end on actual reason for nonrenewal. If the the effective date of that insurance. policy period is more than one year, we will have the right not to renew or con- tinue it only at an anniversary of its original effective date. If we offer to renew or continue and you do not accept, this policy will terminate at the end of the current policy period. Failure to pay the required renewal or continu- ation premium when due shall mean that you have not accepted our offer. Page 4 of 4 © Insurance Services Office, Inc., 2010 IL 01 46 08 10 IL01980908 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 COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY 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: C. Under any Liability Coverage, to "bodily A. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from injury" or "property damage": "hazardous properties" of "nuclear mater- ial", if: (1) With respect to which an "insured" under the policy is also an insured (1) The "nuclear material" (a) is at any under a nuclear energy liability policy "nuclear facility" owned by, or oper issued by Nuclear Energy Liability ated by or on behalf of, an ' insured" or Insurance Association, Mutual Atomic (b) has been discharged or dispersed Energy Liability Underwriters, Nuclear therefrom; Insurance Association of Canada or any (2) The "nuclear material" is contained in of their successors, or would be an "spent fuel" or "waste" at any time insured under any such policy but for possessed, handled, used, processed, its termination upon exhaustion of its stored, transported or disposed of, by limit of liability; or or on behalf of an "insured"; or (2) Resulting from the "hazardous prop- (3) The "bodily injury" or "property erties" of "nuclear material" and with damage" arises out of the furnishing by respect to which (a) any person or an "insured" of services, materials, organization is required to maintain parts or equipment in connection with financial protection pursuant to the the planning, construction, mainten- Atomic Energy Act of 1954, or any law ance, operation or use of any "nuclear amendatory thereof, or (b) the "in- facility", but if such facility is located sured" is, or had this policy not been within the United States of America, its issued would be, entitled to indemnity territories or possessions or Canada, from the United States of America, or this Exclusion (3) applies only to any agency thereof, under any agree- "property damage" to such "nuclear ment entered into by the United States facility" and any property thereat. of America, or any agency thereof, 2. As used in this endorsement: with any person or organization. "Hazardous properties" includes radioactive, B. Under any Medical Payments Coverage, to toxic or explosive properties; expenses incurred with respect to "bodily injury" resulting from the "hazardous prop- "Nuclear material" means "source material", erties" of "nuclear material" and arising out "Special nuclear material" or "by-product of the operation of a "nuclear facility" by material"; any person or organization. IL 01 98 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 "Source material", "special nuclear material", (c) Any equipment or device used for the and "by-product material" have the meanings processing, fabricating or alloying of given them in the Atomic Energy Act of 1954 "special nuclear material" if at any time the or in any law amendatory thereof; total amount of such material in the "Spent fuel" means any fuel element or fuel custody of the "insured" at the premises component, solid or liquid, which has been where such equipment or device is located used or exposed to radiation in a "nuclear consists of or contains more than 25 grams reactor"; of plutonium or uranium 233 or any combination thereof, or more than 250 "Waste" means any waste material (a) containing grams of uranium 235; "by-product material" other than the tailings or wastes produced by the extraction or concen (d) Any structure, basin, excavation, premises tration of uranium or thorium from any ore or place prepared or used for the storage or processed primarily for its "source material" disposal of "waste"; content, and (b) resulting from the operation by and includes the site on which any of the foregoing any person or organization of any "nuclear facility" is located, all operations conducted on such site included under the first two paragraphs of the and all premises used for such operations; definition of "nuclear facility". "Nuclear reactor" means any apparatus designed or "Nuclear facility" means: used to sustain nuclear fission in a self-supporting (a) Any "nuclear reactor"; chain reaction or to contain a critical mass of fissionable material; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium "Property damage" includes all forms of radioactive or plutonium, (2) processing or utilizing contamination of property. "spent fuel", or (3) handling, processing or packaging "waste"; Page 2 of 2 © ISO Properties, Inc., 2007 IL 01 98 09 08 COMMERCIAL GENERAL LIABILITY COVERAGE FORM QUICK REFERENCE READ YOUR POLICY CAREFULLY The Commercial General Liability Coverage part in your policy consists of Declarations, a Commercial General Liability Coverage Form (CG 00 01), Common Policy Conditions and Endorsements, if applicable. Following is a Quick Reference indexing of the principal provisions contained in each of the components making up the Coverage Part, listed in sequential order. DECLARATIONS Named Insured And Mailing Address Policy Period Coverages And Limits Of Insurance Forms And Endorsements Applying To The Coverage Part At The Time Of Issue COVERAGE FORM (CG 00 01) SECTION I - COVERAGES Coverage A - Bodily Injury And Property Damage Liability Insuring Agreement Exclusions Coverage B - Personal And Advertising Injury Liability Insuring Agreement Exclusions Coverage C - Medical Payments Insuring Agreement Exclusions Supplementary Payments - Coverages A and B SECTION II - WHO IS AN INSURED SECTION III - LIMITS OF INSURANCE SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy Duties In The Event Of Occurrence, Offense, Claim Or Suit Legal Action Against Us Other Insurance Premium Audit Representations Separations Of Insureds Transfer Of Rights Of Recovery Against Others To Us When We Do Not Renew SECTION V - DEFINITIONS COMMON POLICY CONDITIONS A. Cancellation B. Changes C. Examinations Of Your Books And Records D. Inspections And Surveys E. Premiums F. Transfer Of Your Rights And Duties Under This Policy ENDORSEMENTS (If Any) IMPORTANT: This Quick Reference is not part of your Commercial General Liability Policy and does not provide coverage. Refer to your Commercial General Liability Policy for actual contractual provisions. COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (2) The "bodily injury" or "property dam- Read the entire policy carefully to determine rights, age" occurs during the policy period; duties and what is and is not covered. and Throughout this policy the words "you" and "your" (3) Prior to the policy period, no insured refer to the Named Insured shown in the Dec- listed under Paragraph 1. of Section II Iarations, and any other person or organization — Who Is An Insured and no qualifying as a Named Insured under this policy. "employee" authorized by you to give The words "we", "us" and "our" refer to the or receive notice of an "occurrence" or company providing this insurance. claim, knew that the "bodily injury" or The word "insured" means any person or organiza "property damage" had occurred, in tion qualifying as such under Section II — Who Is whole or in part. If such a listed insured An Insured. or authorized "employee" knew, prior to the policy period, that the "bodily Other words and phrases that appear in quotation injury" or "property damage" occurred, marks have special meaning. Refer to Section V then any continuation, change or re- -Definitions. sumption of such "bodily injury" or SECTION I — COVERAGES "property damage" during or after the COVERAGE A — BODILY INJURY AND PROPERTY policy period will be deemed to have DAMAGE LIABILITY been known prior to the policy period. 1. Insuring Agreement c. "Bodily injury" or "property damage" which occurs during the policy period and was a. We will pay those sums that the insured not, prior to the policy period, known to becomes legally obligated to pay as have occurred by any insured listed under damages because of "bodily injury" or Paragraph 1. of Section II — Who Is An "property damage" to which this insurance Insured or any "employee" authorized by applies. We will have the right and duty to you to give or receive notice of an "occurr- defend the insured against any "suit" ence" or claim, includes any continuation, seeking those damages. However, we will change or resumption of that "bodily have no duty to defend the insured against injury" or "property damage" after the end any "suit" seeking damages for "bodily of the policy period. injury" or "property damage" to which this d. "Bodily injury" or "property damage" will insurance does not apply. We may, at our discretion, investigate any "occurrence" be deemed to have been known to have and settle any claim or "suit" that may occurred at the earliest time when any result. But: insured listed under Paragraph 1. of Section II — Who Is An Insured or any (1) The amount we will pay for damages is "employee" authorized by you to give or limited as described in Section III — receive notice of an "occurrence" or claim: Limits Of Insurance; and (1) Reports all, or any part, of the "bodily (2) Our right and duty to defend ends injury" or "property damage" to us or when we have used up the applicable any other insurer; limit of insurance in the payment of judgments or settlements under Coy- (2) Receives a written or verbal demand or erages A or B or medical expenses claim for damages because of the under Coverage C. "bodily injury" or "property damage"; or No other obligation or liability to pay sums or perform acts or services is covered (3) Becomes aware by any other means unless explicitly provided for under Supple- that "bodily injury" or "property dam mentary Payments — Coverages A and B. age" has occurred or has begun to occur. b. This insurance applies to "bodily injury" and "property damage" only if: e. Damages because of "bodily injury" include damages claimed by any person or organ- (1) The "bodily injury" or "property dam- ization for care, loss of services or death age" is caused by an "occurrence" that resulting at any time from the "bodily takes place in the "coverage territory"; CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 16 injury". use of alcoholic beverages. 2. Exclusions This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or a. Expected Or Intended Injury other wrongdoing in: "Bodily injury" or "property damage" ex (a) The supervision, hiring, employ- -pected or intended from the standpoint of meet, training or monitoring of others by that insured; or the insured. This exclusion does not apply to "bodily injury" resulting from the use of lb) Providing or failing to provide reasonable force to protect persons or transportation with respect to any property. person that may be under the influence of alcohol; b. Contractual Liability if the "occurrence" which caused the "Bodily injury" or "property damage" for "bodily injury" or "property damage", invol- which the insured is obligated to pay ved that which is described in Paragraph damages by reason of the assumption of (1), (2) or (3) above. liability in a contract or agreement. This exclusion does not apply to liability for However, this exclusion applies only if you damages: are in the business of manufacturing, (1) That the insured would have in the ab- distributing, selling, serving or furnishing sence of the contract or agreement; or alcoholic beverages. For the purposes of this exclusion, permitting a person to bring (2) Assumed in a contract or agreement alcoholic beverages on your premises, for that is an "insured contract", provided consumption on your premises, whether or the "bodily injury" or "property dam- not a fee is charged or a license is required age" occurs subsequent to the execu- for such activity, is not by itself considered tion of the contract or agreement. the business of selling, serving or fur- Solely for the purposes of liability nishing alcoholic beverages. assumed in an "insured contract", d. Workers' Compensation And Similar Laws reasonable attorneys' fees and neces- sary litigation expenses incurred by or Any obligation of the insured under a for a party other than an insured are workers' compensation, disability benefits deemed to be damages because of or unemployment compensation law or any "bodily injury" or "property damage", similar law. provided: e. Employer's Liability (a) Liability to such party for, or for the "Bodily injury" to: cost of, that party's defense has also been assumed in the same (1) An "employee" of the insured arising out of and in the course of: "insured contract"; and (b) Such attorneys' fees and litigation (a) Employment by the insured; or expenses are for defense of that (b) Performing duties related to the party against a civil or alternative conduct of the insured's business; dispute resolution proceeding in or which damages to which this in- (2) The spouse, child, parent, brother or surance applies are alleged. sister of that "employee" as a con- c. Liquor Liability sequence of Paragraph (1) above. "Bodily injury" or "property damage" for This exclusion applies whether the insured which any insured may be held liable by may be liable as an employer or in any reason of: other capacity and to any obligation to (1) Causing or contributing to the intoxica- share damages with or repay someone else tion of any person; who must pay damages because of the injury. (2) The furnishing of alcoholic beverages to This exclusion does not apply to liability a person under the legal drinking age or assumed by the insured under an "insured under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or Page 2 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 contract". sponsible; or f. Pollution (d) At or from any premises, site or (1) "Bodily injury" or "property damage" location on which any insured or arising out of the actual, alleged or any contractors or subcontractors threatened discharge, dispersal, see- working directly or indirectly on any page, migration, release or escape of insured's behalf are performing op "pollutants": erations if the "pollutants" are brought on or to the premises, site (a) At or from any premises, site or or location in connection with such location which is or was at any operations by such insured, con- time owned or occupied by, or tractor or subcontractor. How- rented or loaned to, any insured. ever, this subparagraph does not However, this subparagraph does apply to: not apply to: (i) "Bodily injury" or "property li► "Bodily injury" if sustained damage" arising out of the within a building and caused by escape of fuels, lubricants or smoke, fumes, vapor or soot other operating fluids which are produced by or originating from needed to perform the normal equipment that is used to heat, electrical, hydraulic or me- cool or dehumidify the building, chanical functions necessary for or equipment that is used to the operation of "mobile equip- heat water for personal use, by ment" or its parts, if such fuels, the building's occupants or lubricants or other operating their guests; fluids escape from a vehicle (ii) "Bodily injury" or "property part designed to hold, store or damage" for which you may be receive them. This exception held liable, if you are a con- does not apply if the "bodily tractor and the owner or lessee injury" or "property damage" of such premises, site or loca- arises out of the intentional tion has been added to your discharge, dispersal or release policy as an additional insured of the fuels, lubricants or other with respect to your ongoing operating fluids, or if such operations performed for that fuels, lubricants or other oper- additional insured at that ating fluids are brought on or to premises, site or location and the premises, site or location such premises, site or location with the intent that they be is not and never was owned or discharged, dispersed or re- occupied by, or rented or leased as part of the operations loaned to, any insured, other being performed by such than that additional insured; or insured, contractor or subcon- (iii) "Bodily injury" or "property tractor; damage" arising out of heat, (ii) "Bodily injury" or "property smoke or fumes from a "hostile damage" sustained within a fire"; building and caused by the re- (b) At or from any premises, site or lease of gases, fumes or vapors location which is or was at any from materials brought into that time used by or for any insured or building in connection with op others for the handling, storage, erations being performed by disposal, processing or treatment of you or on your behalf by a con waste; tractor or subcontractor; or (c) Which are or were at any time Oil "Bodily injury" or "property transported, handled, stored, treat- damage" arising out of heat, ed, disposed of, or processed as smoke or fumes from a "hostile waste by or for: fire". (i) Any insured; or (e) At or from any premises, site or location on which any insured or (ii) Any person or organization for any contractors or subcontractors whom you may be legally re- CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 16 working directly or indirectly on any (a) Less than 26 feet long; and insured's behalf are performing operations if the operations are to (b) Not being used to carry persons or test for, monitor, clean up, remove, property for a charge; contain, treat, detoxify or neutra- (3) Parking an "auto" on, or on the ways lize, or in any way respond to, or next to, premises you own or rent, assess the effects of, "pollutants". provided the "auto" is not owned by or (2) Any loss, cost or expense arising out of rented or loaned to you or the insured; any: (4) Liability assumed under any "insured (a) Request, demand, order or stat- contract" for the ownership, mainten- utory or regulatory requirement that ance or use of aircraft or watercraft; or any insured or others test for, (5) "Bodily injury" or "property damage" monitor, clean up, remove, contain, arising out of: treat, detoxify or neutralize, or in any way respond to, or assess the (a) The operation of machinery or effects of, "pollutants"; or equipment that is attached to, or part of, a land vehicle that would (b) Claim or suit by or on behalf of a qualify under the definition of "mo- governmental authority for dam- bile equipment" if it were not ages because of testing for, mon- subject to a compulsory or financial itoring, cleaning up, removing, responsibility law or other motor containing, treating, detoxifying or vehicle insurance law where it is neutralizing, or in any way re- licensed or principally garaged; or sponding to, or assessing the ef- (b) The operation of any of the mach- fects of, "pollutants". inery or equipment listed in Para- However, this paragraph does not graph f.(2) or f.(3) of the definition apply to liability for damages because of "mobile equipment". of "property damage" that the insured h. Mobile Equipment would have in the absence of such request, demand, order or statutory or "Bodily injury" or "property damage" regulatory requirement, or such claim arising out of: or "suit" by or on behalf of a govern- (1) The transportation of "mobile equip- mental authority. ment" by an "auto" owned or operated g. Aircraft, Auto Or Watercraft by or rented or loaned to any insured; "Bodily injury" or "property damage" or arising out of the ownership, maintenance, (2) The use of "mobile equipment" in, or use or entrustment to others of any air- while in practice for, or while being craft, "auto" or watercraft owned or prepared for, any prearranged racing, operated by or rented or loaned to any speed, demolition, or stunting activity. insured. Use includes operation and i. War "loading or unloading". "Bodily injury" or "property damage", how- This exclusion applies even if the claims ever caused, arising, directly or indirectly, against any insured allege negligence or out of: other wrongdoing in the supervision, hiring, employment, training or monitoring of (1) War, including undeclared or civil war; others by that insured, if the "occurrence" (2) Warlike action by a military force, which caused the "bodily injury" or "prop- including action in hindering or de- erty damage" involved the ownership, fending against an actual or expected maintenance, use or entrustment to others attack, by any government, sovereign of any aircraft, "auto" or watercraft that is or other authority using military owned or operated by or rented or loaned personnel or other agents; or to any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by gov- (1) A watercraft while ashore on premises ernmental authority in hindering or you own or rent; (2) A watercraft you do not own that is: Page 4 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 defending against any of these. and". j. Damage To Property This exclusion does not apply if the "Property damage" to: damaged work or the work out of which (1) Propertythe damage arises was performed on your you own, rent, or occupy, behalf by a subcontractor. including any costs or expenses incur- red by you, or any other person, m. Damage To Impaired Property Or Property organization or entity, for repair, re Not Physically Injured placement, enhancement, restoration or "Property damage" to "impaired property" maintenance of such property for any or property that has not been physically reason, including prevention of injury to injured, arising out of: a person or damage to another's prop- (1) A defect, deficiency, inadequacy or erty; dangerous condition in "your product" (2) Premises you sell, give away or aban- or "your work"; or don, if the "property damage" arises (2) A delay out of any part of those premises; or failure b Y you or anyone acting on your behalf to perform a con- (3) Property loaned to you; tract or agreement in accordance with (4) Personal property in the care, custody its terms. or control of the insured; This exclusion does not apply to the loss of (5) That particular part of real property on use of other property arising out of sudden which you or any contractors or sub- and accidental physical injury to "your contractors working directly or indir product" or "your work" after it has been ectly on your behalf are performing put to its intended use. operations, if the "property damage" n. Recall Of Products, Work Or Impaired arises out of those operations; or Property (6) That particular part of any property that Damages claimed for any loss, cost or must be restored, repaired or replaced expense incurred by you or others for the because "your work" was incorrectly loss of use, withdrawal, recall, inspection, performed on it. repair, replacement, adjustment, removal or Paragraphs (1), (3) and (4) of this exclusion disposal of: do not apply to "property damage" (other (1) "Your product"; than damage by fire) to premises, including (2) "Your work"; or the contents of such premises, rented to you for a period of seven or fewer (3) "Impaired property"; consecutive days. A separate limit of if such product, work, or property is with- insurance applies to Damage To Premises drawn or recalled from the market or from Rented To You as described in Section III — use by any person or organization because Limits Of Insurance. of a known or suspected defect, defi- Paragraph (2) of this exclusion does not ciency, inadequacy or dangerous condition apply if the premises are "your work" and in it. were never occupied, rented or held for o. Personal And Advertising Injury rental by you. "Bodily injury" arising out of "personal and Paragraphs (3), (4), (5) and (6) of this advertising injury". exclusion do not apply to liability assumed p. Electronic Data under a sidetrack agreement. Damages arising out of the loss of, loss of Paragraph (6) of this exclusion does not applyuse of, damage to, corruption of, inability to "property damage" included in the "products-completed operations hazard". to access, or inability to manipulate elec- "products-completed data. k. Damage To Your Product However, this exclusion does not apply to "Property damage" to "your product" liability for damages because of "bodily arising out of it or any part of it. injury". I. Damage To Your Work As used in this exclusion, electronic data "Property damage" to "your work" arising means information, facts or programs out of it or any part of it and included in stored as or on, created or used on, or the "products-completed operations haz- CG 00 01 04 13 ° Insurance Services Office, Inc., 2012 Page 5 of 16 transmitted to or from computer software, Limits Of Insurance; and including systems and applications soft- (2) Our right and duty to defend end when ware, hard or floppy disks, CD-ROMs, we have used up the applicable limit of tapes, drives, cells, data processing de- insurance in the payment of judgments vices or any other media which are used or settlements under Coverages A or B with electronically controlled equipment. or medical expenses under Coverage C. q. Recording And Distribution Of Material Or No other obligation or liability to pay sums Information In Violation Of Law or perform acts or services is covered "Bodily injury" or "property damage" unless explicitly provided for under Supple- arising directly or indirectly out of any mentary Payments — Coverages A and B. action or omission that violates or is b. This insurance applies to "personal and alleged to violate: advertising injury" caused by an offense (1) The Telephone Consumer Protection arising out of your business but only if the Act (TCPA), including any amendment offense was committed in the "coverage of or addition to such law; territory" during the policy period. (2) The CAN-SPAM Act of 2003, including 2. Exclusions any amendment of or addition to such This insurance does not apply to: law; (3) The Fair Credit Reporting Act (FCRA), a. Knowing Violation Of Rights Of Another and any amendment of or addition to "Personal and advertising injury" caused by such law, including the Fair and or at the direction of the insured with the Accurate Credit Transactions Act knowledge that the act would violate the (FACTA); or rights of another and would inflict "per- (4) Any federal, state or local statute, or— dinance or regulation, other than the b. Material Published With Knowledge Of TCPA, CAN-SPAM Act of 2003 or Falsity FCRA and their amendments and addi- "Personal and advertising injury" arising tions, that addresses, prohibits, or out of oral or written publication, in any limits the printing, dissemination, manner, of material, if done by or at the disposal, collecting, recording, sending, direction of the insured with knowledge of transmitting, communicating or dis- its falsity. tribution of material or information. c. Material Published Prior To Policy Period Exclusions c. through n. do not apply to "Personal and advertising injury" arising damage by fire to premises while rented to you out of oral or written publication, in any or temporarily occupied by you with permission of the owner. A separate limit of insurance manner, of material whose first publication took place before the beginning of the applies to this coverage as described in Section III — Limits Of Insurance. policy period. COVERAGE B — PERSONAL AND ADVERTISING d. Criminal Acts INJURY LIABILITY "Personal and advertising injury" arising 1. Insuring Agreement out of a criminal act committed by or at the direction of the insured. a. We will pay those sums that the insured e. Contractual Liability becomes legally obligated to pay as damages because of "personal and "Personal and advertising injury" for which advertising injury" to which this insurance the insured has assumed liability in a applies. We will have the right and duty to contract or agreement. This exclusion does defend the insured against any "suit" not apply to liability for damages that the seeking those damages. However, we will insured would have in the absence of the have no duty to defend the insured against contract or agreement. any "suit" seeking damages for "personal f. Breach Of Contract and advertising injury" to which this insurance does not apply. We may, at our "Personal and advertising injury" arising discretion, investigate any offense and out of a breach of contract, except an settle any claim or "suit" that may result. implied contract to use another's adver But: tising idea in your "advertisement". (1) The amount we will pay for damages is limited as described in Section III — Page 6 of 16 ° Insurance Services Office, Inc., 2012 CG 00 01 04 13 g. Quality Or Performance Of Goods — Failure name or product in your e-mail address, To Conform To Statements domain name or metatag, or any other "Personal and advertising injury" arising similar tactics to mislead another's poten- out of the failure of goods, products or tial customers. services to conform with any statement of m. Pollution quality or performance made in your "ad- "Personal and advertising injury" arising vertisement". out of the actual, alleged or threatened h. Wrong Description Of Prices discharge, dispersal, seepage, migration, "Personal and advertising injury" arising release or escape of "pollutants" at any time. out of the wrong description of the price of goods, products or services stated in your n. Pollution related "advertisement". Any loss, cost or expense arising out of i. Infringement Of Copyright, Patent, Trade- any: mark Or Trade Secret (1) Request, demand, order or statutory or "Personal and advertising injury" arising regulatory requirement that any insured out of the infringement of copyright, or others test for, monitor, clean up, patent, trademark, trade secret or other remove, contain, treat, detoxify or intellectual property rights. Under this neutralize, or in any way respond to, or exclusion, such other intellectual property assess the effects of, "pollutants"; or rights do not include the use of another's (2) Claim or suit by or on behalf of a gov- advertising idea in your "advertisement". ernmental authority for damages be- However, this exclusion does not apply to cause of testing for, monitoring, infringement, in your "advertisement", of cleaning up, removing, containing, copyright, trade dress or slogan. treating, detoxifying or neutralizing, or j. Insureds In Media And Internet Type in any way responding to, or assessing the effects of, "pollutants". Businesses o. War "Personal and advertising injury" com- mitted by an insured whose business is: "Personal and advertising injury", however (1) Advertising, broadcasting, caused, arising, directly or indirectly, out publishing or of: telecasting; (2) Designing or determining content of (1) War, including undeclared or civil war; web sites for others; or (2) Warlike action by a military force, including action in hindering or de- (3) An Internet search, access, content or fending against an actual or expected service provider. attack, by any government, sovereign However, this exclusion does not apply to or other authority using military per- Paragraphs 14.a., b. and c. of "personal sonnel or other agents; or and advertising injury" under the Defini- (3) Insurrection, rebellion, revolution, tions section. usurped power, or action taken by For the purposes of this exclusion, the governmental authority in hindering or placing of frames, borders or links, or defending against any of these. advertising, for you or others anywhere on p. Recording And Distribution Of Material Or the Internet, is not by itself, considered the Information In Violation Of Law business of advertising, broadcasting, pub- lishing or telecasting. "Personal and advertising injury" arising directly or indirectly out of any action or k. Electronic Chatrooms Or Bulletin Boards omission that violates or is alleged to vio- "Personal and advertising injury" arising late: out of an electronic chatroom or bulletin (1) The Telephone Consumer Protection board the insured hosts, owns, or over Act (TCPA), including any amendment which the insured exercises control. of or addition to such law; I. Unauthorized Use Of Another's Name Or (2) The CAN-SPAM Act of 2003, including Product any amendment of or addition to such "Personal and advertising injury" arising law; out of the unauthorized use of another's CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 16 (3) The Fair Credit Reporting Act (FCRA), b. Hired Person and any amendment of or addition to such law, including the Fair and Ac- To a person hired to do work for or on behalf of any insured or a tenant of any curate Credit Transactions Act insured. (FACTA); or c. Injury On Normally Occupied Premises 141 Any federal, state or local statute, ordinance or regulation, other than the To a person injured on that part of prem- TCPA, CAN-SPAM Act of 2003 or ises you own or rent that the person FCRA and their amendments and normally occupies. additions, that addresses, prohibits, or d. Workers' Compensation And Similar Laws limits the printing, dissemination, dis- To a person, whether or not an "employee" posal, collecting, recording, sending, of any insured, if benefits for the "bodily transmitting, communicating or dis- tribution of material or information. injury" are payable or must be provided under a workers' compensation or disability COVERAGE C — MEDICAL PAYMENTS benefits law or a similar law. 1. Insuring Agreement e. Athletics Activities a. We will pay medical expenses as described To a person injured while practicing, in- below for "bodily injury" caused by an structing or participating in any physical accident: exercises or games, sports, or athletic con- (1) On premises you own or rent; tests. (21 On ways next to premises you own or f. Products-Completed Operations Hazard rent; or Included within the "products-completed (3) Because of your operations; operations hazard". provided that: g. Coverage A Exclusions (a) The accident takes place in the Excluded under Coverage A. "coverage territory" and during the SUPPLEMENTARY PAYMENTS — COVERAGES A policy period; AND B (b) The expenses are incurred and 1. We will pay, with respect to any claim we reported to us within one year of investigate or settle, or any "suit" against an the date of the accident; and insured we defend: (c) The injured person submits to a. All expenses we incur. examination, at our expense, by b. Up to $250 for cost of bail bonds required physicians of our choice as often as because of accidents or traffic law vio- we reasonably require. lations arising out of the use of any vehicle b. We will make these payments regardless of to which the Bodily Injury Liability fault. These payments will not exceed the Coverage applies. We do not have to applicable limit of insurance. We will pay furnish these bonds. reasonable expenses for: c. The cost of bonds to release attachments, (1) First aid administered at the time of an but only for bond amounts within the accident; applicable limit of insurance. We do not (2) Necessary medical, surgical, X-ray and have to furnish these bonds. dental services, including prosthetic d. All reasonable expenses incurred by the devices; and insured at our request to assist us in the (3) Necessary ambulance, hospital, profes- investigation or defense of the claim or sional nursing and funeral services. "suit", including actual loss of earnings up to $250 a day because of time off from 2. Exclusions work. We will not pay expenses for "bodily injury": e. All court costs taxed against the insured in a. Any Insured the "suit". However, these payments do To any insured, except "volunteer work not include attorneys' fees or attorneys' ers". Page 8 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 expenses taxed against the insured. ance available to the indemnitee; f. Prejudgment interest awarded against the and insured on that part of the judgment we (2) Provides us with written authorization pay. If we make an offer to pay the to: applicable limit of insurance, we will not (a) Obtain records and other informa- pay any prejudgment interest based on that tion related to the "suit"; and period of time after the offer. g. All interest on the full amount of any (b) Conduct and control the defense of the indemnitee in such "suit". judgment that accrues after entry of the judgment and before we have paid, offered So long as the above conditions are met, attor- to pay, or deposited in court the part of the neys' fees incurred by us in the defense of that judgment that is within the applicable limit indemnitee, necessary litigation expenses incur- of insurance. red by us and necessary litigation expenses incurred by the indemnitee at our request will These payments will not reduce the limits of be paid as Supplementary Payments. Not- insurance. withstanding the provisions of Paragraph 2. If we defend an insured against a "suit" and an 2.b.(2) of Section I - Coverage A - Bodily indemnitee of the insured is also named as a Injury And Property Damage Liability, such party to the "suit", we will defend that payments will not be deemed to be damages indemnitee if all of the following conditions are for "bodily injury" and "property damage" and met: will not reduce the limits of insurance. a. The "suit" against the indemnitee seeks Our obligation to defend an insured's indem- damages for which the insured has nitee and to pay for attorneys' fees and assumed the liability of the indemnitee in a necessary litigation expenses as Supplementary contract or agreement that is an "insured Payments ends when we have used up the contract"; applicable limit of insurance in the payment of b. This insurance applies to such liability judgments or settlements or the conditions set assumed by the insured; forth above, or the terms of the agreement described in Paragraph f. above, are no longer c. The obligation to defend, or the cost of the met. defense of, that indemnitee, has also been SECTION II - WHO IS AN INSURED assumed by the insured in the same "insured contract"; 1. If you are designated in the Declarations as: d. The allegations in the "suit" and the in- a. An individual, you and your spouse are formation we know about the "occurrence" insureds, but only with respect to the are such that no conflict appears to exist conduct of a business of which you are the between the interests of the insured and sole owner. the interests of the indemnitee; b. A partnership or joint venture, you are an e. The indemnitee and the insured ask us to insured. Your members, your partners, and conduct and control the defense of that their spouses are also insureds, but only indemnitee against such "suit" and agree with respect to the conduct of your busi- that we can assign the same counsel to ness. defend the insured and the indemnitee; and c. A limited liability company, you are an f. The indemnitee: insured. Your members are also insureds, (1) Agrees in writing to: but only with respect to the conduct of (a) Cooperate with us in the in- your business. Your managers are insureds, but only with respect to their duties as vestigation, settlement or defense your managers. of the "suit"; (b) Immediately send us copies of any d. An organization other than a partnership, demands, notices, summonses or joint venture or limited liability company, papers received in connection you are an insured. Your "executive of- legalficers" and directors are insureds, but only with the "suit"; with respect to their duties as your officers (c) Notify any other insurer whose or directors. Your stockholders are also coverage is available to the indem- insureds, but only with respect to their nitee; and liability as stockholders. (d) Cooperate with us with respect to e. A trust, you are an insured. Your trustees coordinating other applicable insur- CG 00 01 04 13 ° Insurance Services Office, Inc., 2012 Page 9 of 16 are also insureds, but only with respect to "volunteer worker"), or any organization their duties as trustees. while acting as your real estate manager. 2. Each of the following is also an insured: c. Any person or organization having proper a. Your "volunteer workers" only while per- temporary custody of your property if you forming duties related to the conduct of die, but only: your business, or your "employees", other (1) With respect to liability arising out of than either your "executive officers" (if you the maintenance or use of that prop- are an organization other than a partner- erty; and ship, joint venture or limited liability (2) Until your legal representative has been company) or your managers (if you are a appointed. limited liability company), but only for acts within the scope of their employment by d. Your legal representative if you die, but you or while performing duties related to only with respect to duties as such. That the conduct of your business. However, representative will have all your rights and none of these "employees" or "volunteer duties under this Coverage Part. workers" are insureds for: 3. Any organization you newly acquire or form, (1) "Bodily injury" or "personal and adver- other than a partnership, joint venture or tising injury": limited liability company, and over which you maintain ownership or majority interest, will (a) To you, to your partners or mem- qualify as a Named Insured if there is no other bers (if you are a partnership or similar insurance available to that organization. joint venture), to your members (if However: you are a limited liability company), to a co-"employee" while in the a. Coverage under this provision is afforded course of his or her employment or only until the 90th day after you acquire or performing duties related to the form the organization or the end of the conduct of your business, or to policy period, whichever is earlier; your other "volunteer workers" b. Coverage A does not apply to "bodily while performing duties related to injury" or "property damage" that occurred the conduct of your business; before you acquired or formed the organ- (b) To the spouse, child, parent, ization; and brother or sister of that co- c. Coverage B does not apply to "personal "employee" or "volunteer worker" and advertising injury" arising out of an as a consequence of Paragraph offense committed before you acquired or (1)(a) above; formed the organization. (c) For which there is any obligation to No person or organization is an insured with share damages with or repay some- respect to the conduct of any current or past one else who must pay damages partnership, joint venture or limited liability com- because of the injury described in pany that is not shown as a Named Insured in the Paragraph (1)(a) or (b) above; or Declarations. (d) Arising out of his or her providing SECTION III — LIMITS OF INSURANCE or failing to provide professional 1. The Limits of Insurance shown in the Dec- health care services. larations and the rules below fix the most we (2) "Property damage" to property: will pay regardless of the number of: (a) Owned, occupied or used by; a. Insureds; (b) Rented to, in the care, custody or b. Claims made or "suits" brought; or control of, or over which physical c. Persons or organizations making claims or control is being exercised for any bringing "suits". purpose by; you, any of your "employees", "volun 2. The General Aggregate Limit is the most we teer workers", any partner or member will pay for the sum of: (if you are a partnership or joint yen- a. Medical expenses under Coverage C; ture), or any member (if you are a b. Damages under Coverage A, except dam- limited liability company). ages because of "bodily injury" or "prop- b. Any person (other than your "employee" or erty damage" included in the "products- Page 10 of 16 ° Insurance Services Office, Inc., 2012 CG 00 01 04 13 completed operations hazard"; and (1) How, when and where the "occurr- c. Damages under Coverage B. ence" or offense took place; 3. The Products-Completed Operations Aggregate (2) The names and addresses of any in- Limit is the most we will pay under Coverage A jured persons and witnesses; and for damages because of "bodily injury" and (3) The nature and location of any injury or "property damage" included in the "products- damage arising out of the "occurrence" completed operations hazard". or offense. 4. Subject to Paragraph 2. above, the Personal b. If a claim is made or "suit" is brought And Advertising Injury Limit is the most we will against any insured, you must: pay under Coverage B for the sum of all damages because of all "personal and ad- (1) Immediately record the specifics of the vertising injury" sustained by any one person claim or "suit" and the date received; or organization. and 5. Subject to Paragraph 2. or 3. above, whichever (2) Notify us as soon as practicable. applies, the Each Occurrence Limit is the most You must see to it that we receive written we will pay for the sum of: notice of the claim or "suit" as soon as a. Damages under Coverage A; and practicable. b. Medical expenses under Coverage C c. You and any other involved insured must: because of all "bodily injury" and "property (1) Immediately send us copies of any damage" arising out of any one "occurrence". demands, notices, summonses or legal papers received in connection with the 6. Subject to Paragraph 5. above, the Damage To claim or "suit"; Premises Rented To You Limit is the most we will pay under Coverage A for damages (2) Authorize us to obtain records and because of "property damage" to any one other information; premises, while rented to you, or in the case of (3) Cooperate with us in the investigation damage by fire, while rented to you or or settlement of the claim or defense temporarily occupied by you with permission of against the "suit"; and the owner. (4) Assist us, upon our request, in the en- 7. Subject to Paragraph 5. above, the Medical forcement of any right against any Expense Limit is the most we will pay under person or organization which may be Coverage C for all medical expenses because liable to the insured because of injury of "bodily injury" sustained by any one person. or damage to which this insurance may The Limits of Insurance of this Coverage Part apply also apply. separately to each consecutive annual period and d. No insured will, except at that insured's to any remaining period of less than 12 months, own cost, voluntarily make a payment, starting with the beginning of the policy period assume any obligation, or incur any ex- shown in the Declarations, unless the policy period pense, other than for first aid, without our is extended after issuance for an additional period consent. of less than 12 months. In that case, the additional 3. Legal Action Against Us period will be deemed part of the last preceding period for purposes of determining the Limits of No person or organization has a right under Insurance. this Coverage Part: SECTION IV — COMMERCIAL GENERAL LIABILITY a. To join us as a party or otherwise bring us CONDITIONS into a "suit" asking for damages from an 1. Bankruptcy insured; or Bankruptcy or insolvency of the insured or of b. To sue us on this Coverage Part unless all the insured's estate will not relieve us of our of its terms have been fully complied with. obligations under this Coverage Part. A person or organization may sue us to recover 2. Duties In The Event Of Occurrence, Offense, on an agreed settlement or on a final judgment Claim Or Suit against an insured; but we will not be liable for damages that are not payable under the terms a. You must see to it that we are notified as of this Coverage Part or that are in excess of soon as practicable of an "occurrence" or the applicable limit of insurance. An agreed an offense which may result in a claim. To settlement means a settlement and release of the extent possible, notice should include: CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 16 liability signed by us, the insured and the entitled to the insured's rights against claimant or the claimant's legal representative. all those other insurers. 4. Other Insurance (3) When this insurance is excess over If other valid and collectible insurance is other insurance, we will pay only our available to the insured for a loss we cover share of the amount of the loss, if any, under Coverages A or B of this Coverage Part, that exceeds the sum of: our obligations are limited as follows: (a) The total amount that all such other a. Primary Insurance insurance would pay for the loss in the absence of this insurance; and This insurance is primary except when Paragraph b. below applies. If this (b) The total of all deductible and self- insurance is primary, our obligations are insured amounts under all that not affected unless any of the other other insurance. insurance is also primary. Then, we will (4) We will share the remaining loss, if share with all that other insurance by the any, with any other insurance that is method described in Paragraph c. below. not described in this Excess Insurance b. Excess Insurance provision and was not bought spec- ifically to apply in excess of the Limits (1) This insurance is excess over: of Insurance shown in the Declarations (a) Any of the other insurance, wheth- of this Coverage Part. er primary, excess, contingent or c. Method Of Sharing on any other basis: If all of the other insurance permits contrib- (i) That is Fire, Extended Cover- ution by equal shares, we will follow this age, Builder's Risk, Installation method also. Under this approach each Risk or similar coverage for insurer contributes equal amounts until it "your work"; has paid its applicable limit of insurance or (ii1 That is Fire insurance for prem- none of the loss remains, whichever comes ises rented to you or tempor- first. arily occupied by you with If any of the other insurance does not permission of the owner; permit contribution by equal shares, we will (iii) That is insurance purchased by contribute by limits. Under this method, you to cover your liability as a each insurer's share is based on the ratio tenant for "property damage" of its applicable limit of insurance to the to premises rented to you or total applicable limits of insurance of all temporarily occupied by you insurers. with permission of the owner; 5. Premium Audit or a. We will compute all premiums for this (iv) If the loss arises out of the Coverage Part in accordance with our rules maintenance or use of aircraft, and rates. "autos" or watercraft to the extent not subject to Exclusion b. Premium shown in this Coverage Part as g. of Section I — Coverage A — advance premium is a deposit premium Bodily Injury And Property only. At the close of each audit period we Damage Liability. will compute the earned premium for that (b) Anyother primaryinsurance avail- period and send notice to the first Named Insured. The due date for audit and able to you covering liability for retrospective premiums is the date shown damages arising out of the prem- as the due date on the bill. If the sum of ises or operations, or the products the advance and audit premiums paid for and completed operations, for the policy period is greater than the earned which you have been added as an premium, we will return the excess to the additional insured. first Named Insured. (2) When this insurance is excess, we will c. The first Named Insured must keep records have no duty under Coverages A or B of the information we need for premium to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be Page 12 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 computation, and send us copies at such cluding any attached machinery or equip- times as we may request. ment; or 6. Representations b. Any other land vehicle that is subject to a By accepting this policy, you agree: compulsory or financial responsibility law or other motor vehicle insurance law where a. The statements in the Declarations are it is licensed or principally garaged. accurate and complete; However, "auto" does not include "mobile b. Those statements are based upon repre- equipment". sentations you made to us; and 3. "Bodily injury" means bodily injury, sickness or c. We have issued this policy in reliance upon disease sustained by a person, including death your representations. resulting from any of these at any time. 7. Separation Of Insureds 4. "Coverage territory" means: Except with respect to the Limits of Insurance, a. The United States of America (including its and any rights or duties specifically assigned in territories and possessions), Puerto Rico this Coverage Part to the first Named Insured, and Canada; this insurance applies: b. International waters or airspace, but only if a. As if each Named Insured were the only the injury or damage occurs in the course Named Insured; and of travel or transportation between any b. Separately to each insured against whom places included in Paragraph a. above; or claim is made or "suit" is brought. c. All other parts of the world if the injury or 8. Transfer Of Rights Of Recovery Against Others damage arises out of: To Us (1) Goods or products made or sold by you If the insured has rights to recover all or part of in the territory described in Paragraph any payment we have made under this Coy- a. above; erage Part, those rights are transferred to us. (2) The activities of a person whose home The insured must do nothing after loss to is in the territory described in Para- impair them. At our request, the insured will graph a. above, but is away for a short bring "suit" or transfer those rights to us and time on your business; or help us enforce them. When We Do Not Renew (3) "Personal and advertising injury" of- 9. fenses that take place through the If we decide not to renew this Coverage Part, Internet or similar electronic means of we will mail or deliver to the first Named communication; Insured shown in the Declarations written provided the insured's responsibility to pay notice of the nonrenewal not less than 30 days damages is determined in a "suit" on the before the expiration date. merits, in the territory described in Paragraph If notice is mailed, proof of mailing will be a. above or in a settlement we agree to. sufficient proof of notice. 5. "Employee" includes a "leased worker". "Em- SECTION V — DEFINITIONS ployee" does not include a "temporary 1. "Advertisement" means a notice that is worker". broadcast or published to the general public or 6. "Executive officer" means a person holding any specific market segments about your goods, of the officer positions created by your charter, products or services for the purpose of constitution, bylaws or any other similar attracting customers or supporters. For the governing document. purposes of this definition: 7. "Hostile fire" means one which becomes a. Notices that are published include material uncontrollable or breaks out from where it was placed on the Internet or on similar intended to be. electronic means of communication; and 8. "Impaired property" means tangible property, b. Regarding web sites, only that part of a other than "your product" or "your work", that web site that is about your goods, cannot be used or is less useful because: products or services for the purposes of a. It incorporates "your product" or "your attracting customers or supporters is work" that is known or thought to be considered an advertisement. defective, deficient, inadequate or danger- 2. "Auto" means: ous; or a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, in- CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 16 b. You have failed to fulfill the terms of a failing to give them, if that is the contract or agreement; primary cause of the injury or if such damage; or property can be restored to use by the repair, replacement, adjustment or removal of (3) Under which the insured, if an "your product" or "your work" or your fulfilling architect, engineer or surveyor, as the terms of the contract or agreement. sumes liability for an injury or damage arising out of the insured's rendering or 9. "Insured contract" means: failure to render professional services, a. A contract for a lease of premises. How- including those listed in (2) above and ever, that portion of the contract for a supervisory, inspection, architectural or lease of premises that indemnifies any engineering activities. person or organization for damage by fire 10. "Leased worker" means a person leased to you to premises while rented to you or temporarily occupied by you with permis- by a labor leasing firm under an agreement between you and the labor leasing firm, to sion of the owner is not an "insured perform duties related to the conduct of your contract"; business. "Leased worker" does not include a b. A sidetrack agreement; "temporary worker". c. Any easement or license agreement, except 11. "Loading or unloading" means the handling of in connection with construction or demoli- property: tion operations on or within 50 feet of a a. After it is moved from the place where it is railroad; accepted for movement into or onto an air- d. An obligation, as required by ordinance, to craft, watercraft or "auto"; indemnify a municipality, except in connec- b. While it is in or on an aircraft, watercraft or tion with work for a municipality; "auto"; or e. An elevator maintenance agreement; c. While it is being moved from an aircraft, f. That part of any other contract or watercraft or "auto" to the place where it agreement pertaining to your business (in- is finally delivered; cluding an indemnification of a municipality but "loading or unloading" does not include the in connection with work performed for a movement of municipality) under which you assume the propertyby means a mechanical device, other than a hand truck, tort liability of another party to pay for that is not attached to the aircraft, watercraft "bodily injury" or "property damage" to a or "auto". third person or organization. Tort liability means a liability that would be imposed by 12. "Mobile equipment" means any of the law in the absence of any contract or following types of land vehicles, including any agreement. attached machinery or equipment: Paragraph f. does not include that part of a. Bulldozers, farm machinery, forklifts and any contract or agreement: other vehicles designed for use principally off public roads; (1) That indemnifies a railroad for "bodily injury" or "property damage" arising b. Vehicles maintained for use solely on or out of construction or demolition opera next to premises you own or rent; tions, within 50 feet of any railroad c. Vehicles that travel on crawler treads; property and affecting any railroad d. Vehicles, whether self-propelled or not, bridge or trestle, tracks, road-beds, tun- maintained primarily to provide mobility to nel, underpass or crossing; permanently mounted: (2) That indemnifies an architect, engineer (1) Power cranes, shovels, loaders, diggers or surveyor for injury or damage arising or drills; or out of: Preparing, approving, or failing to (2) Road construction or resurfacing equip- (a) prepare or approve, maps, shop meet such as graders, scrapers or rollers; drawings, opinions, reports, sur- veys, field orders, change orders or e. Vehicles not described in Paragraph a., b., drawings and specifications; or c. or d. above that are not self-propelled and are maintained primarily to provide (b) Giving directions or instructions, or mobility to permanently attached equip- Page 14 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 ment of the following types: of material that slanders or libels a person (1) Air compressors, pumps and gener or organization or disparages a person's or ators, including spraying, welding, organization's goods, products or services; building cleaning, geophysical explora- e. Oral or written publication, in any manner, tion, lighting and well servicing equip- of material that violates a person's right of ment; or privacy; (2) Cherry pickers and similar devices used f. The use of another's advertising idea in to raise or lower workers; your "advertisement"; or f. Vehicles not described in Paragraph a., b., g. Infringing upon another's copyright, trade c. or d. above maintained primarily for dress or slogan in your "advertisement". purposes other than the transportation of 15. "Pollutants" mean any solid, liquid, gaseous or persons or cargo. thermal irritant or contaminant, including However, self-propelled vehicles with the smoke, vapor, soot, fumes, acids, alkalis, following types of permanently attached chemicals and waste. Waste includes materials equipment are not "mobile equipment" but to be recycled, reconditioned or reclaimed. will be considered "autos": 16. "Products-completed operations hazard": (1) Equipment designed primarily for: a. Includes all "bodily injury" and "property (a) Snow removal; damage" occurring away from premises (b) Road maintenance, but not con- you own or rent and arising out of "your struction or resurfacing; or product" or "your work" except: (c) Street cleaning; (1) Products that are still in your physical (2) Cherry pickers and similar devices possession; or mounted on automobile or truck Chas (2) Work that has not yet been completed sis and used to raise or lower workers; or abandoned. However, "your work" will be deemed completed at the earli- and131 Air compressors, est of the following times: p pumps and gener- ators, including spraying, welding, (a) When all of the work called for in building cleaning, geophysical explora your contract has been completed. tion, lighting and well servicing equip- (b) When all of the work to be done at ment. the job site has been completed if However, "mobile equipment" does not include your contract calls for work at more any land vehicles that are subject to a than one job site. compulsory or financial responsibility law or (c) When that part of the work done at other motor vehicle insurance law where it is a job site has been put to its licensed or principally garaged. Land vehicles intended use by any person or subject to a compulsory or financial respons- organization other than another ibility law or other motor vehicle insurance law contractor or subcontractor work- are considered "autos". ing on the same project. 13. "Occurrence" means an accident, including Work that may need service, mainten- continuous or repeated exposure to substant- ance, correction, repair or replacement, ially the same general harmful conditions. but which is otherwise complete, will 14. "Personal and advertising injury" means injury, be treated as completed. including consequential "bodily injury", arising b. Does not include "bodily injury" or "prop- out of one or more of the following offenses: erty damage" arising out of: a. False arrest, detention or imprisonment; (1) The transportation of property, unless b. Malicious prosecution; the injury or damage arises out of a condition in or on a vehicle not owned c. The wrongful eviction from, wrongful entry or operated into, or invasion of the right ofprivate p by you, and that condition g was created by the "loading or un- occupancy of a room, dwelling or premises loading" of that vehicle by any insured; that a person occupies, committed by or on behalf of its owner, landlord or lessor; (2) The existence of tools, uninstalled equipment or abandoned or unused d. Oral or written publication, in any manner, materials; or (3) Products or operations for which the CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 16 classification, listed in the Declarations the scope of duties determined by you, and is or in a policy Schedule, states that not paid a fee, salary or other compensation by products-completed operations are sub- you or anyone else for their work performed for ject to the General Aggregate Limit. you. 17. "Property damage" means: 21. "Your product": a. Physical injury to tangible property, in- a. Means: cluding all resulting loss of use of that property. All such loss of use shall be (1) Any goods or products, other than real deemed to occur at the time of the physical property, manufactured, sold, handled, injury that caused it; or distributed or disposed of by: b. Loss of use of tangible property that is not (a) You; physically injured. All such loss of use shall (b) Others trading under your name; or be deemed to occur at the time of the (c) A person or organization whose bus "occurrence" that caused it. iness or assets you have ac- quired; For the purposes of this insurance, electronic and data is not tangible property. (2) Containers (other than vehicles), mater- As used in this definition, electronic data ials, parts or equipment furnished in means information, facts or programs stored as connection with such goods or pro- or on, created or used on, or transmitted to or ducts. from computer software, including systems b. Includes: and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing (1) Warranties or representations made at devices or any other media which are used any time with respect to the fitness, with electronically controlled equipment. quality, durability, performance or use 18. "Suit" means a civil of "your product"; and proceeding in which damages because of "bodily injury", "property (2) The providing of or failure to provide damage" or "personal and advertising injury" to warnings or instructions. which this insurance applies are alleged. "Suit" c. Does not include vending machines or includes: other property rented to or located for the a. An arbitration proceeding in which such use of others but not sold. damages are claimed and to which the 22. "Your work": insured must submit or does submit with a. Means: our consent; or b. Any other alternative dispute resolution (1) Work or operations performed by you or on your behalf; and proceeding in which such damages are claimed and to which the insured submits (2) Materials, parts or equipment furnished with our consent. in connection with such work or opera- tions.19. "Temporary worker" means a p y person who is furnished to you to substitute for a permanent b. Includes: "employee" on leave or to meet seasonal or (1) Warranties or representations made at short-term workload conditions. any time with respect to the fitness, 20. "Volunteer worker" means a person who is not quality, durability, performance or use your "employee", and who donates his or her of "your work"; and work and acts at the direction of and within (2) The providing of or failure to provide warnings or instructions. Page 16 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY CG 01 81 05 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion e. of Coverage A — Bodily Injury And With respect to "employees" of the insured Property Damage Liability (Section I — Cover- whose employment is subject to the Industrial ages) applies only to "bodily injury" to any Insurance Act of Washington, the reference to "employee" of the insured whose employment "volunteer workers" is removed from is not subject to the Industrial Insurance Act of Paragraph 2.(a) of Section II — Who Is An Washington (Washington Revised Code Title Insured and Paragraph 2.a.(1) of Section II is 51). replaced with the following: With respect to "bodily injury" to "employees" 2. Each of the following is also an insured: of the insured whose employment is subject to a. Your "employees", other than either the Industrial Insurance Act of Washington, Exclusion e. is replaced with the following: your "executive officers" (if you are an organization other than a partnership, This insurance does not apply to: joint venture or limited liability 1. "Bodily injury" to an "employee" of the company) or your managers (if you are insured arising out of and in the course of: a limited liability company), but only for acts within the scope of their a. Employment by the insured; or employment by you or while performing b. Performing duties related to the duties related to the conduct of your conduct of the insured's business; or business. However, none of these 2. Any obligation to share damages with or "employees" is an insured for: repay someone else who must pay dama- (1) "Bodily injury" or "personal and ad- ges because of the injury. vertising injury": This exclusion does not apply to liability (a) To you, to your partners or assumed by the insured under an "insured members (if you are a partner- contract". ship or joint venture), to your B. Paragraphs 2.a.(1)(a), (b) and (c) of Section II members (if you are a limited li — Who Is An Insured apply only to ability company), or to a co "employees" of the insured whose employment "employee" while that co "em is not subject to the Industrial Insurance Act of ployee" is either in the course Washington (Washington Revised Code Title of his or her employment or 51). performing duties related to the conduct of your business; (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) above; or CG 01 81 05 08 © ISO Properties, Inc., 2007 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 01 97 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - 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 B. The following exclusion is added to Paragraph 2., Exclusions of Coverage A — Bodily Injury 2., Exclusions of Coverage B — Personal And And Property Damage Liability (Section I — Advertising Injury Liability (Section I — Cover- Coverages): ages): This insurance does not apply to: This insurance does not apply to: "Bodily injury" to: "Personal and advertising injury" to: 1. A person arising out of any: 1. A person arising out of any: a. Refusal to employ that person; a. Refusal to employ that person; b. Termination of that person's employ- b. Termination of that person's employ- ment; or ment; or c. Employment-related practices, policies, c. Employment-related practices, policies, acts or omissions, such as coercion, acts or omissions, such as coercion, demotion, evaluation, reassignment, demotion, evaluation, reassignment, discipline, defamation, harassment, discipline, defamation, harassment, humiliation, discrimination or malicious humiliation, discrimination or malicious prosecution directed at that person; or prosecution directed at that person; or 2. The spouse, child, parent, brother or sister 2. The spouse, child, parent, brother or sister of that person as a consequence of "bodily of that person as a consequence of injury" to that person at whom any of the "personal and advertising injury" to that employment-related practices described in person at whom any of the employment- Paragraphs a., b. and c. above is directed. related practices described in Paragraphs This exclusion applies: a., b. and c. above is directed. 1. Whether the injury-causing event described This exclusion applies: in Paragraphs a., b. or c. above occurs 1. Whether the injury-causing event described before employment, during employment or in Paragraphs a., b. or c. above occurs after employment of that person; before employment, during employment or 2. Whether the insured may be liable as an after employment of that person; employer or in any other capacity; and 2. Whether the insured may be liable as an 3. To any obligation to share damages with or employer or in any other capacity; and repay someone else who must pay 3. To any obligation to share damages with or damages because of the injury. repay someone else who must pay However, Paragraphs 1.a. and 2. of this damages because of the injury. exclusion do not apply if such "bodily injury" is However, Paragraphs 1.a. and 2. of this sustained by any "employee" of the insured exclusion do not apply if such "personal and whose employment is subject to the Industrial advertising injury" is sustained by any Insurance Act of Washington (Washington "employee" of the insured whose employment Revised Code Title 51). is subject to the Industrial Insurance Act of Washington (Washington Revised Code Title 51). CG 01 97 12 07 Copyright, ISO Properties, Inc., 2006 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 06 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I — Coverage A — As used in this exclusion, electronic Bodily Injury And Property Damage Liability is data means information, facts or pro- replaced by the following: grams stored as or on, created or used 2. Exclusions on, or transmitted to or from computer software, including systems and This insurance does not apply to: applications software, hard or floppy p. Access Or Disclosure Of Confidential disks, CD-ROMs, tapes, drives, cells, Or Personal Information And Data- data processing devices or any other related Liability media which are used with elec- Damages arising out of: tronically controlled equipment. (1) Any access to or disclosure of any B. The following is added to Paragraph 2. person's or organization's confi Exclusions of Section I — Coverage B — Per- dential or personal information, sonal And Advertising Injury Liability: including patents, trade secrets, 2. Exclusions processing methods, customer lists, This insurance does not apply to: financial information, credit card information, health information or Access Or Disclosure Of Confidential Or any other type of nonpublic infor Personal Information mation; or "Personal and advertising injury" arising (2) The loss of, loss of use of, damage out of any access to or disclosure of any to, corruption of, inability to ac person's or organization's confidential or cess, or inability to manipulate elec personal information, including patents, tropic data. trade secrets, processing methods, cus- tomer lists, financial information, credit This exclusion applies even if damages card information, health information or any are claimed for notification costs, credit other type of nonpublic information. monitoring expenses, forensic ex- penses, public relations expenses or This exclusion applies even if damages are any other loss, cost or expense in- claimed for notification costs, credit moni- curred by you or others arising out of toring expenses, forensic expenses, public that which is described in Paragraph (1) relations expenses or any other loss, cost or (2) above. or expense incurred by you or others arising out of any access to or disclosure of However, unless Paragraph (1) above any person's or organization's confidential applies, this exclusion does not apply or personal information. to damages because of "bodily injury". CG 21 06 05 14 © Insurance Services Office, Inc., 2013 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 09 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.g. Aircraft, Auto Or Watercraft This Paragraph g.(2) applies even if under Section I — Coverage A — Bodily Injury the claims against any insured And Property Damage Liability is replaced by allege negligence or other wrong- the following: doing in the supervision, hiring, em- 2. Exclusions ployment, training or monitoring of others by that insured, if the "oc- This insurance does not apply to: currence" which caused the "bodily g. Aircraft, Auto Or Watercraft injury" or "property damage" in- (1) Unmanned Aircraft volved the ownership, mainte- nance, use or entrustment to others "Bodily injury" or "property dam- of any aircraft (other than "un- age" arising out of the ownership, manned aircraft"), "auto" or water maintenance, use or entrustment to craft that is owned or operated by others of any aircraft that is an "un- or rented or loaned to any insured. manned aircraft". Use includes op This Paragraph g.(2) does not apply eration and "loading or unloading". to: This Paragraph g.(1) applies even if the claims against any insured (a) A watercraft while ashore on allege negligence or other wrong premises you own or rent; doing in the supervision, hiring, em- (b) A watercraft you do not own ployment, training or monitoring of that is: others by that insured, if the "oc- (i) Less than 26 feet long; and currence" which caused the "bodily injury" or "property damage" in- (ii) Not being used to carry per volved the ownership, mainte- nance, use or entrustment to others charge; of any aircraft that is an "un- (c) Parking an "auto" on, or on the manned aircraft". ways next to, premises you (2) Aircraft (Other Than Unmanned own or rent, provided the Aircraft), Auto Or Watercraft "auto" is not owned by or rented or loaned to you or the "Bodily injury" or "property dam- insured; age" arising out of the ownership, maintenance, use or entrustment to (d) Liability assumed under any "in others of any aircraft (other than sured contract" for the own "unmanned aircraft"), "auto" or ership, maintenance or use of watercraft owned or operated by or aircraft or watercraft; or rented or loaned to any insured. Use includes operation and "loading or unloading". CG 21 09 06 15 Insurance Services Office, Inc., 2014 Page 1 of 2 (e) "Bodily injury" or "property This exclusion applies even if the claims damage" arising out of: against any insured allege negligence or (i) The operation of machinery other wrongdoing in the supervision, hiring, or equipment that is at- employment, training or monitoring of tached to, or part of, a land others by that insured, if the offense which vehicle that would qualify caused the "personal and advertising under the definition of "mo injury" involved the ownership, mainte- bile equipment" if it were nance, use or entrustment to others of any not subject to a compulsory aircraft that is an "unmanned aircraft". or financial responsibility This exclusion does not apply to: law or other motor vehicle a. The use of another's advertising idea in insurance law where it is li- Your "advertisement"; or censed or principally ga- raged; or b. Infringing upon another's copyright, (ii) The operation of any of the trade dress or slogan in your "adver- tisement". machinery or equipment listed in Paragraph f.(2) or C. The following definition is added to the Defi- f.(3) of the definition of nitions section: "mobile equipment". "Unmanned aircraft" means an aircraft that is B. The following exclusion is added to Paragraph not: 2. Exclusions of Coverage B — Personal And 1. Designed; Advertising Injury Liability: 2. Manufactured; or 2. Exclusions 3. Modified after manufacture; This insurance does not apply to: to be controlled directly by a person from with- Unmanned Aircraft in or on the aircraft. "Personal and advertising injury" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes oper- ation and "loading or unloading". Page 2 of 2 © Insurance Services Office, Inc., 2014 CG 21 09 06 15 POLICY NUMBER: CPP 1281518 00 COMMERCIAL GENERAL LIABILITY CG 21 44 04 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES, PROJECT OR OPERATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Premises: Project Or Operation: MEETINGS AND FUNDRAISING EVENTS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. If this endorsement is attached to Commercial (3) Prior to the policy period, no in- General Liability Coverage Form CG 00 01, the sured listed under Paragraph 1. of provisions under this Paragraph A. apply: Section II - Who Is An Insured and 1. Paragraph 1.b. under Section I - Coverage no "employee" authorized by you A - Bodily Injury And Property Damage Lia to give or receive notice of an "oc- bility is replaced by the following: currence" or claim, knew that the b. This insurance applies to "bodily injury" "bodily injury" or "property dam- and "property damage" caused by an age had occurred, in whole or in "occurrence" that takes place in the part.. If such a listed insured or "coverage territory" only if: authorized "employee" knew, prior to the policy period, that the (1) The "bodily injury" or "property "bodily injury" or "property dam- damage": age" occurred, then any contin- (a) Occurs on the premises shown uation, change or resumption of in the Schedule or the grounds such "bodily injury" or "property and structures appurtenant to damage" during or after the policy those premises; or period will be deemed to have been (b) Arises out of the project or op- known prior to the policy period. eration shown in the Schedule; 2. Paragraph 1.b. under Section I - Coverage B - Personal And Advertising Injury Liabil- (2) The "bodily injury" or "property ity is replaced by the following: damage" occurs during the policy period; and b. This insurance applies to "personal and advertising injury" caused by an of- fense committed in the "coverage ter- ritory" but only if: (1) The offense arises out of your busi- ness: (a) Performed on the premises shown in the Schedule; or CG 21 44 04 17 © Insurance Services Office, Inc., 2016 Page 1 of 3 (b) In connection with the project B. If this endorsement is attached to Commercial or operation shown in the General Liability Coverage Form CG 00 02, the Schedule; and provisions under this Paragraph B. apply: (2) The offense was committed during 1. Paragraph 1.b. under Section I — Coverage the policy period. A — Bodily Injury And Property Damage Lia- However, with respect to Paragraph bility is replaced by the following: 1.b.(1)(a) of this Insuring Agreement, if b. This insurance applies to "bodily injury" the "personal and advertising injury" is and "property damage" caused by an caused by: "occurrence" that takes place in the (1) False arrest, detention or imprison "coverage territory" only if: ment; or (1) The "bodily injury" or "property (2) The wrongful eviction from, wrong- damage": ful entry into, or invasion of the (a) Occurs on the premises shown right of private occupancy of a in the Schedule or the grounds room, dwelling or premises that a and structures appurtenant to person occupies, committed by or those premises; or on behalf of its owner, landlord or (b) Arises out of the project or op- lessor; eration shown in the Schedule; then such offense must arise out of (2) The "bodily injury" or "property your business performed on the prem- damage" did not occur before the ises shown in the Schedule and the Retroactive Date, if any, shown in offense must have been committed on the Declarations or after the end of the premises shown in the Schedule or the policy period; and the grounds and structures appurtenant to those premises. (3) A claim for damages because of the "bodily injury" or "property dam- 3. Paragraph 1.a. under Section I — Coverage C — Medical Payments is replaced by the age" is first made against any insured, in accordance with Para- following: graph 1.c. of this Insuring Agree- a. We will pay medical expenses as de- ment, during the policy period or scribed below for "bodily injury" any Extended Reporting Period we caused by an accident that takes place provide under Section V — Extended in the "coverage territory" if the "bodily Reporting Periods. injury": 2. Paragraph 1.b. under Section I — Coverage (1) Occurs on the premises shown in B — Personal And Advertising Injury Liabil- the Schedule or the grounds and ity is replaced by the following: structures appurtenant to those b. This insurance applies to "personal and premises; or advertising injury" caused by an of- (2) Arises out of the project or oper- fense committed in the "coverage terri- ation shown in the Schedule; tory" but only if: provided that: (1) The offense arises out of your busi- (a) The accident takes place during ness: the policy period; (a) Performed on the premises (b) The expenses are incurred and shown in the Schedule; or reported to us within one year (b) In connection with the project of the date of the accident; and or operation shown in the (c) The injured person submits to Schedule; examination, at our expense, by (2) The offense was not committed physicians of our choice as of- before the Retroactive Date, if any, ten as we reasonably require. shown in the Declarations or after the end of the policy period; and Page 2 of 3 © Insurance Services Office, Inc., 2016 CG 21 44 04 17 (3) A claim for damages because of the 3. Paragraph 1.a. under Section I — Coverage "personal and advertising injury" is C — Medical Payments is replaced by the first made against any insured, in following: accordance with Paragraph 1.c. of Insuring Agreement, during the a. We will pay medical expenses as de- thisscribed below for "bodily injury" policy period or any Extended Re- caused by an accident that takes place porting Period we provide under in the "coverage territory" if the "bodily Section V — Extended Reporting injury": Periods. However, (1) Occurs on the premises shown in with respect to Paragraph the Schedule or the grounds and 1.b.111(a) of this Insuring Agreement, if structures appurtenant to those the "personal and advertising injury" is premises; or caused by: (2) Arises out of the project or oper- (1) False arrest, detention or imprison- ation shown in the Schedule; ment; or (2) The wrongful eviction from, wrong provided that: ful entry into, or invasion of the (a) The accident takes place during right of private occupancy of a the policy period; room, dwelling or premises that a (b) The expenses are incurred and person occupies, committed by or reported to us within one year on behalf of its owner, landlord or of the date of the accident; and lessor; (c) The injured person submits to then such offense must arise out of examination, at our expense, by your business performed on the prem- physicians of our choice as of- ises shown in the Schedule and the ten as we reasonably require. offense must have been committed on the premises shown in the Schedule or the grounds and structures appurtenant to those premises. CG 21 44 04 17 © Insurance Services Office, Inc., 2016 Page 3 of 3 COMMERCIAL GENERAL LIABILITY CG21710115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES; CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR 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 A. The following exclusion is added: c. Protracted loss of or impairment of the This insurance does not apply to: function of a bodily member or organ; or TERRORISM 3. The terrorism involves the use, release or escape of nuclear materials, or directly or "Any injury or damage" arising, directly or indirectly results in nuclear reaction or radiation indirectly, out of an "other act of terrorism" that is or radioactive contamination; or committed outside of the United States (including its territories and possessions and Puerto Rico), 4. The terrorism is carried out by means of the but within the "coverage territory". However, this dispersal or application of pathogenic or exclusion applies only when one or more of the poisonous biological or chemical materials; or following are attributed to such act: 5. Pathogenic or poisonous biological or chemical 1. The total of insured damage to all types of materials are released, and it appears that one property exceeds $25,000,000 (valued in U.S. purpose of the terrorism was to release such dollars). In determining whether the materials. $25,000,000 threshold is exceeded, we will With respect to this exclusion, Paragraphs 1. and include all insured damage sustained by 2. describe the thresholds used to measure the property of all persons and entities affected by magnitude of an incident of an "other act of the terrorism and business interruption losses terrorism" and the circumstances in which the sustained by owners or occupants of the threshold will apply for the purpose of determining damaged property. For the purpose of this whether this exclusion will apply to that incident. provision, insured damage means damage that B. The following definitions are added: is covered by any insurance plus damage that would be covered by any insurance but for the 1. For the purposes of this endorsement, "any application of any terrorism exclusions; or injury or damage" means any injury or damage 2. Fifty or more persons sustain death or serious covered under any Coverage Part to which this rr u Fors thepurposesendorsement is applicable, and includes but is physical j ry. of this not limited to "bodily injury", "property provision, serious physical injury means: damage", "personal and advertising injury", a. Physical injury that involves a substantial "injury" or "environmental damage" as may be risk of death; or defined in any applicable Coverage Part. b. Protracted and obvious physical disfigurement; or CG 21 71 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 2 2. "Certified act of terrorism" means an act that is 3. "Other act of terrorism" means a violent act or certified by the Secretary of the Treasury, in an act that is dangerous to human life, property accordance with the provisions of the federal or infrastructure that is committed by an Terrorism Risk Insurance Act, to be an act of individual or individuals and that appears to be terrorism pursuant to such Act. The criteria part of an effort to coerce a civilian population contained in the Terrorism Risk Insurance Act or to influence the policy or affect the conduct for a "certified act of terrorism" include the of any government by coercion, and the act is following: not a "certified act of terrorism". a. The act resulted in insured losses in excess Multiple incidents of an "other act of terrorism" of$5 million in the aggregate, attributable to which occur within a seventy-two hour period all types of insurance subject to the and appear to be carried out in concert or to Terrorism Risk Insurance Act; have a related purpose or common leadership b. The act resulted in damage: shall be considered to be one incident. (1) Within the United States (including its C. The terms and limitations of any terrorism territories and possessions and Puerto exclusion, or the inapplicability or omission of a Rico); or terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise (2) Outside of the United States in the case excluded under this Coverage Part. of: D. If aggregate insured losses attributable to terrorist (a) An air carrier (as defined in Section acts certified under the federal Terrorism Risk 40102 of title 49, United States Insurance Act exceed $100 billion in a calendar Code) or United States flag vessel year and we have met our insurer deductible (or a vessel based principally in the under the Terrorism Risk Insurance Act, we shall United States, on which United not be liable for the payment of any portion of the States income tax is paid and whose amount of such losses that exceeds $100 billion, insurance coverage is subject to and in such case insured losses up to that amount regulation in the United States), are subject to pro rata allocation in accordance regardless of where the loss occurs; with procedures established by the Secretary of or the Treasury. (b) The premises of any United States mission; and c. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is 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. CG 21 71 01 15 © Insurance Services Office, Inc., 2015 Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG 21 76 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR 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 A. The following exclusion is added: 2. The act is a violent act or an act that is This insurance does not apply to: dangerous to human life, property or infrastructure and is committed by an individual TERRORISM PUNITIVE DAMAGES or individuals as part of an effort to coerce the Damages arising, directly or indirectly, out of a civilian population of the United States or to "certified act of terrorism" that are awarded as influence the policy or affect the conduct of the punitive damages. United States Government by coercion. B. The following definition is added: C. The terms and limitations of any terrorism "Certified act of terrorism" means an act that is exclusion, or the inapplicability or omission of a certified by the Secretary of the Treasury, in terrorism exclusion, do not serve to create accordance with the provisions of the federal coverage for injury or damage that is otherwise Terrorism Risk Insurance Act, to be an act of excluded under this Coverage Part. terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and CG 21 76 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 24 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of "insured contract" in the Paragraph f. does not include that part of Definitions section is replaced by the following: any contract or agreement: "Insured contract" means: (1) That indemnifies a railroad for "bodily a. A contract for a lease of premises. How- injury" or "property damage" arising ever, that portion of the contract for a out of construction or demolition opera lease of premises that indemnifies any tions, within 50 feet of any railroad person or organization for damage by fire property and affecting any railroad to premises while rented to you or bridge or trestle, tracks, road-beds, tun- temporarily occupied by you with per- mission of the owner is not an "insured (2) That indemnifies an architect, engineer contract"; or surveyor for injury or damage arising b. A sidetrack agreement; out of: c. Any easement or license agreement, except (a) Preparing, approving, or failing to in connection with construction or dem prepare or approve, maps, shop olition operations on or within 50 feet of a drawings, opinions, reports, sur railroad; veys, field orders, change orders or drawings and specifications; or d. An obligation, as required by ordinance, to indemnify a municipality, except in connec- tion with work for a municipality; failing to give them, if that is the primary cause of the injury or dam- e. An elevator maintenance agreement; age; or f. That part of any other contract or agree- (3) Under which the insured, if an archi- ment pertaining to your business (including tect, engineer or surveyor, assumes an indemnification of a municipality in con- liability for an injury or damage arising nection with work performed for a munici- out of the insured's rendering or failure pality) under which you assume the tort ha- to render professional services, in- bility of another party to pay for "bodily cluding those listed in (2) above and injury" or "property damage" to a third per- supervisory, inspection, architectural or son or organization, provided the "bodily in engineering activities. jury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be con- sidered an "insured contract" to the extent your assumption of the tort liability is per- mitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. CG 24 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 32 20 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CONDITIONAL EXCLUSION OF TERRORISM (RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR 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 A. Applicability Of The Provisions Of This (3) Redefine terrorism or make insur- Endorsement ance coverage for terrorism subject 1. The provisions of this endorsement become to provisions or requirements that applicable commencing on the date when differ from those that apply to other any one or more of the following first types of events or occurrences occurs. But if your policy (meaning the pol under this policy. icy period in which this endorsement ap- 2. If the provisions of this endorsement be- plies) begins after such date, then the pro- come applicable, such provisions: visions of this endorsement become a. Supersede any terrorism endorsement applicable on the date your policy begins. already endorsed to this policy that ad- a. The federal Terrorism Risk Insurance dresses "certified acts of terrorism" Program ("Program"), established by and/or "other acts of terrorism", but the Terrorism Risk Insurance Act, has only with respect to an incident(s) of terminated with respect to the type of terrorism (however defined) which insurance provided under this Coverage results in injury or damage that occurs Part or Policy; or on or after the date when the pro- b. A renewal, extension or replacement of visions of this endorsement become the Program has become effective applicable (for claims made policies, without a requirement to make terror- such an endorsement is superseded ism coverage available to you and with only with respect to an incident of ter revisions that: rorism (however defined) that results in a claim for injury or damage first being (1) Increase our statutory percentage made on or after the date when the deductible under the Program for provisions of this endorsement become terrorism losses. (That deductible applicable); and determines the amount of all certi- fied terrorism losses we must pay b. Remain applicable unless we notify you in a calendar year, before the feder of changes in these provisions, in re- al government shares in subsequent sponse to federal law. payment of certified terrorism 3. If the provisions of this endorsement do losses.); or NOT become applicable, any terrorism en- (2) Decrease the federal government's dorsement already endorsed to this policy, statutory percentage share in po that addresses "certified acts of terrorism" tential terrorism losses above such and/or "other acts of terrorism", will con deductible; or tinue in effect unless we notify you of changes to that endorsement in response to federal law. CG 32 20 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 2 B. The following definitions are added and apply 2. Radioactive material is released, and it ap- under this endorsement wherever the term pears that one purpose of the "terrorism" terrorism, or the phrase any injury or damage, was to release such material; or are enclosed in quotation marks: 3. The "terrorism" is carried out by means of 1. "Terrorism" means activities against per- the dispersal or application of pathogenic or sons, organizations or property of any na- poisonous biological or chemical materials; ture: or a. That involve the following or prepara- 4. Pathogenic or poisonous biological or tion for the following: chemical materials are released, and it (1) Use or threat of force or violence; appears that one purpose of the "terrorism" or was to release such materials; or (2) Commission or threat of a dan 5. The total of insured damage to all types of gerous act; or property exceeds $25,000,000. In deter- mining whether the $25,000,000 threshold (3) Commission or threat of an act that is exceeded, we will include all insured interferes with or disrupts an elec- damage sustained by property of all per- tronic, communication, information, sons and entities affected by the "terror- or mechanical system; and ism" and business interruption losses sus- b. When one or both of the following ap- tained by owners or occupants of the plies: damaged property. For the purpose of this (1) The effect is to intimidate or coerce provision, insured damage means damage a government or the civilian popula that is covered by any insurance plus tion or any segment thereof, or to damage that would be covered by any in- disrupt any segment of the econo surance but for the application of any my; or terrorism exclusions; or (2) It appears that the intent is to in- 6. Fifty or more persons sustain death or timidate or coerce a government, or serious physical injury. For the purposes of to further political, ideological, reli this provision, serious physical injury gious, social or economic objectives means: or to express (or express opposition a. Physical injury that involves a substan- to) a philosophy or ideology. tial risk of death; or 2. "Any injury or damage" means any injury b. Protracted and obvious physical disfig- or damage covered under any Coverage urement; or Part or Policy to which this endorsement is c. Protracted loss of or impairment of the applicable, and includes but is not limited function of a bodily member or organ. to "bodily injury", "property damage", Multiple incidents of "terrorism" which occur "personal and advertising injury", "injury" or "environmental damage" as may be de- within a 72-hour period and appear to be fined in any applicable Coverage Part or carried out in concert or to have a related pur Policy. pose or common leadership will be deemed to be one incident, for the purpose of determining C. The following exclusion is added: whether the thresholds in Paragraphs C.S. or EXCLUSION OF TERRORISM C.6. are exceeded. We will not pay for "any injury or damage" With respect to this Exclusion, Paragraphs C.S. caused directly or indirectly by "terrorism", and C.6. describe the threshold used to mea- including action in hindering or defending sure the magnitude of an incident of "terror- against an actual or expected incident of ism" and the circumstances in which the "terrorism". But this exclusion applies only threshold will apply, for the purpose of when one or more of the following are attri- determining whether this Exclusion will apply buted to an incident of "terrorism": to that incident. When the Exclusion applies to 1. The "terrorism" is carried out by means of an incident of "terrorism", there is no coverage the dispersal or application of radioactive under this Coverage Part or Policy. material, or through the use of a nuclear The terms and limitations of any terrorism ex- weapon or device that involves or produces clusion, or the inapplicability or omission of a a nuclear reaction, nuclear radiation or terrorism exclusion, do not serve to create radioactive contamination; or coverage for injury or damage that is otherwise excluded under this Coverage Part. Page 2 of 2 © Insurance Services Office, Inc., 2015 CG 32 20 01 15 COMMERCIAL GENERAL LIABILITY WNGL020710 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PUNITIVE DAMAGES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: Punitive Damages This insurance does not apply to punitive or exemplary damages. However, in the event an insured is alleged to be legally liable for both compensatory damages and punitive damages, if we provide a defense to the claim for compensatory damages, we will also provide a defense to the claim for punitive damages. WN GL 02 07 10 Page 1 of 1 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY WNGL100104 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - LEAD LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to "bodily arising out of the actual, alleged, or injury", "property damage", or "personal and threatened absorption, ingestion, or advertising injury" arising out of: inhalation by any person of lead, lead based paint, or any other material or 1. The actual, alleged, or threatened substance containing lead; or absorption, ingestion, or inhalation by any person of lead, lead based paint, or any 3. Any loss, cost or expense arising out of other material or substance containing any governmental direction or request that lead; you test for, monitor, cleanup, remove, abate, contain, treat or neutralize lead, 2. Any legal obligation of yours for indemni- paint containing lead, or any other fication or contribution due to damages substance or material containing lead. WN GL 10 01 04 Page 1 of 1 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY WN GL 15 12 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ASBESTOS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Para- B. The following exclusion is added to Para- graph 2., Exclusions of Section I — Cover- graph 2., Exclusions of Section I — Cover- age A — Bodily Injury And Property Dam- age B — Personal And Advertising Injury age Liability: Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: Asbestos Asbestos a. "Bodily injury" arising, in whole or in part, out of the actual, alleged, a. "Personal and advertising injury" threatened or suspected inhalation arising, in whole or in part, out of the of, or ingestion of, exposure to, "as_ actual, alleged, threatened or sus bestos" or "asbestos containing petted inhalation of, ingestion of, products"; contact with, exposure to, existence of, or presence of, "asbestos" or b. "Property damage" arising, in whole "asbestos containing products"; or in part, out of the actual, alleged, b. Any loss, cost or expense arising, in threatened or suspected contact whole or in part, out of the abating, with, exposure to, existence of, or presence of, "asbestos" in any form testing for, monitoring, cleaning up, or "asbestos containing products", removing, containing, treating, de including the costs of remedial in- toxifying, neutralizing, remediating vestigations or feasibility studies, or or disposing of, or in any way re to the costs of testing, monitoring, sponding to or assessing the effects cleaning or removal of any property of, "asbestos" or "asbestos contain- or substance; or ing products", by any insured or by any other person or entity. c. Any loss, cost or expense arising, in C. The following definitions are added to the whole or part, out of the abating, testing for, monitoring, cleaning up, Definitions Section: removing, containing, treating, de- 1. "Asbestos" means asbestos or asbestos toxifying, neutralizing, remediating fibers, in any form, including but not lim- or disposing of, or in any way re- ited to, chrysotile, amosite, crocidolite, sponding to or assessing the effects tremolite, anthophyllite, and actinolite, of, "asbestos" or any "asbestos con- asbestos particles, asbestos dust or as- taining products", by any insured or bestos compounds. by any other person or entity. 2. "Asbestos containing products" means any product in which "asbestos" is incor- porated or forms a part. WN GL 15 12 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY WNGL210714 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABUSE OR MOLESTATION EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., c. Supervision; Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and d. Reporting to the proper authorities, or Paragraph 2., Exclusions of Section I — Coverage failure to so report; or B—Personal And Advertising Injury Liability: e. Retention; This insurance does not apply to "bodily injury", of a person for whom any insured is or ever "property damage" or "personal and advertising was legally responsible and whose conduct injury"arising out of: would be excluded by Paragraph 1. above. 1. The actual or threatened abuse or molestation by anyone of any person, or 2. The negligent: a. Employment; b. Investigation; WN GL 21 07 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY WNGL360715 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL LIQUOR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion c. Liquor Liability, of SECTION I — This exclusion applies even if the claims COVERAGES, COVERAGE A. BODILY against any insured allege negligence or INJURY AND PROPERTY DAMAGE other wrongdoing in: LIABILITY is replaced by the following: (a) The supervision, hiring, 2. Exclusions employment, training or monitoring of others by that This insurance does not apply to: insured; or c. Liquor liability (b) Providing or failing to provide "Bodily injury" or "property damage" for transportation with respect to which any insured may be held liable by any person that may be under reason of: the influence of alcohol; (1) Causing or contributing to the if the "occurrence" which caused the intoxication of any person; "bodily injury" or "property damage", (2) The furnishing of alcoholic involved that which is described in beverages to a person under the Paragraph (1), (2) or (3) above. 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. WN GL 36 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 WNGL7411 11 THIS IS A CLAIMS-MADE AND REPORTED COVERAGE ENDORSEMENT. EMPLOYMENT PRACTICES LIABILITY INSURANCE COVERAGE ENDORSEMENT Throughout this Coverage Endorsement (hereinafter referred to as "EPL Coverage Endorsement"), the words "you" and "your" refer to the "named insured(s)" shown in the Supplemental Declarations of this EPL Coverage Endorsement and any other person(s) or organization(s) qualifying as a "named insured" under this EPL Coverage Endorsement. 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 III. WHO IS AN INSURED. Other words and phrases that appear in "quotations" have special meaning. Refer to SECTION VII. DEFINITIONS. The terms and conditions of the Cancellation Clause of the Common Policy Conditions and any amendment to such terms incorporated by endorsement are hereby incorporated herein and shall apply to coverage as is afforded by this EPL Coverage Endorsement, unless specifically stated otherwise in an endorsement(s) attached hereto. SECTION I. WHAT IS COVERED B. Defense A. Insuring Agreement 1. "We" have the right and duty to defend and appoint an attorney to defend any "claim" or 1. "We" shall pay those "losses" arising out of an "suit" brought against any "insured" for a "insured's" "wrongful employment act" (other "wrongful employment act" to which this than a "third party violation") against "your" insurance applies, even if the "claim" or "suit" is "employees", "recognized volunteers' and groundless or fraudulent. applicants for employment to which this insurance applies. At the time a "claim" or "suit" is first reported to "us", "you" may request that "we" appoint a 2. If coverage for "third party violations" is shown defense attorney of "your" choice. "We" will on the Supplemental Declarations, then "we" give full consideration to any such request. shall pay those "losses" arising out of an "insured's" "third party violation". 2. "We" have the right to investigate and settle any "claim" or "suit" that "we" believe is proper. 3. For coverage to apply under this EPL Coverage "You" shall be entitled to consent to such Endorsement, the "wrongful employment act" settlement, provided Your" consent not must commence or take place after the unreasonably withheld and is provided as soon Retroactive Date, but before the end of the "EPL as practicable. coverage period". If no Retroactive Date appears on the Supplemental Declarations then the If "you" refuse to consent to any settlement that Retroactive Date shall be the date of "we" recommend and that is acceptable to the organization of the "named insured." A "claim" claimant, then "our" liability under this EPL or "suit" for a "wrongful employment act" must Coverage Endorsement for such "claim" or be first made against "you" during the "EPL "suit" shall not exceed the amount for which we coverage period" or Extended Reporting Periods could have settled had "your" consent not been (if applicable) and reported to "us" pursuant to withheld at the time of "our" recommendation. the terms of this EPL Coverage Endorsement. "You" shall thereafter negotiate and defend that "claim" or "suit" at "your" own cost and without "our" involvement. 4. A "claim" or "suit" by a person or organization seeking damages will be deemed to have been 3. "We" shall pay all reasonable costs "we" ask the made at the earlier of the following times: "insured" to incur while helping "us" investigate a. When written notice of such "claim" or or defend a "claim" or "suit". "We", however, "suit" is received and recorded by any will not pay more than $250 per day for earnings lost by the "insured" because of time "insured" orb by "us", whichever comes first; taken off from work. or b. When "we" make any settlement in 4. "We" shall pay premiums for appeal bonds, or bonds to release property being used to secure a accordance with the terms of this EPL legal obligation, for a covered "suit". "We" shall Coverage Endorsement. only pay, however, for bonds valued up to "our" EPL Aggregate Limit of Liability. "We" shall have no obligation to appeal or to obtain these bonds. WN GL 74 11 11 Page 1 of 9 5. Payments for "defense costs" are included B. "Property Damage" within the EPL Aggregate Limit of Liability. They Any liability arising out of "property damage"; are not in addition to the EPL Aggregate Limit of Liability. "Our" duty to defend or to make C. "Bodily Injury" payment of any "claim" or "suit" pursuant to Any liability arising out of "bodily injury"; Paragraphs 1. through 4. of this Clause B., ends after the EPL Aggregate Limit of Liability has D. Worker's Compensation, Social Security been exhausted by payment of "loss", including and Unemployment, Disability and "defense costs". Retirement Benefits 6. "We" shall pay all interest on that amount of any Any liability arising out of any obligation pursuant to judgment within the EPL Aggregate Limit of any worker's compensation, disability benefits, Liability: unemployment compensation, unemployment a. Which accrues after entry of judgment; and insurance, retirement benefits, social security benefits or similar law. This exclusion, however, b. Before "we" pay, offer to pay, or deposit in shall not apply to "loss" arising from a "claim" or court that part of the judgment within the "suit" for "retaliation"; EPL Aggregate Limit of Liability. E. Contractual Liability These interest payments shall be in addition to and not part of the EPL Aggregate Limit of Any liability arising out of any actual or alleged Liability. contractual liability of any "insured" under any express contract or agreement. This exclusion, C. Transfer of Control however, shall not apply to any liability the "insured" 1. "You" may take over control of any outstanding would have in the absence of such express contract "claim" or "suit" previously reported to "us", but or agreement; only if "we", in "our" sole discretion, decide that F. ERISA, FLSA, NLRA, WARN, COBRA, and OSHA you should, or if a court orders "you" to do so. Any liability for violation(s) of any of the 2. Notwithstanding Paragraph 1. of this Clause C., responsibilities, obligations or duties imposed by the in all events, if the EPL Aggregate Limit of Employee Retirement Income Security Act of 1974 Liability is exhausted, "we" will notify "you" of (ERISA), the Fair Labor Standards Act (FLSA) all outstanding "claims" or "suits" and "you" will (except the Equal Pay Act), the National Labor take over control of the defense. "We" will help Relations Act (NLRA), the Worker Adjustment and transfer control of the "claims" and "suits" to Retraining Notification Act (WARN), the "you". Consolidated Omnibus Budget Reconciliation Act 3. "We" shall take whatever steps are necessary to (COBRA), the Occupational Safety and Health Act continue the defense of any outstanding "claim" (OSHA), any rules or regulations of the foregoing or "suit" and avoid a default judgment during the promulgated thereunder, and amendments thereto or transfer of control to "you". If "we" do so, "we any similar federal, state, local or foreign statutory shall not waive or give up any of "our" rights. law or common law. "You" shall pay all reasonable expenses "we" It is acknowledged that "claims" and "suits" for incur for taking such steps after the EPL violation(s) of any of the responsibilities, obligations Aggregate Limit of Liability is exhausted. or duties imposed by "similar federal, state, local or SECTION II. EXCLUSIONS—WHAT IS NOT COVERED foreign statutory law or common law," as such quoted language is used in the This insurance does not apply to: immediately-preceding paragraph, include, without limitation, any and all "claims" and "suits" which in A. Criminal Acts whole or in part allege, arise out of, are based upon, Any liability arising out of any dishonest, fraudulent, are attributable to, or are in any way related to any criminal, or malicious act by or at the direction of of the circumstances described in any of the any "insured". However, to the extent that a "claim" following: or "suit" is otherwise covered under this EPL 1. The refusal, failure or inability of any Coverage Endorsement "we" will defend a "claim" or "insured(s)" to pay wages or overtime pay (or "suit" asserting a dishonest, fraudulent, criminal or amounts representing such wages or overtime malicious act until such time as the "insured" is pay) for services rendered or time spent in determined to have committed such dishonest, connection with work related activities (as fraudulent, criminal or malicious act; opposed to tort-based back pay or front pay The "wrongful employment act(s)" of an "insured" damages for torts other than conversion); shall not be imputed to any other "insured" for the purpose of determining the applicability of this 2. Improper deductions from pay taken by any "insured(s)" from any "employee(s)" or Exclusion A.; purported employee(s); or WN GL 74 11 11 Page 2 of 9 3. Failure to provide or enforce legally required meal C. Partnership or Joint Venture or rest break periods; If "you" are shown in the Supplemental Declarations Notwithstanding the foregoing, this Exclusion F. of this EPL Coverage Endorsement as a partnership shall not apply to the extent that a "claim" or "suit" or joint venture, "you" are an "insured". "Your" is for "retaliation"; members, partners or co-venturers and their spouses or "Domestic Partners" are also "insureds", but only G. Prior Knowledge for the conduct of "your" business. Any liability arising out of incidents, circumstances D. Limited Liability Company or "wrongful employment acts", which an "insured": If "you" are shown in the Supplemental Declarations 1. Had knowledge of; or of this EPL Coverage Endorsement as a limited 2. Could have reasonably foreseen might result in a liability company, "you" are an "insured." "Your" "claim" or "suit" members are also "insureds", but only with respect to the conduct of "your" business. "Your" managers and which were known to the "insured" prior to the are "insureds", but only with respect to their duties effective date of this EPL Coverage Endorsement or as "your" managers. the first EPL Coverage Endorsement issued by "us" of which this EPL Coverage Endorsement is an E. Trusts uninterrupted renewal; If "you" are shown in the Supplemental Declarations H. Prior Notice of this EPL Coverage Endorsement as a trust, "you" Any liability arising out of the facts alleged, or to the are an "insured". "Your" trustees are also same or "related wrongful employment acts" alleged "insureds", but only with respect to their duties as or contained in any "claim" or "suit" which has been trustees. reported, or in any circumstances of which notice F. "Employees" has been given, under any policy of which this EPL Coverage Endorsement is a renewal or replacement "Your" "employees", executive officers and directors or which it may succeed in time; are "insureds", only for the conduct of "your" I. Prior Litigation business within the scope of their employment or their duties as executive officers or directors. Any liability arising out of any prior: G. Extensions 1. Litigation; or 1. Subject otherwise to the terms hereof, this EPL 2. Administrative or regulatory proceeding or Coverage Endorsement shall cover "loss" arising investigation from any "claims" or "suits" made against the estates, heirs, or legal representative of of which an "insured" had notice, or alleging the deceased individual "insureds", and the legal same or "related wrongful employment acts" alleged representatives of individual "insureds", in the or contained in such pending or prior litigation or event of incompetency, who were individual administrative or regulatory proceeding or "insureds" at the time the "wrongful investigation which the "insured" had knowledge of employment acts", upon which such "claims" or prior to the effective date of this EPL Coverage "suits" are based, were committed. Endorsement or the first EPL Coverage Endorsement issued by "us" of which this EPL Coverage 2. Subject otherwise to the terms hereof, this EPL Endorsement is an uninterrupted renewal. Coverage Endorsement shall cover "loss" arising from all "claims" and "suits" made against the lawful spouse (whether such status is derived by SECTION III. WHO IS AN INSURED reason of statutory law, common law or otherwise of any applicable jurisdiction in the A. Individual world) or "Domestic Partner" of an individual If "you" are shown in the Supplemental Declarations "insured", including a "claim" or "suit" that of this EPL Coverage Endorsement as an individual, seeks damages recoverable from marital commun , by the "you" and "your" spouse or "Domestic Partner" are individuality d v duallt"inpsu edtya d therty spoujlsel y or1eld"Domestic "insureds", only for the conduct of a business of Partner", or property transferred from the which "you" are the sole owner. individual "insured" to the spouse or "Domestic B. Corporation Partner"; provided, however, that this extension shall not afford coverage for a "claim" or "suit" If "you" are shown in the Supplemental Declarations arising out of any "wrongful employment act" of of this EPL Coverage Endorsement as a corporation the spouse or "Domestic Partner", but shall or organization other than a partnership, joint apply only to "claims" or "suits" arising out of venture, or limited liability company, "you" and any "wrongful employment acts" of an individual "your" "subsidiaries" are "insureds". "insured", subject to this EPL Coverage Endorsement's terms, conditions and exclusions. WN GL 74 11 11 Page 3 of 9 SECTION IV. LIMIT OF LIABILITY SECTION V. DEDUCTIBLE (including "defense costs") "You" shall be responsible for the deductible amount A. The EPL Aggregate Limit of Liability shown in the shown in the Supplemental Declarations of this EPL Supplemental Declarations of this EPL Coverage Coverage Endorsement with respect to each "claim" and Endorsement and the information contained in this "suit" and "you" may not insure against it. A single section limits the most "we" shall pay for all "loss" deductible amount shall apply to "loss" arising from all (other than post-judgment interest described in "claims" and "suits" alleging the same "wrongful Section I., Clause B., Paragraph 6.) arising out of employment act" or "related wrongful employment "claims" and "suits" first made against "insureds" acts". Expenses "we" incur in investigating, defending during the "EPL coverage period" or Extended and settling "claims" and "suits" are included in the Reporting Periods (if applicable), regardless of: deductible. The deductible is not included within the EPL 1. The number of persons or organizations covered Aggregate Limit of Liability. by this EPL Coverage Endorsement; or At our option, "we" may pay any part or all of the EPL 2. The number of "claims" made or "suits" Deductible Amount to effect settlement of any "claim" brought; or or "suit" and upon notification of the action taken, 3. The length of the "EPL coverage period". "you" shall promptly reimburse "us" for such part of the deductible that has been paid by "us". B. The EPL Aggregate Limit of Liability is the most "we" shall pay for all "losses" (other than post-judgment interest described in Section I., SECTION VI. CONDITIONS Clause B., Paragraph 6.), including amounts incurred for "defense costs". "We" have no duty to provide coverage under this EPL C. The EPL Aggregate Limit of Liability for the Extended Coverage Endorsement, unless there has been full Reporting Periods (if applicable) shall be part of, and compliance with all the Conditions contained in this EPL not in addition to the EPL Aggregate Limit of Liability Coverage Endorsement. for the "EPL coverage period". A. Assignment D. All "claims" and "suits" arising from the same or "related wrongful employment acts" shall be treated The interest of any "insured" is not assignable. as arising out of a single "wrongful employment "You" cannot assign or transfer "your" interest in act". this EPL Coverage Endorsement without "our" written consent attached to the EPL Coverage E. All "claims" or "suits" arising out of one "wrongful Endorsement. employment act" shall be deemed to be made on the date that the first such "claim" is made or "suit" is B. Bankruptcy or Insolvency brought. All "claims" asserted in a "class action "Your" bankruptcy, insolvency or inability to pay, suit" will be treated as arising out of a single will not relieve "us" from the payment of any "wrongful employment act". "claim" or "suit" covered by this EPL Coverage F. Any "claim" or "suit" which is made subsequent to Endorsement. the "EPL coverage period" or Extended Reporting Under no circumstances will "your" bankruptcy, Periods (if applicable) which, pursuant to Section insolvency, or inability to pay require "us" to drop VI., Clause D., Paragraphs 3. and 4. is considered down, in any way replace, or assume any of "your" made during the "EPL coverage period" or Extended obligations with respect to the Deductible provisions Reporting Periods (if applicable) shall also be subject of this EPL Coverage Endorsement. to the one EPL Aggregate Limit of Liability stated in the Supplemental Declarations of this EPL Coverage C. Coverage Territory Endorsement. "We" cover "wrongful employment acts" anywhere in the world, but only if the "claim" is made and the "suit" is brought for such "wrongful employment act" in the United States of America, its territories and possessions, Puerto Rico, or Canada. WN GL 74 11 11 Page 4 of 9 D. Duties in the Event of an Incident, "Claim" or "Suit" 5. "You" and any other "insured" must: 1. If, during the "EPL coverage period", incidents or a. Immediately send "us" copies of any events occur which "you" reasonably believe demands, notices, summonses or legal may give rise to a "claim" or "suit" for which papers received in connection with any coverage may be provided hereunder, such belief "claim" or "suit"; being based upon either written notice from the potential claimant or the potential claimant's b. Authorize "us" to obtain records and other representative; or notice of a complaint filed with information; EEOC, DOL or OFCCP (or similar federal, state or c. Cooperate with "us" in the investigation, local agency); or upon an oral "claim", allegation settlement or defense of the "claim" or or threat, "you" shall give written notice to "us" "suit"; as soon as practicable and either: d. Assist "us", upon "our" request, in the a. Anytime during the "EPL coverage period"; enforcement of any right against any person or or organization which may be liable to the "insured" because of injury or damage to b. Anytime during the Extended Reporting which this insurance may also apply; Periods (if applicable). 2. If a "claim" is made or a "suit" is brought e. Take no action, or fail to take any required against any "insured", "you" must: action, that prejudices the rights of the "insureds" or "us" with respect to such a. Immediately record the specifics of the "claim" or "suit". "claim" or "suit" and the date received; and 6. No "insureds" will, except at their own cost, b. Provide "us" with written notice, as voluntarily make a payment, assume any described in Paragraph 3. of this Clause D., obligation, or incur any expense without "our" as soon as practicable. prior written consent. 3. Such written notice of "claim" or "suit" shall E. Transfer of Rights of Recovery Against Others to contain: "Us" a. The identity of the person(s) alleging a "You" may be able to recover all or part of a "loss" "wrongful employment act"; from someone other than "us". "You", therefore, b. The identity of the "insured(s)" who allegedly shall do all that is possible after a "loss" to preserve were involved in the incidents or events; any such right of recovery. If "we" make a payment under this EPL Coverage Endorsement, that right of c. The date the alleged incidents or events took recovery shall belong to "us". "You" shall do place; and whatever is necessary, including signing documents, d. The written notice or a memorandum of the to help "us" obtain that recovery. oral "claim", allegation or threat referred to F. Extended Reporting Periods above. 1. You shall have the right to the Extended If written notice is given to "us" during the "EPL Reporting Periods described in Paragraph 2. of coverage period" or Extended Reporting Periods this Clause F., in the event that: (if applicable), pursuant to the above requirements, then any "claim" or "suit" which is a. Your or "we" shall cancel this EPL subsequently made against any "insureds" and Coverage Endorsement; reported to "us" alleging, arising out of, based b. "You" or "we" shall refuse to renew this EPL upon or attributable to such circumstances or Coverage Endorsement; or alleging any "related wrongful employment act" c. "We" renew this EPL Coverage Endorsement to such circumstances, shall be considered made at the time such notice of such circumstances on an other than a claims made basis or with was first given. a Retroactive Date later than the Retroactive Date shown on the Supplemental 4. If "you" submit written notice of a "claim" or Declarations of this EPL Coverage "suit", pursuant to this Clause D., then any Endorsement; "claim" or "suit" that may subsequently be made against an "insured" and reported to "us" 2. If an event as specified in Paragraph 1 . of this alleging the same or a "related wrongful Clause F. has occurred, "you" shall have the employment act" to the "claim" or "suit" for right to the following: which such notice has been given shall be deemed, for the purpose of this insurance, to have been first made during the "EPL coverage period" or Extended Reporting Period (if applicable) in effect at the time such written notice was first submitted to "us". WN GL 74 11 11 Page 5 of 9 a. An Automatic Extended Reporting Period of "You" shall give "us" written notice of the thirty (30) days after the effective date of "Transaction" as soon as practicable, but not later cancellation or nonrenewal at no additional than thirty (30) days after the effective date of the premium in which to give to "us" written "Transaction". notice of "claims" first made or "suits" first brought against the "insureds" during said H. Legal Action Against "Us" Automatic Extended Reporting Period for any No person or organization has the right to join "us" "wrongful employment acts" occurring as a party or otherwise bring "us" into a "suit" before the end of the "EPL coverage period" asking for damages from an "insured". and are otherwise covered by this EPL Coverage Endorsement; and I. Other Insurance b. Upon payment of an additional premium of Unless expressly written to be excess over other 100% of the full annual premium applicable applicable insurance, it is intended that the insurance to this EPL Coverage Endorsement, a provided by this EPL Coverage Endorsement shall be Supplemental Extended Reporting Period of primary. one (1) year immediately following the J. EPL Coverage Endorsement Changes effective date of cancellation or nonrenewal in which to give to "us" written notice of This EPL Coverage Endorsement contains all the "claims" first made or "suits" first brought agreements between "you" and "us" concerning this against the "insureds" during said insurance. The first "named insured" in the Supplemental Extended Reporting Period for Supplemental Declarations of this EPL Coverage any "wrongful employment acts" occurring Endorsement is authorized to request changes in this before the end of the "EPL coverage period" EPL Coverage Endorsement. This EPL Coverage and are otherwise covered by this EPL Endorsement can only be changed by a written Coverage Endorsement. endorsement "we" issue and make part of this EPL Coverage Endorsement. To obtain the Supplemental Extended Reporting Period, "you" must request it in K. Representations writing and pay the additional premium due, Any and all relevant provisions of this EPL Coverage within thirty (30) days of the effective date Endorsement may be voidable by "us" in any case of of cancellation or nonrenewal. The additional fraud, intentional concealment, or misrepresentation premium for the Supplemental Extended of material fact by any "insured". Reporting Period shall be fully earned at the inception of the Supplemental Extended L. Special Rights and Duties of the Reporting Period. If "we" do not receive the First "Named Insured" written request as required, "you" may not "You" agree that when there is more than one exercise this right at a later date. person and/or entity covered under this EPL This insurance, provided during the Coverage Endorsement, the first "named insured" in Supplemental Extended Reporting Period, is the Supplemental Declarations of this EPL Coverage excess over any other valid and collectible Endorsement shall act on behalf of all "insureds" as insurance that begins or continues in effect to: after the Supplemental Extended Reporting 1. Giving of notice of a "claim" or "suit"; Period becomes effective, whether the other insurance applies on a primary, excess, 2. Giving and receiving notice of cancellation or contingent, or any other basis. nonrenewal; G. Change in Control of "Named Insured" 3. Payment of premiums and receipt of return premiums; In the event of a "Transaction" then this EPL Coverage Endorsement shall continue in full force 4. Acceptance of any endorsements issued to form and effect as to "wrongful employment acts" a part of this EPL Coverage Endorsement; or occurring prior to the effective time of the 5. Purchasing or deciding not to purchase the "Transaction", but there shall be no coverage Supplemental Extended Reporting Period. afforded by any provision of this EPL Coverage Endorsement for any actual or alleged "wrongful M. Separation of Insureds employment acts" occurring after the effective time Except with respect to the EPL Aggregate Limit of of the "Transaction". This EPL Coverage Liability and any rights or duties specifically assigned Endorsement may not be cancelled after the to the first "named insured" in Clause M. of this effective time of the "Transaction" and the entire Section VI, this insurance applies: premium for this EPL Coverage Endorsement shall be deemed earned as of such time. "You" shall also 1. As if each "named insured" were the only have the right to the Extended Reporting Periods "named insured"; and described in Clause F. of this Section VI. 2. Separately to each insured against whom a "claim" or "suit" is made. WN GL 74 11 11 Page 6 of 9 N. Tie-In of Limits 1. The provisions of any applicable federal, state or As respects any "claim" or "suit" in which at least local law; or one person/entity claimed against is an "insured" 2. The provisions of any formal program under this EPL Coverage Endorsement and at least established by "you". one person/entity claimed against is an insured under F. "Employee" means an individual whose labor or any other EPL Coverage Endorsement issued to service is engaged by and directed by "you" for "you" by "us" (the "Other Policy"), the combined remuneration, whether such individual is in a EPL Aggregate Limit of Liability under both this EPL supervisory, co-worker or subordinate position or Coverage Endorsement and the "Other Policy" for all otherwise, including any part-time, seasonal, and "losses" arising from such "claims" or "suits" temporary "employees". combined shall not exceed the highest applicable An individual who is an independent contractor or limit of insurance under either this EPL Coverage leased to "you" shall also be an "employee". Endorsement or the "Other Policy". This limitation Independent contractors who do not provide ongoing shall apply even if both this EPL Coverage and routine services solely for "you" shall not be Endorsement and the "Other Policy" have been considered "employees", including but not limited to triggered due to a "claim" or "suit" made against the independent trade contractors (e.g. plumber, same person/entity but alleging "wrongful electrician). employment acts" both in his, her or its capacity as G. "EPL coverage period" means the period an insured under the "Other Policy" and as an commencing on the effective date shown in the "insured" under this EPL Coverage Endorsement. Supplemental Declarations of this EPL Coverage O. Headings Endorsement. This period ends on the earlier of the expiration date or the effective date of cancellation The descriptions in the headings of this EPL of this EPL Coverage Endorsement. If "you" became Coverage Endorsement are solely for convenience, an "insured" under this EPL Coverage Endorsement and form no part of the terms and conditions of after the effective date, the "EPL coverage period" coverage. begins on the date "you" became an "insured". H. "Loss(es)" means monetary amounts to which this insurance applies and which "you" are legally SECTION VII. DEFINITIONS obligated to pay (including front pay and back pay), judgments, settlements, pre- and post-judgment A. "Bodily injury" means physical injury, sickness, or interest on that part of any judgment paid by "us", disease, including death resulting therefrom. statutory attorney fees, and "defense costs"; B. "Claim" means a written demand for monetary and however, "loss" shall not include: non-monetary relief (including any request to toll or 1. Civil or criminal fines or penalties imposed by waive any statute of limitations). The term "claim" law; shall also mean an Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL) or 2. Taxes; Office of Federal Contract Compliance Program 3. Employment related benefits, stock options, (OFCCP) (or similar federal, state or local agency) perquisites, deferred compensation or any other proceeding or investigation commenced by the filing type of compensation other than salary, wages of a notice of charges, service of a complaint or or bonus compensation; similar document of which notice has been given to "you". However, in no event, shall the term "claim" 4. Any liability or costs incurred by any "insured" include any labor or grievance proceeding, which is to modify any building or property in order to subject to a collective bargaining agreement. make said building or property more accessible C. "Class action suit" means any suit seeking or accommodating to any disabled person, or certification or certified as a class action by a federal any liability or costs incurred in connection with or state court. any educational, sensitivity or other corporate program, policy or seminar; or D. "Defense costs" means reasonable and necessary 5. Matters which may be deemed uninsurable under fees, costs and expenses consented to by "us" the law pursuant to which this EPL Coverage resulting solely from the investigation, adjustment, Endorsement shall be construed. defense and appeal of a "claim" or "suit" against "you". In no event shall "defense costs" include Where permitted by law, "loss" shall include punitive "your" or "our" routine on-going expenses, or exemplary damages imposed upon any "insured" including, without limitation, the salaries of "your" (subject to the policy's other terms, conditions and or "our" "employees", officers or staff attorneys. exclusions). E. "Domestic partner" means any natural person legally I. "Named insured" means the person or organization recognized as a domestic or civil union partner designated in the Supplemental Declarations page of under: this EPL Coverage Endorsement. WN GL 74 11 11 Page 7 of 9 J. "Property damage" means physical injury to, or In all events, coverage as is afforded under this EPL destruction of, tangible property including the loss of Coverage Endorsement with respect to a "claim" use thereof, or loss of use of tangible property, made or "suit" brought against any "subsidiary" or which has not been physically injured or destroyed. an "insured" of any "subsidiary", shall only apply to K. "Recognized volunteer" means an uncompensated "wrongful employment act(s)" commenced or allegedly commenced after the effective time that individual who volunteers labor or services to "you", such "subsidiary" became a "subsidiary", and prior but only when performing such labor or services at to the time that such "subsidiary" ceased to be a the request of and under the direction of "you". "subsidiary". L. "Related wrongful employment act(s)" means 0. "Suit" means a civil proceeding or an administrative "wrongful employment acts" which are the same, • proceeding seeking money damages, and includes an related or continuous, or "wrongful employment arbitration, mediation or any other alternative dispute acts" which arise from a common nucleus of facts. resolution procedure seeking such damages, to "Claims" or "suits" can allege "related wrongful employment acts", regardless of whether such which the "insured" must submit or may submit "claims" or "suits" involve the same or different with "our" consent. "Suit" shall not include any civil claimants, "insureds" or legal causes of actions. proceeding or administrative proceeding arising from any labor or grievance dispute which is subject to a M. "Retaliation" means a "wrongful employment act" of collective bargaining agreement. an "insured" alleged to be in response to, the actual P "Third party violation" means any actual or alleged or attempted exercise by an "employee" of any right • discrimination or sexual harassment against "your" that such "employee" has under the law. Provided, however, "retaliation" shall not include the customers, vendors or clients. "Third party "wrongful employment act" of an "insured" alleged violation" shall also include any of the following as it to be in response to the threat of or the actual filing relates to such discrimination or sexual harassment: of any claim or suit under the Federal False Claims 1. Violation of an individual's civil rights; Act or any other federal, state, local or foreign 2. Libel; "whistleblower law". N. "Subsidiary" means: 3. Slander; 1. Any for-profit organization which, on or before 4. Humiliation; the inception of the "EPL coverage period", is 5. Mental anguish; more than fifty (50%) percent owned by the "named insured", either directly or indirectly 6. Infliction of emotional distress; through one or more of its "subsidiaries"; or 7. Defamation; or 2. A for-profit organization which becomes a 8. Invasion of privacy; "subsidiary" during the "EPL coverage period", but only upon the condition that within ninety Q. "Transaction" means any of the following that occur (90) days of its becoming a "subsidiary", the during the "EPL coverage period": "named insured" shall have provided "us" with 1. The "named insured" shall consolidate with or full particulars of the new "subsidiary" and merge into, or sell all or substantially all of its agreed to any additional premium or amendment assets to any other person or entity or group of of the provisions of this EPL Coverage Endorsement required by "us" relating to such persons or entities acting in concert; or new "subsidiary". Further, coverage as shall be 2. Any person or entity or group of persons or afforded to the new "subsidiary" is conditioned entities acting in concert shall acquire an amount upon the "named insured" paying when due any of the outstanding securities representing more additional premium required by "us" relating to than fifty (50%) percent of the voting power for such new "subsidiary". the election of directors or General Partners of the "named insured" (in the event the "named An organization becomes a "subsidiary" when the insured" is a Partnership), or acquires the voting "named insured" owns more than fifty (50%) rights of such an amount of such securities; or percent ownership interest in such "subsidiary", either directly, or indirectly through one or more of 3. A General Partner of the "named insured" (in the its "subsidiaries". An organization ceases to be a event the "named insured" is a partnership) "subsidiary" when the "named insured" ceases to withdraws, resigns or is terminated; own more than a fifty (50%) percent ownership in such "subsidiary", either directly, or indirectly through one or more of its "subsidiaries". WN GL 74 11 11 Page 8 of 9 R. "Whistleblower law" means a statute, rule or 6. Employment-related libel, slander, humiliation, regulation, which protects an employee against mental anguish, infliction of emotional distress, discrimination from his or her employer, if the defamation, or invasion of privacy; employee discloses or threatens to disclose to a 7 Wrongful failure to employ or promote; superior or any governmental agency; or who gives testimony relating to, any action with respect to the 8. Wrongful deprivation of career opportunity, employer's operations, which may be a violation of wrongful demotion or negligent "employee" public policy as reflected in legislation, administrative evaluation, including the giving of negative or rules, regulations or decisions, judicial decisions, and defamatory statements in connection with an professional codes of ethics. "employee" reference; S. "Wrongful employment act(s)" means any actual or 9. Wrongful discipline; alleged: 10. Failure to provide or enforce adequate or 1. Wrongful dismissal, discharge or termination consistent corporate policies and procedures (either actual or constructive), including breach relating to any "wrongful employment act"; of an implied contract; 11. Negligent supervision or hiring by an "insured", 2. Harassment or coercion (including sexual relating to any of the above; harassment, whether quid pro quo, hostile work environment or otherwise); 12. Violation of an individual's civil rights relating to any of the above; or 3. Discrimination (including but not limited to discrimination based upon age, gender, race, 13. "Third party violations", but only if coverage for color, national origin, religion, sexual orientation "third party violations" is shown on the or preference, pregnancy or disability); Supplemental Declarations. 4. "Retaliation" (including lockouts); 5. Employment-related misrepresentation(s) to "your" "employee" or applicant for employment with "you"; WNGL741111 Page9of9 WNGL791111 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following: EMPLOYMENT PRACTICES LIABILITY INSURANCE COVERAGE ENDORSEMENT SECTION VI. CONDITIONS is amended as fol- 2. Clause L. Special Rights and Duties Of the lows: "Named Insured", Paragraph 2. is replaced by the following: 1. Clause E. Transfer Of Rights Of Recovery 2. Giving and receiving notice of cancella- Against Others To "Us" is replaced by the tion or nonrenewal, provided, however, following: in the event of a cancellation by "us", E. Transfer Of Rights Of Recovery Against we" will notify all "named insureds" in Others To "Us" the Supplemental Declarations; "You" may be able to recover all or part of a "loss" from someone other than "us". "You", therefore, shall do all that is possible after a "loss" to preserve any such right of recovery. If "we" make a payment under this EPL Coverage En- dorsement, that right of recovery shall belong to "us" to the extent of "our" payment. "You" shall do whatever is necessary, including signing documents, to help "us" obtain that recovery. WN GL 79 11 11 Page 1 of 1 COMMERCIAL GENERAL LIABILITY WN GL 104 03 16 Cyber Liability Insurance Endorsement (Claims-Made and Reported Coverage) Effective Date: Expiration Date: NOTICE REGARDING DEFENSE COSTS INCLUDED WITHIN THE LIMIT OF LIABILITY The limits of liability for the coverage provided under this Endorsement are specified in the Cyber Liability Schedule of Limits ("the Schedule") shown below. Such limits are in addition to, and will not reduce, the limits of liability provided elsewhere under the Policy. Any "defense costs" paid under this Endorsement will reduce the available limits of insurance and may exhaust them completely. CYBER LIABILITY SCHEDULE OF LIMITS Coverage Limits Mulitmedia Liability Coverage $ Each "claim" Security and Privacy Liability Coverage $ Each "claim" Privacy Regulatory Defense and Penalties $ Each "claim" Coverage Privacy Breach Response Costs, Notification $ Each "claim" Expenses and Customer Support and Credit Monitoring Expenses Coverage Network Asset Protection Coverage $ Each "claim" Cyber Extortion Coverage $ Each "claim" Cyber Terrorism Coverage $ Each "claim" BrandGuardTM Coverage $ Each "claim" PCI DSS Assessment Coverage $ Each "claim" Aggregate Limit $ Information to complete this Schedule, if not shown above, will be shown in the Cyber Liability Endorsement Supplemental Declarations. This Endorsement provides Claims-Made and Reported Coverage. Various provisions in this Endorsement re- strict coverage. Read the entire Endorsement carefully to determine "your" rights and duties and what is and is not covered. All words and phrases in this Endorsement that appear in "quotations" have the meanings set forth in Section V of this Endorsement. To the extent any words or phrases used in this Endorsement are defined elsewhere in the Policy, such definitions provided elsewhere do not apply to give meaning to the words or phrases used in this Endorsement. WN GL 104 03 16 Page 1 of 20 SECTION I —COVERAGE AGREEMENTS directly resulting from a "claim" for an actual or In consideration of the premium paid and subject to alleged "security breach" or "privacy breach", all terms, conditions, definitions, exclusions and other provided that: provisions of this Endorsement,we agree as follows: (1) Such "claim" is first made against the "in- sured"during the"endorsement period"; A. MULTIMEDIA LIABILITY COVERAGE (2) The "insured" reports such "claim" in writing Subject to the limits of liability specified in the to us no later than sixty (60) days after the Schedule, we will pay: "claim" is first made against the "insured"; (1) "Damages" which an "insured" becomes le- and gally obligated to pay; and (3) The "security breach" or "privacy breach" (2) "Defense costs", takes place or first commences on or after the"retroactive date". resulting from a "claim" for an actual or alleged D. PRIVACY BREACH RESPONSE COSTS, NO- "multimedia peril(s)", provided that: TIFICATION EXPENSES, AND CUSTOMER (1) Such "claim" is first made against the "in- SUPPORT AND CREDIT MONITORING EX- sured"during the"endorsement period"; PENSES COVERAGE (2) The "insured" reports such "claim" in writing Subject to the limits of liability specified in the to us no later than sixty (60) days after the Schedule, we will pay reasonable "privacy "claim" is first made against the "insured"; breach response costs", "notification and expenses", and/or "customer support and credit (3) The "multimedia peril(s)" takes place or first monitoring expenses" which "you" incur during commences on or after the "retroactive the "endorsement period" as a direct result of date". an "adverse media report", "security breach" or "privacy breach", provided that: B. SECURITY AND PRIVACY LIABILITY COVER- AGE (1) The "adverse media report", "security breach" or "privacy breach" takes place or Subject to the limits of liability specified in the first commences on or after the "retroactive Schedule,we will pay: date"; and (1) "Damages" which an "insured" becomes le- (2) "You" report the :'adverse media report", gaily obligated to pay; and "security breach" or"privacy breach" in writ- (2) "Defense costs", writ- ing to us during the "endorsement period", but no later than sixty (60) days from the resulting from a "claim" for an actual or alleged date an "insured" first discovers the "ad- "security and privacy wrongful act", provided verse media report", "security breach" or that: "privacy breach". (1) Such "claim" is first made against the "in- E. NETWORK ASSET PROTECTION COVER- sured"during the"endorsement period"; AGE (2) The "insured" reports such "claim" in writing (1) Loss of Digital Assets to us no later than sixty (60) days after the Subject to the limits of liability specified in "claim" is first made against the "insured"; the Schedule, we will reimburse "you" for and "digital assets loss" and/or "special ex- (3) The "security and privacy wrongful act" penses" which "you" incur during the "en- takes place or first commences on or after dorsement period" as a direct result of the"retroactive date". damage, alteration, corruption, distortion, theft, misuse, or destruction of "digital as- C. PRIVACY REGULATORY DEFENSE AND sets", provided that: PENALTIES COVERAGE (a) Such damage, alteration, corruption, Subject to the limits of liability specified in the distortion, theft, misuse, or destruction Schedule, we will pay: of "digital assets" is directly caused by (1) "Regulatory fines and penalties" and/or any a"covered cause of loss"; "regulatory compensatory award" which an (b) The "covered cause of loss" takes "insured" becomes legally obligated to pay; place or first commences on or after and the"retroactive date"; (2) "Defense costs", WN GL 104 03 16 Page 2 of 20 (c) "You" report the "covered cause of (2) "You" provide clear evidence that the "cyber loss" in writing to us during the "en- extortion expenses" and/or "cyber extortion dorsement period", but no later than monies" directly resulted from the "cyber sixty (60) days from the date an "in- extortion threat"; and sured" first discovers the "covered cause of loss"; and (3) "You" report the "cyber extortion threat" in writing to us during the "endorsement peri- (d) "You" provide clear evidence that the od", but no later than sixty (60) days from "digital assets loss" and/or "special ex- the date the "cyber extortion threat" is penses" directly resulted from the "cov- made against an"insured". ered cause of loss". "Cyber extortion expenses" and/or "cyber extor- We will pay "digital assets loss" and/or tion monies" shall not be paid without our prior "special expenses" for a period of up to consultation and written authorization. "You" twelve (12) months following the discovery must make every reasonable effort to notify the of the damage, alteration, corruption, dis- local law enforcement authorities and the Fed- tortion, theft, misuse, or destruction of"digi- eral Bureau of Investigation or similar equiva- tal assets". lent foreign agency before surrendering any (2) Non Physical Business Interruption and Ex- "cyber extortion monies" in response to a"cyber tra Expense extortion threat". Subject to the limits of liability specified in G. CYBER TERRORISM COVERAGE the Schedule, we will reimburse "you" for Subject to the limits of liability specified in the "income loss", "interruption expenses" Schedule, we will reimburse "you" for "income and/or "special expenses" which "you" incur loss", "interruption expenses", and/or "special during the "period of restoration", but after expenses" which "you" incur during the "period the "waiting period", as a direct result of a of restoration", but after the "waiting period", as total or partial interruption, degradation in a direct result of a total or partial interruption, service or failure of an "insured computer degradation in service, or failure of an "insured system", provided that: computer system", provided that: (a) Such total or partial interruption, degra- (1) Such total or partial interruption, degrada- dation in service or failure of the "in- tion in service, or failure of the "insured sured computer system" is directly computer system" is directly caused by an caused by a"covered cause of loss"; "act of cyber terrorism"; (b) The "covered cause of loss" takes (2) The "act of cyber terrorism" takes place or place or first commences on or after first commences on or after the "retroactive the"retroactive date"; date"; (c) "You" report the "covered cause of (3) "You" report the "act of cyber terrorism" in loss" in writing to us during the "en- writing to us during the "endorsement peri- dorsement period", but no later than od", but no later than sixty (60) days from sixty (60) days from the date an "in- the date an "insured" first discovers the "act sured" first discovers the "covered of cyber terrorism"; and cause of loss"; and (4) "You" provide clear evidence that the "in- (d) "You" provide clear evidence that the come loss", "interruption expenses" and/or "income loss", "interruption expenses" "special expenses" directly resulted from and/or "special expenses" directly re- the"act of cyber terrorism". suited from the"covered cause of loss". H. BRANDGUARD COVERAGE F. CYBER EXTORTION COVERAGE Subject to the limits of liability specified in the Subject to the limits of liability specified in the Schedule, we will reimburse "you" for "your" Schedule, we will reimburse "you" for"cyber ex- provable and ascertainable "brand loss", which tortion expenses" and/or "cyber extortion "you" sustain during the "period of indemnity", monies" that "you" pay as a direct result of a but after the "waiting period", as a direct result "cyber extortion threat", including a demand for of an "adverse media report" or "notification", "cyber extortion monies", provided that: provided that: (1) Such "cyber extortion threat" is first made (1) The "adverse media report" or "notification" against an "insured" on or after the "retro- results from a "privacy breach" or "security active date"; breach" that takes place or first commen- ces on or after the"retroactive date"; WN GL 104 03 16 Page 3 of 20 (2) "You" report the "brand loss" in writing to us No "insured" will incur any "defense costs" or other during the "endorsement period", but no lat- expenses, or settle any "claim", assume any Gon- er than sixty (60) days from the date "you" tractual obligation, admit liability, voluntarily make first discover the actual or potential "brand any payment, or otherwise consent to any settle- loss"; and ment or judgment with respect to any "claim" with- out our prior written consent, which will not be un- (3) "You" provide clear evidence that the reasonably withheld. We will not be liable for any "brand loss" directly resulted from the "ad- "defense costs" or other expenses, settlement or verse media report"or"notification". judgment to which we have not consented. I. PCI DSS ASSESSMENT COVERAGE Subject to the limits of liability specified in the SECTION III —EXCLUSIONS Schedule,we will pay: (1) A "PCI DSS assessment" which an "in- The insurance provided under this Endorsement sured" becomes legally obligated to pay; does not apply to: and A. Any"claim" based upon, arising out of, resulting (2) "Defense costs", from, in consequence of, or in any way involv- ing any "multimedia peril", "security and privacy resulting from a "claim" for an actual or alleged wrongful act", "security breach", "privacy "security breach" or "privacy breach", provided breach", "covered cause of loss", "cyber extor- that: tion threat", "act of cyber terrorism" or "adverse (1) Such "claim" is first made against the "in- media report": sured"during the"endorsement period"; (1) Which was the subject of written notice giv- (2) The "insured" reports the "claim" in writing en to us or to any other insurer prior to "your" initial effective date of Cyber Liability to us no later than sixty (60) days after the "claim" is first made against the "insured"; coverage; and (2) Which was the subject of any prior and/or (3) The entirety of the "security breach" or "pri- pending written demand made against an insured", or a civil, administrative or arbi- vacy breach" takes places or first commen- ces on or after the"retroactive date". tration proceeding commenced against an "insured", prior to "your" initial effective date of Cyber Liability coverage, or that involved II — DEFENSE, INVESTIGATION, AND the same or substantially the same fact, cir- SECTION cumstance, or situation underlying or al- SETTLEMENTleged in such prior demand or proceeding; We will have the right and duty to defend: (3) Which an "insured" had knowledge of prior A. Any "claim" for "damages" covered under Coy- to `your" initial effective date of Cyber Li- erage Agreement A or Coverage Agreement B; ability coverage. or B. Any"claim" based upon, arising out of, resulting B. Any "claim" for "regulatory fines and penalties" from, in consequence of, or in any way involv- and/or a "regulatory compensatory award" cov- ing any actual, alleged or threatened discharge, ered under Coverage Agreement C; or dispersal, release or escape of pollutants, or any direction, request or voluntary decision to C. Any "claim" for "PCI DSS assessment" covered test for, abate, monitor, clean up, remove, con- under Coverage Agreement I, tain, treat, detoxify or neutralize pollutants, nu- even if the allegations of the "claim" are groundless, clear material or nuclear waste. For purposes of false or fraudulent. We may investigate or settle this exclusion, "pollutants" means any solid, any "claim" at our discretion. The applicable limits liquid, gaseous or thermal irritant or contami- of liability will be reduced and may be completely nant, including mold, vapor, soot, acids, alkalis, exhausted by payment of "defense costs". We will chemicals, odors, noise, lead, oil or oil prod- not be obligated to pay or defend any "claim" after ucts, radiation, or asbestos or asbestos-con- the applicable limit of our liability hereunder has taining products and waste. Waste includes, been exhausted. but is not limited to, material that is or is to be recycled, reconditioned or reclaimed. WN GL 104 03 16 Page 4 of 20 C. Any "claim"for liability assumed by an "insured" K. Any "claim" for harassment or discrimination under any oral or written contract or agreement, because of, or relating to, race, creed, color, except where such liability would apply apart age, sex, sexual orientation or preference, na- from such contract or agreement and which is tional origin, religion, handicap, disability, politi- otherwise covered by this Endorsement. With cal affiliation, marital status, or any other basis respect to any "multimedia peril", "security prohibited by federal, state or local law. breach" or"privacy breach", this exclusion does L. Any"claim" based upon, arising out of, resulting not apply to any "claim" alleging liability "as from, in consequence of, or in any way involv- sumed under contract". ing: D. Any "claim" for breach of any express, implied, actual or constructive contract, warranty, guar (1) Satellite failures; antee, or promise, except where such liability (2) Electrical or mechanical failures and/or in- would apply apart from such contract, warranty, terruption including, but not limited to, elec- guarantee or promise and which is otherwise trical disturbance, spike, power surge, covered by this Endorsement. This exclusion brownout, or blackout; or does not apply to any "claim" alleging breach of "your" privacy policy or liability "assumed under (3) Outages to gas, water, telephone, cable, contract". telecommunications or other infrastructure, unless such infrastructure is under "your" E. Any "claim" which is covered under the Corn- direct operational control and such "claim" mercial General Liability coverage section or is otherwise covered under Coverage Businessowners Liability coverage section of Agreement E or Coverage Agreement G. the Policy to which this endorsement attaches. M. Any "claim" for violation of any of United States F. Any "claim" for violations of the False Claims of America's economic or trade sanctions, in- Act or any similar federal or state law, rule, or cluding, but not limited to, sanctions adminis- regulation concerning billing errors or fraudulent tered and enforced by the U.S. Treasury De- billing practices or abuse. partment's Office of Foreign Assets Control G. Any"claim"for infringement of any patent or the ("OFAC"). misappropriation, theft, copying, display, or N. Any"criminal proceeding". publication of any trade secret. O. Any"claim" based upon, arising out of, resulting H. Any "claim" for unfair competition, price fixing, from, in consequence of, or in any way involv- deceptive trade practices, restraint of trade, or ing: violation of any anti-trust laws. (1) Any willful, deliberately dishonest, mali- I. Any "claim" based upon, arising out of, resulting cious, or fraudulent act or omission; from, in consequence of, or in any way involv- ing: (2) Any intentional violation of the law or of "your"privacy policy; or (1) Any employment or employment-related matters, including, but not limited to, Em (3) The gaining in fact of any profit, remunera- ployer-Employee relations, policies, acts or tion or financial advantage to which an "in- omissions; sured"was not legally entitled, (2) Any actual or alleged refusal to employ any if committed by any "insured", whether acting person or any other actual or alleged mis- alone or in collusion with other persons. Not- conduct with respect to employees; or withstanding the foregoing, the insurance of forded by this Endorsement will apply to "de- (3) Any actual or alleged obligations of the "in- fense costs" incurred in defending any such sured" under any workers' compensation, "claim" until such time as there is a judgment or unemployment insurance, social security, other final adjudication adverse to the "insured" disability benefits or other similar law. establishing such willful, dishonest, fraudulent, This exclusion does not apply to an other- or malicious conduct. We will have the right to wise covered "claim" under Coverage recover "defense costs" incurred in defending Agreement B, which is brought by "your" such "claim" from those parties found to have past, present or future employee alleging a committed such willful, dishonest, fraudulent, or "security and privacy wrongful act". malicious conduct. J. Any "claim" for "bodily injury" or "property dam- age". WN GL 104 03 16 Page 5 of 20 This exclusion does not apply to: S. Any"claim" based upon, arising out of, resulting (1) Any "insured" that did not commit, partici- from, in consequence of, or in any way involv- ing the wear and tear, drop in performance, dishonest, fraudulent, or malicious conduct progressive deterioration, or aging of "your" described in this exclusion; or electronic equipment or"computer hardware". (2) A "claim" resulting from sabotage by `your T. Any"claim" based upon, arising out of, resulting "employee". from, in consequence of, or in any way involv- ing the failure of overhead transmission and P. Any"claim" based upon, arising out of, resulting distribution lines. from, in consequence of, or in any way involv- U. Any"claim" based upon, arising out of, resulting ing: from, in consequence of, or in any way involv- (1) Any actual or alleged "multimedia peril", ing the gradual deterioration of subterranean in- "security and privacy wrongful act", "secur- sulation. ity breach", "privacy breach", "covered V. Any"claim" based upon, arising out of, resulting cause of loss", "cyber extortion threat", "act from, in consequence of, or in any way involv- of cyber terrorism", or "adverse media re- ing lightning, wind, water, flood, earthquake, port" that took place or first commenced pri- volcanic eruption, tidal wave, landslide, hail, or to the"retroactive date"; or force majeure or any other physical event, how- (2) Any actual or alleged "multimedia peril", ever caused, unless such "claim" is otherwise "security and privacy wrongful act", "secur- covered under Coverage Agreement E or Cov- ity breach", "privacy breach", "covered erage Agreement G. cause of loss", "cyber extortion threat", "act W. Any"claim" based upon, arising out of, resulting of cyber terrorism" or "adverse media re- port' that took place on or after the "retro_ from, in consequence of, or in any way involv- active date", which, together with an actual ing: or alleged "multimedia peril", "security and (1) The gradual deterioration or wear and tear privacy wrongful act", "security breach", of an"insured computer system"; or "privacy breach", "covered cause of loss", "cyber extortion threat", "act of cyber terror- (2) "Your" failure, or the failure of those acting ism" or "adverse media report" that took on "your" behalf, to maintain any computer, place prior to the "retroactive date", would "computer system" or network, computer constitute related "multimedia perils", "se software, or any other equipment. curity and privacy wrongful acts", "security X. Any"claim" based upon, arising out of, resulting breaches", "privacy breaches", "covered from, in consequence of, or in any way involv- causes of loss", "cyber extortion threats", ing the actual or alleged inaccurate, inadequate "acts of cyber terrorism" or "adverse media or incomplete description of the price of goods, reports". products or services. For purposes of this exclusion, "multimedia Y. Any"claim" based upon, arising out of, resulting perils", "security and privacy wrongful acts", from, in consequence of, or in any way involv- "security breaches", "privacy breaches", ing cost guarantees, cost representations, con- "covered causes of loss", "cyber extortion tract price or cost estimates being exceeded. threats", "acts of cyber terrorism" or "ad- verse media reports" will be deemed re- Z. Any"claim" brought by or on behalf of: lated if we determine that they are logically (1) Any"insured"against another"insured"; or causally connected by any common fact, circumstance, situation, event, transaction (2) Any entity which is owned, in whole or in or series of facts, circumstances, situa- part, by an "insured", or any entity directly tions, events or transactions. or indirectly controlled, operated or man- aged by an"insured"; Q. Any "claim" based upon, arising out of, resulting from, in consequence of, or in any way involv- (3) Any entity which is a parent, affiliate or sub- ing any business, joint venture or enterprise not sidiary of any entity in which an "insured" is named on the Declarations. a partner or joint venturer; or R. Any "claim" based upon, arising out of, resulting (4) Any individual or entity who is a partner or from, in consequence of, or in any way involv- joint venturer of any entity in which an "in- ing any conduct, act, error or omission of any sured" is also a partner or joint venturer. individual serving in any capacity other than as "your" officer, director, partner, stockholder, trustee or employee. WN GL 104 03 16 Page 6 of 20 This exclusion does not apply to an other- EE. Any"claim"alleging: wise covered "claim" under Coverage Agreement B, which is brought by "your" (1) The violation of any pension, healthcare, past, present or future employee alleging a welfare, profit sharing or mutual or invest "security and privacy wrongful act", but only ment plans,funds or trusts; or if such employee or any of "your" past or (2) The violation of any provision of the Em- present officers, directors or trustees did ployee Retirement Income Security Act of not commit, participate in, or contribute to 1974 and its amendments and/or the Pen- such "security and privacy wrong act" or sion Protection Act of 2006 and its amend- any"security breach"or"privacy breach". ments, or any regulation, ruling or order is- AA. Any"claim" based upon, arising out of, resulting sued pursuant thereto. from, in consequence of, or in any way involv- FF. Any"claim" based upon, arising out of, resulting ing unauthorized trading. For purposes of this from, in consequence of, or in any way involv- exclusion, "unauthorized trading" means trad- ing: ing,which at the time of the trade is: financial limits; or (1) Strikes or similar labor actions, war, inva- (1) In excess of permittedsion, act of foreign enemy, hostilities or (2) Outside of permitted product lines. warlike operations (whether declared or not), civil war, mutiny, civil commotion as- BB. Any"claim" based upon, arising out of, resulting suming the proportions of or amounting to a from, in consequence of, or in any way involv- popular uprising, military uprising, insurrec- ing: tion, rebellion, revolution, military or (1) The actual or alleged purchase or sale of usurped power, or any action taken to hin- securities, or an offer, or solicitation of an der or defend against these actions; offer, to purchase or sell securities; (2) The confiscation, nationalization, requisition (2) The actual or alleged loss of value of any or destruction of, or damage to, property by securities; or or under the order of any government or public or local authority; or (3) Any actual or alleged violation of any secur- ities law such as the provisions of the Se- (3) Any action taken in controlling, preventing, curities Act of 1933, the Securities Ex- suppressing or in any way relating to GG(1) change Act of 1934, the Sarbanes-Oxley or GG(2) above. Act of 2002 or any regulation promulgated This exclusion does not apply to an "act of cy- under the foregoing statutes, or any feder- ber terrorism". al, state, local, or foreign laws similar to the foregoing statutes, including "Blue Sky" GG. Any "claim" based upon, arising out of, resulting laws, whether such law is statutory, regula- from, in consequence of, or in any way involy- tory or common law. ing "your" commercial decision to cease provid- ing a particular product or service, but only if CC. Any "claim"for violation of the Organized Crime "you" are contractually obligated to continue Control Act of 1970 (commonly known as providing such products or services. `Racketeer Influenced And Corrupt Organiza- tions Act' or `RICO'), as amended, or any regu- HH. Any"claim" based upon, arising out of, resulting lation promulgated under the foregoing stat from, in consequence of, or in any way involy- utes, or any similar federal, state, local or for- ing: eign laws, whether such law is statutory, regu- (1) Gambling or pornography; latory or common law. DD. Any "claim" which is brought by the Federal (2) Prizes, awards or coupons; or Trade Commission, the Federal Communica- (3) The sale or provision of prohibited, re- tions Commission or any other federal, state or stricted or regulated items such as alcoholic local governmental entity, in such entity's regu- beverages, tobacco or drugs. latory or official capacity. This exclusion does II. Any"claim" based upon, arising out of, resulting not apply to an otherwise covered "claim" under from, in consequence of, or in any way involv- Coverage Agreement C. ing the use of programs that are not"operation- al programs"or"delivered programs". WN GL 104 03 16 Page 7 of 20 JJ. Any "claim" based upon, arising out of, resulting (2) Any loss arising out of updating or replacing from, in consequence of, or in any way involv- "digital assets" to a level beyond that which ing any "insured's" intentional use of illegal or existed prior to the"covered cause of loss"; unlicensed programs that are in violation of the provisions or laws referring to software protec (3) Contractual penalties or consequential tion. damages; KK. Any"claim" based upon, arising out of, resulting (4) Any liability to third parties for whatever from, in consequence of, or in any way involv- reason, including legal costs and expenses ing the confiscation, commandeering, requisi- of any type; tion, destruction of, or damage to "computer (5) Fines or penalties imposed by law; hardware" by order of a government de jure or de facto or by any public authority for whatever (6) Costs or expenses incurred to identify, reason. patch or remediate software program errors or"computer system"vulnerabilities; LL. Any "claim" based upon, arising out of, resulting (7) Loss of goodwill and reputational harm; from, in consequence of, or in any way involv- ing the existence, emission or discharge of any (8) Costs to upgrade, redesign, reconfigure or electromagnetic field, electromagnetic radiation maintain an "insured computer system" to a or electromagnetism that actually or allegedly level of functionality beyond that which ex- affects the health, safety or condition of any isted prior to the"covered cause of loss"; or person or the environment or that affects the value, marketability, condition or use of any (9) Any losses paid under Coverage Agree- property. ment E(1). MM. With respect to Coverage Agreement E(1): 00. With respect to Coverage Agreement H: (1) Any amount incurred in restoring, updating (1) Any amounts incurred by "you" in an effort or replacing "digital assets" to a level to re-establish "your" "reputation", including be- yond that which existed prior to the "coy- "public relations expenses"; ered cause of loss"; (2) Any amounts incurred in any "claim" that is (2) Physical damage to the "computer hard- "insured" by any other insurance, except ware" or "data" center, other than acciden- excess insurance; tal physical damage or destruction of"elec- (3) Any amounts incurred in connection with an tronic media" so that stored "digital assets" "adverse media report" that also affects or are no longer machine-readable; refers in similar terms to a general security (3) Contractual penalties or consequential issue, an industry or"your" specific compet- damages; itors without any specific allegations re- garding a "privacy breach" or "security (4) Any liability to third parties for whatever breach" by an "insured", a "BPO service reason, including legal costs and expenses provider", an "outsourced IT service pro- of any type; vider", or by others acting on "your" behalf (5) Fines or penalties imposed by law; and for whom "you"are legally responsible ; (6) The economic or market value of "digital (4) Any civil or regulatory liability to third par assets"; ties for whatever reason, including legal costs and expenses of any type; (7) Costs or expenses incurred to identify, patch or remediate software program errors (5) Contractual penalties or consequential or"computer system"vulnerabilities; damages; (8) Costs to upgrade, redesign, reconfigure or (6) "Privacy breach response costs", "notifica- maintain an "insured computer system" to a tion expenses" or "customer support and level of functionality beyond that which ex- credit monitoring expenses" paid under isted prior to the"covered cause of loss"; or Coverage Agreement D; or (9) Any losses paid under Coverage Agree- (7) Fines or penalties imposed by law or regu- ment E(2). lation. NN. With respect to Coverage Agreement E(2): (1) Any loss arising out of a physical cause or natural peril, including, but not limited to, wind, water, flood, subsidence or earth- quake, which results in physical damage to "computer hardware" and/or any"data" cen- ter; WN GL 104 03 16 Page 8 of 20 SECTION IV —LIMITS OF LIABILITY SECTION V—DEFINITIONS A. The each "claim" limits of liability stated in the When used in this Endorsement: Schedule is the maximum amount we will pay A. "Act of cyber terrorism" means the premedi- for each "claim" under each Coverage Agree- ment of this Endorsement, including "defense tated use of disruptive activities, or the threat costs" where applicable, regardless of the num- thereof, against computers, computer systems, ber of"insureds" involved or affected, the num- networks and/or public internet by any person ber of individuals or entities making a"claim", or or group(s) of persons, whether acting alone or the number of"claims"made. on behalf of, or in connection with, any organi- zation(s) or government(s) with the intention to B. Subject to the provisions respecting each intimidate or cause destruction or harm and/or "claim", the Aggregate Limit stated in the further social, ideological, religious, political or Schedule is the maximum amount we will pay similar objectives. "Act of cyber terrorism" in- for all "claims" made during the "endorsement cludes, but is not limited to, the use of informa- period" under all Coverage Agreements com- tion technology to organize and execute bined. The Aggregate Limit includes "defense large-scale attacks against computer systems, costs". networks and/or public internet, resulting in dis- c. If the Aggregate Limit is exhausted, then our abling and/or deleting critical infrastructure, da- obligations under this Endorsement will be to or information. deemed completely fulfilled and extinguished. B. "Adverse media report" means any unpredict- D. All "claims" made under any one Coverage able report or communication of an actual or Agreement which arises out of the same, re- potential "security breach" or "privacy breach", lated, or continuing acts, facts or circumstan- which: ces, will be considered a single "claim" without (1) Has been publicized through any media regard to the number of "insureds", "claims", or channel including, but not limited to, televi- persons or entities making a "claim", and only sion, "print media", radio or electronic net- one each "claim" limit will apply. Such "claim" works, the "Internet", and/or electronic mail; will be deemed to have been first made on the and date the earlier of the related "claims" was first (2) Threatens material damage to "your" repu- made and will be deemed to have been first re- ported to us on the date the earlier of the re- tation or`your"brands. lated "claims" was first reported to us in writing. C. "Acquiring bank" means a bank or financial in- Appeals and any post-trial proceedings or con- stitution that accepts credit and/or debit card solidated proceedings approved by us will be payments (including credit cards, debits cards, considered to be part of the original"claim". stored value cards and pre-paid cards) for prod- E. In the event that a "claim" is made and applies ucts or services on behalf of a merchant, in- to more than one Coverage Agreement under cluding processing and crediting those pay- this Endorsement, only one each "claim" limit ments to a merchant's account. will apply. We have the discretion to allocate D. "Assumed under contract" means liability for amounts paid, if any, against the appropriate "damages" resulting from a "multimedia peril", limit of liability. "security breach" or "privacy breach" where such liability has been assumed by "you" in the form of a written hold harmless or indemnity agreement, provided that such agreement was executed prior to date the "multimedia peril", "security breach", or"privacy breach"occurred. WN GL 104 03 16 Page 9 of 20 E. "BPO service provider" means any third party (2) With respect to Coverage Agreement C independent contractor that provides business (Privacy Regulatory Defense and process outsourcing services for "your" benefit Penalties), a "government investigation" under a written contract with "you", including, commenced against an "insured" by letter but not limited to, call center services, fulfill- notification, complaint, or order of investiga- ment services, and logistical support. tion. A "claim" under Coverage Agreement F. "Bodilyinjury" physical injury, sickness, C will be deemed to be first made when it is means p y l first received by an"insured". disease, pain or death, and if arising out of the foregoing, mental anguish, mental injury, shock, (3) With respect to Coverage Agreement D humiliation or emotional distress sustained by a ("Privacy breach" Response Costs, Notifi- person at any time. cation Expenses, and Customer Support and Credit Monitoring Expenses), "your" G. "Brand loss" means "your" revenue as could written report to us of an "adverse media have been reasonably projected immediately prior to "notification" or, in the event of an "ad- report", "security breach", or "privacy Agree- verse media report", immediately prior to the breach". A "claim" under Coverage publication of an "adverse media report", but ment D will be deemed to be first made which has been lost after the "waiting period" when such written report is received by us. but during the "period of indemnity" as a direct (4) With respect to Coverage Agreement E result of such "notification" or "adverse media (Network Asset Protection), `your" written report", less the variable costs (including the report to us of a "covered cause of loss". A cost of raw materials and all other costs) that "claim" under Coverage Agreement E will would have been incurred during the same peri- be deemed to be first made when such od, but were saved as a result. "Brand loss" will written report is received by us. be determined in accordance with Section VII(C) of this Endorsement. (5) With respect to Coverage Agreement F (Cyber Extortion), `your" written report to us H. "Card association" means Visa International, of a"cyber extortion threat". A"claim" under MasterCard, Discover, JCB American Express Coverage Agreement F will be deemed to and any similar credit or debit card association be first made when such written report is that is a participating organization of the Pay- received by us. ment Card Industry Security Standards Council. (6) With respect to Coverage Agreement G I. "Claim" means: (Cyber Terrorism), "your" written report to (1) With respect to Coverage Agreement A us of an "act of cyber terrorism". A "claim" (Multimedia Liability) and Coverage Agree- under Coverage Agreement G will be deemed to be ment B (Security and Privacy Liability): first made when such written report is received by us. (a) Any written demand for monetary or (7) With respect to Coverage Agreement H non-monetary relief made against an (BrandGuard), `your" written report to us of "insured"; brand loss directly caused by an "adverse (b) Any civil proceeding or arbitration pro- media report' or "notification". A "claim" ceeding initiated against an "insured", under Coverage Agreement H will be commenced by the service of a corn- deemed to be first made when such written plaint or similar pleading or notification; report is received by us. or (8) With respect to Coverage Agreement I (PCI (c) Any written request to toll or waive a DSS Assessment Coverage), any written statute of limitations relating to a poten- demand made against an "insured" by an tial "claim" against an "insured", includ- "acquiring bank" or "card association" for a ing any appeal therefrom; "PCI DSS assessment" due to the A "claim" under Coverage Agreement A or "insured's" non-compliance with "PCI Data Coverage Agreement B will be deemed to Security Standards". A "claim" under Cov- erage Agreement I will be deemed to be be first made when an "insured" first re- first made when such written demand is re- ceives notice of any of (1)(a) through (1)(c) ceived by an"insured". above. WN GL 104 03 16 Page 10 of 20 J. "Computer hardware" means the physical com- (2) Administrative or Operational Mistakes ponents of any computer system including CPUs, memory, storage devices, storage me- An accidental, unintentional, or negligent dia, and input/output devices and other periph- eral error or omission by"your employee, a eral devices and components, including, but not "BPO service provider", or "outsourced IT limited to, cable, connectors, fiber optics, wire, service provider"in: power supply units, keyboards, display moni- (a) The entry or modification of"your" elec- tors, and audio speakers. tronic data", which causes damage to K. "Computer program(s)"means an organized set such"data"; or of instructions that,when executed, causes a (b) The creation, handling, development, computer to behave in a predetermined man- modification, or maintenance of "digital ner. "Computer program(s)" include, but are assets"; or not limited to, communications, networking, op- erating system, and related"computer pro- (c) The ongoing operation or maintenance grams" used to create, maintain, process, re- of an "insured computer system" ex- trieve, store, and/or transmit electronic"data". cluding the design, architecture, or con- L. "Computer system(s)" means interconnected figuration of an "insured computer sys- electronic, wireless, web, or similar systems (in- tem". cluding all "computer hardware" and software) (3) Computer Crime and Computer Attacks used to process and store "data" or information in an analogue, digital, electronic, or wireless An act, mistake or negligent error or omis- format including, but not limited to, "computer sion in the operation of an "insured com-pu- programs", electronic "data", operating sys ter system" or in the handling of"digital as tems, "firmware", servers, media libraries, asso- sets" by "your employee, a "BPO service ciated input and output devices, mobile devi- provider", or "outsourced IT service pro ces, networking equipment, websites, extra- eider , which fails to prevent or hinder any nets, off line storage facilities (to the extent that of the following attacks on an "insured corn- they hold electronic "data"), and electronic puter system": backup equipment. (a) A"denial of service attack"; M. "Computer virus" means a program that pos- (b) "Malicious code"; sesses the ability to create replicas of itself (commonly known as "auto-reproduction" pro- (c) "Unauthorized access"; or gram) within other programs or operating sys- (d) "Unauthorized use". tem areas or which is capable of spreading copies of itself wholly or partly to other "corn- O. "Criminal proceeding" means any governmental puter systems". action for enforcement of criminal laws, includ- ing those offenses for which conviction could N. "Covered cause of loss" means, and is limited result in imprisonment and/or criminal fine. to, the following: P. "Customer support and credit monitoring ex- (1) Accidental Damage or Destruction penses" means those reasonable and neces- (a) Accidental physical damage or destruc- sary expenses which "you" incur, with our prior tion of "electronic media" so that stored written consent, in the event of a "privacy "digital assets" are no longer breach", for the provision of customer support machine-readable; activity, including the provision of credit file monitoring services and identity theft education (b) Accidental damage or destruction of and assistance for up to a period of twelve (12) "computer hardware" so that stored months from the date of enrollment in such "data" is no longer machine-readable; credit file monitoring services, in the event of a (c) Failure in power supply or under/over "privacy breach". voltage only if such power supply is Q. "Cyber extortion expenses" means all reason- under "your" direct operational control. able and necessary costs and expenses which The term "direct operational control" as "you" incur, with our prior written consent, as a used herein includes back-up genera- direct result of a "cyber extortion threat", other tors; than"cyber extortion monies". (d) "Programming error" of "delivered pro- R. "Cyber extortion monies" means any funds or grams"; or property which "you" pay, with our prior written (e) Electrostatic build-up and static elec- consent, to a person(s) or entity(ies) reasonably tricity. believed to be responsible for a "cyber extortion threat" "insured" under Coverage Agreement F, for the purpose of terminating such "cyber ex- tortion threat". WN GL 104 03 16 Page 11 of 20 S. "Cyber extortion threat" means a credible threat (9) Disgorgement of any remuneration or finan- or series of related credible threats, including, cial advantage to which "you" were not le- but not limited to, a demand for "cyber extortion gaily entitled; or monies", directed at"you"to: (10) Settlements negotiated without our con- (1) Release, divulge, disseminate, destroy or sent. use the confidential information of a third U. "Data" means any and all information stored, party taken from "you" as a result of"unau recorded, appearing or present in or on an "in- thorized access" to, or "unauthorized use" sured computer system", including, but not lim- of, an"insured computer system"; ited to, information stored, recorded, appearing (2) Introduce "malicious code" into an "insured or present in or on "your" electronic and com- computer system"; puter databases, the "Internet", intranet, extra- (3) Corrupt, damage or destroy an "insured net and related websites, facsimiles, and elec computer system"; tronic mail. (4) Restrict or hinder access to an "insured V. "Defense costs" means reasonable and neces- computer system", including, but not limited sary legal fees, costs and expenses incurred to the threat of a "denial of service attack"; with our consent in the investigation, defense or and appeal of any covered "claim" under Cover- age Agreement A, Coverage Agreement B, (5) Electronically communicate with "your" cus- Coverage Agreement C, or Coverage Agree- tomers and falsely claim to be "you" or to ment I. "Defense costs" do not include any be acting under "your" direction in order to wages, salaries, fees, overhead or other falsely obtain personal confidential informa- charges incurred by, or paid to, any "insured" tion of "your" customers (also known as for any time spent in cooperating in the defense pharming, phishing, or other types of false and investigation of any "claim" or potential communications). "claim" under this Endorsement. "Defense T. "Damages" means the amount of money which costs" do not include salaries of officers and an "insured" is legally obligated to pay as a re- sult of a covered "claim" under Coverage W. "Delivered programs" means programs, applica- Agreement A or Coverage Agreement B, in- tions, and software where the development cluding judgments, legal fees and costs stage has been finalized, having passed all awarded against an "insured" pursuant to such test-runs, and been proven successful in a live judgments, and settlements negotiated with our environment. consent. X. "Denial of service attack" means an event "Damages"do not include: caused by unauthorized or unexpected interfer- ence Taxes; or a malicious attack intended by the per- (1) petrator to overwhelm the capacity of a "corn- (2) Any amount for which an "insured" is ab- puter system" by sending an excessive volume solved from legal responsibility to make of electronic "data" to such "computer system" payment to a third party; in order to prevent authorized access to such (3) Amounts owed under contract; "computer system". Y. "Digital assets" means "data" and "computer (4) "Your" future profits or royalties or any re- programs" that exist in an "insured computer turn, withdrawal, restitution or reduction of system". "Digital assets" do not include "corn- "your" professional fees, profits or other puter hardware". charges; Z. "Digital assets loss" means reasonable and (5) Punitive, liquidated or exemplary damages necessary expenses and costs which "you" in- or the multiplied portion of multiplied dam- cur to replace, recreate, or restore "digital as- ages; sets" to the same state and with the same con- (6) Fines, sanctions or penalties; tents immediately before it was damaged, de- stroyed, altered, misused, or stolen, including (7) Any matters that are deemed uninsurable expenses for materials and machine time. "Digi- under applicable law; tal assets loss" also includes amounts repre- (8) The costs to comply with orders granting in- senting employee work time to replace, recre- junctive or non-monetary relief, including ate, or restore "digital assets", which shall be specific performance or any agreement to determined on a predefined billable hours or provide such relief; per hour basis as based upon "your" schedule of employee billable hours. WN GL 104 03 16 Page 12 of 20 AA. "Electronic media" means floppy disks, CD (1) Avoid or minimize the suspension of "your" ROM's, hard drives, magnetic tapes, magnetic business as a result of a total or partial in- discs, or any other media on which electronic terruption, degradation in service, or failure data is recorded or stored. of an "insured computer system" caused di- rectly by a "covered cause of loss" or an BB. "Endorsement period" means the period of coy- "act of cyber terrorism", which "you" would erage commencing on the effective date, as not have incurred had no"covered cause of specified on page 1 of this Endorsement, and loss" or "act of cyber terrorism" occurred, ending upon the expiration date, as specified on including, but not limited to, the use of rent- page 1 of this Endorsement. Coverage may be ed/leased external equipment, substitution cancelled or otherwise terminated before the of other work or production procedures, use "endorsement period"expiration date. of third party services, or additional staff ex- CC. "Firmware" means the fixed programs that inter- penditures or labor costs; and nally control basic low-level operations in a de- vice. (2) Minimize or avoid a "covered cause of loss" or "act of cyber terrorism" and continue DD. "Government investigation" means a formal in- "your"business. vestigation instituted against an "insured" by The amount of "interruption expenses" re- any federal, state or local government agency coverable under II(1) above shall in no case or authority, the subject matter of which is a exceed the amount by which the covered "security breach"or"privacy breach". "income loss" is reduced by such incurred EE. "Income loss" means financial loss "you" sus- expenses. tain, as determined in accordance with the pro- JJ. "Malicious code" means software intentionally visions of Coverage Agreement E(2) or Cover- Agreement G. designed to insert itself and damage a "corn- ageputer system" without the owner's informed FF. "Insured" means the "named insured" and cur- consent by a variety of forms including, but not rent executive officers, partners, directors, limited to, virus, worm, Trojan horses, spyware, stockholders, trustees, or employees of the dishonest adware, and crimeware. "named insured", but only while such individuals KK. "Multimedia peril" means the release or display are acting within the scope of their duties on of any "electronic media" on "your" "internet" behalf of the"named insured". site or "print media" for which "you" are solely GG. "Insured computer system"means: responsible, which directly results in any of the following: (1) A "computer system" operated by and ei- ther owned by, or leased to, "you"; (1) Any form of defamation or other tort related to the disparagement or harm to the reputa- (2) With respect to Coverage Agreement B on- a "computer system" operated by a tion or character of any person or organiza- ly,"BPO service provider" or "outsourced IT tion, including libel, slander, product dispar- agement,or trade libel, service provider" and used for the sole pur- pose of providing hosted computer applica- (2) Invasion, infringement or interference with tion services to `you" or for processing, an individual's right of privacy including maintaining, hosting, or storing `your" elec- false light, intrusion upon seclusion, corn- tronic "data", pursuant to a written contract mercial misappropriation of name, person, with"you"for such services. or likeness, and public disclosure of private HH."Internet" means the worldwide public network facts; of computers which enables the transmission of (3) Plagiarism, piracy, or misappropriation of electronic "data" between different users, in- ideas under an implied contract; cluding a private communications network ex- isting (4) Infringement of copyright, trademark, trade within a shared or public network plat- form. name, trade dress, title, slogan, service mark or service name; or II. "Interruption expenses" means those expenses, (5) Domain name infringement or improper excluding "special expenses", which "you" incur deep-linking or framing. in accordance with the provisions of Coverage Agreement E(2) or Coverage Agreement G, to: WN GL 104 03 16 Page 13 of 20 LL. "Named insured" means the person or organi- TT. "Period of restoration" means the period of time zation listed as such on the Declarations of the that commences on the date when the interrup- Policy to which this Endorsement attaches. tion, degradation, or failure of an "insured com- MM."Notification" means notification to individuals in puter system"began and ends on the earlier of: the event of a "security breach" or a "privacy (1) The date when the "insured computer sys- breach". tern" is restored or could have been re- paired or restored to the same condition, NN. "Notification expenses" means those reason- functionality, and level of service that ex- able and necessary expenses which "you" in- isted prior to the "covered cause of loss" or cur, with our prior written consent, to notify af- the "act of cyber terrorism" with reasonable fected individuals in the event of a "security diligence, plus up to thirty (30) additional breach" or "privacy breach", whether or not consecutive days after the restoration of there is a specific legal requirement to do so. the "insured computer system" to allow for "Notification expenses" include, but are not lim- restoration of"your"business; or ited to: (2) One hundred and twenty (120) consecutive (1) Legal expenses; days after the notice of "covered cause of (2) Computer forensic and investigation fees; loss" or "act cyber of terrorism" is received (3) Public relations expenses; by us. (4) Postage expenses; and UU. "Print media" means newspapers, newsletters, magazines, books, and literary works in any (5) Related advertising expenses. form, brochures or other types of publications, and advertising materials, including packaging, 00. "Operational programs" means programs and photographs, and digital images. software which are ready for operational use, having been fully developed, tested, and ac- VV. "Privacy breach" means any of the below, cepted by"you". whether actual or alleged, but only if committed or allegedly committed by an "insured" or by PP. "Outsourced IT service provider" means a third others acting on "your" behalf for whom "you" party independent contractor that provides in- are legally responsible, including "BPO service formation technology services for "your" benefit providers" and "outsourced IT service pro- under a written contract with "you". "Out- viders": sourced IT service provider" services include, but are not limited to, hosting, security manage- (1) A common law breach of confidentiality, in- ment, co-location, and"data"storage. fringement, or violation of any right to pri- vacy, including, but not limited to, a breach QQ. "PCI Data Security Standards" (known as "PCI of"your" privacy policy, false light, intrusion DSS") means the published data security upon a person's seclusion, commercial mis- standards in effect now, or as hereafter appropriation of name, person, or likeness, amended, which all merchants and processors or public disclosure of a person's private in- must follow when storing, processing and trans- formation; or mitting cardholder data. fine (2) Any breach of privacy regulations, as they RR. "PCI DSS assessment" means a monetary currently exist and as amended, associated or penalty assessed against an "insured" by an with the confidentiality, access, control, and "acquiring bank" or "card association" as a re- use of personally identifiable, non-public in- sult of a"security breach"or"privacy breach". formation, including, but not limited to: SS. "Period of indemnity" means the period corn- (a) Health Insurance Portability and Ac- mencing with the earlier of the date of"notifica- countability Act of 1996 (Public Law tion" or the first publication of an "adverse me- 104- 191), known as HIPAA, and re- dia report" (whichever applies), and ending on lated state medical privacy laws; the earlier of: (1) the date that gross revenues are restored to the level they had been prior to (b) Gramm-Leach-Bliley Act of 1999 "notification" or the first "adverse media report" (G-L-B), also known as the Financial (whichever applies); or (2) One hundred and Services Modernization Act of 1999; eighty (180) consecutive days after the notice of "claim" under Coverage Agreement H is re- ceived by us. WN GL 104 03 16 Page 14 of 20 (c) State and federal statutes and regula- AAA. "Regulatory compensatory award" means a tions regarding the security and privacy sum of money which an "insured" is legally obli- of consumer information; gated to pay as an award or fund for affected (d) Governmental privacy protection regu individuals, including a regulatory agency's lations or laws associated with the con- monetary award to a third party, due to an ad- trol and use of personal information; verse judgment or settlement arising out of a "government investigation". Regulatory corn- (e) Privacy provisions of consumer protec- pensatory award does not include a criminal tion laws, including the Federal Fair penalty or fine issued by a regulatory agency of Credit Reporting Act (FCRA) and simi- any kind, including federal, state, or local gov- lar state laws; ernmental agencies. (f) The Health Information Technology for BBB. "Regulatory fines and penalties" means any civil Economic and Clinical Health Act ("HI- fines and penalties imposed against an "in- TECH"), Title XIII of the American Re- sured" as a result of a "government investiga- covery and Reinvestment Act ("ARRA") tion". of 2009. CCC. "Reputation" means the estimation of trust that A series of continuing "privacy breaches" or patients, customers or clients have in doing related or repeated "privacy breaches" will business with "you" or in purchasing "your" be considered a single "privacy breach" and products or services. will be deemed to have occurred when the first of such"privacy breaches"occurred. DDD. "Retroactive date" means the date specified as such on the Cyber Liability Endorsement Sup- WW."Privacy breach response costs" means those plemental Declarations, on or after which any reasonable and necessary fees and expenses "multimedia peril", "security and privacy wrong- which "you" incur, with our prior written consent, ful act", "security breach", "privacy breach", for the employment of a public relations consul- "covered cause of loss", "cyber extortion tant, prior to, or following, the publication of an threat", "act of cyber terrorism", or "adverse "adverse media report", if"you" reasonably con- media report" must have taken place in order to sider such action is necessary in order to avert be considered for coverage under this Endorse- or mitigate any actual or potential material dam- ment. age to `your" reputation or brands, which re- sults or reasonably will result from the "adverse EEE. "Security and privacy wrongful act" means any media report". of the following acts, whether actual or alleged, but only if committed or allegedly committed by XX. "Programming error" means an error which oc- an"insured": curs during the development or encoding of a computer program, software, or application, (1) Failure to prevent or hinder a "security which would, when in operation, result in a mal breach"that in turn results in: function or incorrect operation of a "computer (a) The alteration, copying, corruption, de- system". struction, deletion, or damage to elec- YY. "Property damage" means injury to tangible tronic "data" stored on an "insured com- property, including all resulting loss of use of puter system"; that property, and loss of use of tangible prop- (b) Theft, loss or unauthorized disclosure erty that is not physically injured. "Data" is not electronic and non-electronic confiden- considered tangible property. tial commercial, corporate, personally ZZ. "Public relations expenses" means reasonable identifiable, or private information that and necessary expenses incurred by "you" to is in"your care, custody or control; re-establish "your" "reputation" which was dam- (c) Theft, loss, or unauthorized disclosure aged as a direct result of an "adverse media re- of electronic and non-electronic confi- port". dential commercial, corporate, person- ally identifiable, or private information that is in the care, custody or control of a "BPO service provider" or "out- sourced IT service provider" that is holding, processing, or transferring such information on "your" behalf; pro- vided, however, that the theft, loss or unauthorized disclosure occurs while "your" written contract with such "BPO service provider" or "outsourced IT service provider"is in effect; or WN GL 104 03 16 Page 15 of 20 (d) "Unauthorized use" of, or "unauthorized GGG. "Special expenses" means reason- access" to, a "computer system" other able and necessary costs and ex- than an"insured computer system". penses which"you" incur to: (2) Failure to timely disclose a "security (1) Prevent, preserve, minimize, or breach" affecting personally identifiable, mitigate any further damage to nonpublic information or the failure to dis- "digital assets", including the pose of personally identifiable, nonpublic in- reasonable and necessary fees formation within the required time period, in and expenses of specialists, out- violation of privacy regulations in effect now side consultants, or forensic ex- or in the future; perts"you"retain; (3) Failure to prevent the transmission of"mali- (2) Preserve critical evidence of any cious code" or "computer virus"from an "in- criminal or malicious wrong- sured computer system" to the "computer doing; system"of a third party; (3) Purchase replacement licenses (4) A"privacy breach"; for "computer programs" sys- (5) be- Failure to prevent or hinder participation by cause the copy protection soft- an "insured computer system" in a "denial tem and/or access control of service attack" directed against Internet" by was damaged or destroyed sites or the "computer system" of any third a a "covered causeof loss" or party; or an"act of cyber terrorism"; or (6) (4) Notify customers of a total or Loss of employee information. partial interruption, degradation FFF. "Security breach" means: in service, or failure of an "in- sured computer system" result- (1) "Unauthorized access" to, or "unauthorized ing from a "covered cause of use" of, an "insured computer system", in- loss" or an "act of cyber terror- cluding "unauthorized access" or"unauthor- ism". ized use" resulting from the theft of a pass- word from an "insured computer system" or HHH. "Unauthorized access" means the from any"insured"; gaining of access to a "computer (2) A "denial of service attack" against an "in- system" by an unauthorized person sured computer system"; or or persons. III. "Unauthorized use" means the use of (3) Infection of an "insured computer system" a "computer system" by unauthor- by "malicious code" or the transmission of ized persons or authorized persons "malicious code" from an "insured computer in an unauthorized manner. system", whether any of the foregoing is a specifically JJJ. "Waiting period"means: targeted attack or a generally distributed attack. (1) With respect to Coverage A series of continuing "security breaches", re- Agreement E(2) and Coverage lated or repeated "security breaches", or multi- Agreement G, the eight (8) hour ple "security breaches" resulting from a continu- period which must elapse before ing failure of computer security will be consid- "income loss", "interruption ex- ered a single "security breach" and will be penses" and/or "special ex- deemed to have occurred when the first of such penses" may be payable. The "security breaches"occurred. "waiting period" applies to each "period of restoration". (2) With respect to Coverage Agreement H, the two week pe- riod which must elapse after "notification", or in the event of an "adverse media report', after publication of the first "adverse media report", before "brand loss" may be payable. The "waiting period" applies to each "period of indemnity". KKK. "You" and "your" means the "named insured". WN GL 104 03 16 Page 16 of 20 SECTION VI—NOTICE PROVISIONS SECTION VII —LOSS DETERMINATION A. NOTICE OF A CLAIM A. LOSS OF DIGITAL ASSETS (1) As a condition precedent to coverage under For any and all coverage provided under Cover- Coverage Agreement A, B, C or I, the "in age Agreement E(1), `digital assets loss"will be sured" must give us written notice of any determined as follows: "claim" made against the "insured" no later (1) If the impacted "digital asset" was pur- than sixty (60) days after the "claim" is first chased from a third party, we will pay only made against the"insured". the lesser of the original purchase price of the "digital asset" or the reasonable and (2) As a condition precedent to coverage under necessary"digital assets loss". Coverage Agreement D, E, F, G or H, "you" must give us written notice of `your" "claim" (2) If it is determined that the "digital assets" during the "endorsement period", but no lat- cannot be replaced, restored or recreated, er than sixty (60) days from the date any then we will only reimburse the actual and "insured" first discovers the event or inci- necessary "digital assets loss" incurred up dent giving rise to such"claim". to such determination. (3) "You" must provide us with copies of all B. NON-PHYSICAL BUSINESS INTERRUPTION documentation comprising the "claim" as AND EXTRA EXPENSE AND CYBER TER- well as any authorization, cooperation, or RORISM assistance as we may require. For any and all coverage provided under Cover- (4) We will not be obligated to pay any age Agreement E(2) or Coverage Agreement amounts incurred prior to notification of a G, "income loss" will be determined as the re- "claim" to us or amounts incurred without duction of `your" income during the "period of our prior written consent. restoration", which is: B. NOTICE OF A POTENTIAL CLAIM (1) "Your" net income (net profit or loss before income taxes) that would have been rea- If, during the "endorsement period", any "in- sonably projected, but which has been lost sured" first becomes aware of any facts or cir- directly as a result of a total or partial inter- cumstances which could give rise to a "claim" ruption, degradation in service or failure of covered under this Endorsement, and if the "in- an "insured computer system" caused di- sured" provides us with written notice during the rectly by a "covered cause of loss" or an "endorsement period" of: "act of cyber terrorism", whichever applies. (1) The details regarding such facts or circum- The revenue projection will take into ac- stances; count the prior experience of `your" busi- ness preceding the date of the "covered (2) The nature of the loss incurred; cause of loss" or the "act of cyber terror- (3) The identity of the potential claimant(s) in- ism" and the probable experience had no volved; "covered cause of loss" or"act of cyber ter- rorism" occurred. Revenues include the (4) The manner in which the "insured" first be- amount of money paid or payable to "you" came aware of the facts or circumstances; for goods, products or services sold, deliv- and ered or rendered in the normal course of (5) The consequences which have resulted or "your" business. Revenue projection will be may result, reduced by the extent to which "you" use substitute methods, facilities or personnel then any "claim" subsequently made arising out to maintain `your" revenue stream. We will of such reported facts or circumstances will be take into consideration "your" documenta- deemed to be a "claim" first made on the date tion of the trends in "your" business and notice complying with the foregoing require- variations in, or other circumstances affect- ments was first received by us. ing, `your" business before or after the "covered cause of loss" or the "act of cyber terrorism", which would have affected "your" business had no "covered cause of loss" or "act of cyber terrorism" occurred; and WN GL 104 03 16 Page 17 of 20 (2) Any fixed operating expenses (including or- SECTION VIII — EXTENDED REPORTING dinary payroll) incurred, but only to the ex- PERIOD tent that such operating expenses must A. AUTOMATIC EXTENDED REPORTING continue during the"period of restoration". PERIOD C. BRANDGUARD (1) In the event of non-renewal or termination The revenue projection required to calculate of this Policy for any reason other than "brand loss" will take into account the prior ex- non-payment of premium, we will provide perience of "your" business preceding the date an Automatic Extended Reporting Period of of the "adverse media report" or "notification", sixty (60) days in which "claims" otherwise whichever applies, and the probable experi- covered by this Endorsement may be re- ence had no "adverse media report' been pub- ported. Such Automatic Extended Report- lished or "notification" occurred. Revenues in- ing Period will commence immediately upon clude the amount of money paid or payable to termination or expiration of this Policy and "you" for goods, products or services sold, de- will apply to: livered or rendered in the normal course of "your" business. Revenue projection will be re- (a) A "claim" under Coverage Agreement duced by the extent to which "you" use substi- A, B, C, or I which: tute methods, facilities, or personnel to main- (i) Arises out of an actual or alleged tain its revenue stream. We will take into con- "multimedia peril", "security and pri- sideration `your" documentation of the trends in vacy wrongful act", "security "your" business and variations in, or other cir- breach" or "privacy breach", which- cumstances affecting, "your" business before ever applies, that takes place or or after the "adverse media report" or "notifica- first commences on or after the tion", which would have affected "your" busi- "retroactive date", but prior to the ness had no "adverse media report" been pub- expiration or termination of the Poli- lished or"notification" occurred. Any fixed oper- cy; and ating expenses (including ordinary payroll) in- curred will be considered in calculating "brand (ii) Is first made against an "insured" loss", but only to the extent that such operating during the "endorsement period", expenses must continue during the "period of but prior to the Policy termination or indemnity". expiration date; and (iii) Is reported in writing to us during the Automatic Extended Reporting Period. (b) A "claim" under Coverage Agreement D, E, F, G, or H which: (i) Arises out of an "adverse media re- port", "security breach", "privacy breach", "covered cause of loss", "cyber extortion threat" or "act of cyber terrorism", whichever applies, that takes place or first commences on or after the "retroactive date", but prior to the expiration or termi- nation of the Policy; and (ii) Is reported in writing to us during the Automatic Extended Reporting Period. WN GL 104 03 16 Page 18 of 20 B. SUPPLEMENTAL EXTENDED REPORTING (ii) Is reported in writing to us during PERIOD the supplemental extended report- (1) "You" shall have the option, upon payment ing period and no later than sixty of the required additional premium, to pur (60) days from the date any "in chase a Supplemental Extended Reporting sured" discovers the "adverse me- Period of twelve (12) months following the dia report", "security breach", "pri- effective date of termination of coverage. vacy breach", "covered cause of The Supplemental Extended Reporting Pe- loss", "cyber extortion threat" or nod will extend the time during which "act of cyber terrorism", whichever "claims" otherwise covered by this Endorse- applies. ment may be made and reported. If the (2) The right to purchase the Supplemental Ex- Supplemental Extended Reporting Period is tended Reporting Period shall terminate un- purchased, the Automatic Extended Re- less written notice of such election, togeth- porting Period will be included within the er with full payment of the required addi- Supplemental Extended Reporting Period. tional premium due, is received by us no Such Supplemental Extended Reporting later than sixty (60) days after the effective Period will apply only to: date of non-renewal or termination of this (a) Any"claim" under Coverage Agreement Policy. A, B, C, or I which: (3) The additional premium for the Supplemen- (i) Arises out of an actual or alleged tal oExtended Reporting Period shall be "multimedia peril", "security and pri 100/o of the annual premium for the Cyber vacy wrongful act", "security Liability coverage in effect on the date the breach" or "privacy breach", which policy was issued or last renewed. ever applies, that takes place or (4) If "you" do not elect to purchase a Supple- first commences on or after the mental Extended Reporting Period, then "retroactive date", but prior to the coverage under this Endorsement will ter- expiration or termination of the Poli- minate at the end of the Automatic Ex- cy; and tended Reporting Period. If "you" elect to (ii) Is first made against an "insured" purchase a Supplemental Extended Re- during the supplemental extended porting Period, coverage will terminate at reporting period; and the end of the Supplemental Extended Re- porting Period. (iii) Is reported in writing to us no later sixty (60) days after the (5) Once in effect, the Supplemental Extended thanclaim" is first made against an "in- Reporting Period may not be canceled, and sured". the entire premium will be deemed fully earned. We will not be liable to return any (b) Any"claim" under Coverage Agreement portion of the premium to "you" for such D, E, F, G, or H which: Supplemental Extended Reporting Period. (i) Arises out of an "adverse media re- If"you" have not paid the required addition- port", "security breach", "privacy al premium for the Supplemental Extended Sup- breach", "covered cause of loss", Reporting Period when due, then such elemental Extended Reporting Period shall "cyber extortion threat" or "act of be void. cyber terrorism", whichever applies, that takes place or first commences C. All terms and conditions of this Endorsement, on or after the "retroactive date", including the limits of liability, will continue to but prior to the expiration or termi- apply during any extended reporting period. nation of the Policy; and D. The existence of any extended reporting period will not increase or reinstate the limits of liability set forth in the Schedule. WN GL 104 03 16 Page 19 of 20 SECTION IX—OTHER INSURANCE SECTION X—ARBITRATION A. The coverage provided by this Endorsement Notwithstanding any other provision of this En- will be excess insurance over any other valid dorsement or the Policy, any irreconcilable dispute and collectible insurance available, including between us and an "insured" may be submitted to any self"insured" retention or deductible portion arbitration in accordance with the then current rules thereof, whether such insurance is stated to be of the American Arbitration Association, except that primary, pro rata, contributory, excess, contin- the arbitration panel shall consist of one arbitrator gent or otherwise, unless such insurance spe- selected by the "insured," one arbitrator selected by cifically applies as excess insurance over the us, and a third independent arbitrator selected by insurance provided under this Endorsement. the first two arbitrators. Both parties must mutually B. When both this insurance and other insurance agree to arbitration. Arbitration shall take place in apply to a "claim" on the same basis, we shall the county in which the "insured" resides. Judgment not be liable under this Endorsement for a upon the award may be entered in any court having greater proportion of the "claim" than stated in jurisdiction. The arbitrator has the power to decide the following applicable contribution provision: any dispute between us and the "insured" concern- ing the application or interpretation of this Endorse- (1) Contribution by Equal Shares ment. However, the arbitrator shall have no power If all of such other valid and collectible in- to change or add to the provisions of this Endorse- ment. The "insured" and us will share equally in the surance provides for contribution by equal cost of arbitration. shares, we shall not be liable for a greater proportion of such "claim" than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid, the remaining insurers then continue to contribute equal shares of the remaining amount of the "claim" until each such insurer has paid its limit in full or the full amount of the"claim"is paid. (2) Contribution by Limits If any of such other insurance does not pro- vide for contribution by equal shares, we shall not be liable for a greater proportion of such "claim" than the limit of liability under this Endorsement bears to the total applica- ble limit of liability of all valid and collective insurance against such"claim". WN GL 104 03 16 Page 20 of 20 COMMERCIAL GENERAL LIABILITY WN GL 145 12 18 Cyber Crime Coverage Endorsement — Washington This Endorsement modifies insurance provided under the following: CYBER LIABILITY INSURANCE ENDORSEMENT In consideration of the premium charged, it is understood and agreed that `your" Cyber Liability Insurance is amended to include Cyber Crime Coverage, subject to the terms and conditions set forth below. The Cyber Crime Coverage is provided on an Event Discovered and Reported basis. The terms, conditions, exclusions, and limits of liability set forth below apply to Cyber Crime Coverage only. All other terms, conditions and exclusions of the Cyber Liability Insurance Endorsement remain unchanged and apply in full force and effect unless this Endorsement states otherwise. CYBER CRIME COVERAGE SCHEDULE Sub-Limit Effective Date: Information required to complete this Schedule, if not shown above, will be shown in the Cyber Liability Endorsement Supplemental Declarations. The sub-limit shown above shall be part of, and will reduce, the Aggregate Limit shown in the Cyber Liability Endorsement Supplemental Declarations. CYBER CRIME COVERAGE TERMS AND CONDITIONS Various terms and conditions in this Endorsement restrict coverage. Read the entire Endorsement carefully to determine"your"rights and duties, and what is and is not covered. SECTION I—CYBER CRIME COVERAGE AGREEMENTS The coverage provided by this Endorsement shall be subject to the following Coverage Agreements: A. Financial Fraud Coverage Subject to the sub-limit shown in the Cyber Crime Coverage Schedule, we will reimburse "you" for the "financial fraud loss"that"you" incur because of"financial fraud", provided that: (1) Such"financial fraud" takes place or first commences during the"endorsement period"; (2) "You" report the "financial fraud" in writing to us no later than sixty (60) days after expiration of the "endorsement period"; and (3) "Your" bank or credit card company has refused to reverse or prevent a payment transaction, or to indemnify or reimburse "you" for the "financial fraud loss", and "you" provide written confirmation to us of such refusal. B. Telecommunications Fraud Coverage Subject to the sub-limit shown in the Cyber Crime Coverage Schedule, we will reimburse "you" for the "telecommunications fraud loss"that"you" incur because of"telecommunications fraud", provided that: (1) Such"telecommunications fraud" takes place or first commences during the"endorsement period"; and (2) You report the "telecommunications fraud" in writing to us no later than sixty (60) days after expiration of the"endorsement period". WN GL 14512 18 Page 1 of 4 C. Phishing Attack Coverage Subject to the sub-limit shown in the Cyber Crime Coverage Schedule, we will reimburse "you"for the "phishing attack loss"that"you" incur because of a"phishing attack", provided that: (1) Such"phishing attack" takes place or first commences during the"endorsement period"; and (2) "You" report the "phishing attack" in writing to us no later than sixty (60) days after expiration of the "endorsement period". SECTION II—CYBER CRIME COVERAGE LIMITS OF LIABILITY A. The Cyber Crime Coverage Sublimit shown in the Cyber Crime Coverage Schedule is the most we will pay for each "cyber crime claim" reported during the "endorsement period", and in the aggregate for all "cyber crime claims" reported during the "endorsement period" under all Cyber Crime Coverage Agreements combined, regardless of the number of"insureds". B. The Cyber Crime Coverage Sub-limit is included within, and will reduce, the Aggregate Limit shown in the Cyber Liability Endorsement Supplemental Declarations. C. We will have no obligation to pay, or to continue to pay, any "cyber crime claim" after exhaustion of the Cyber Crime Coverage Sub-limit or exhaustion of the Aggregate Limit shown in the Cyber Liability Endorsement Supplemental Declarations,whichever occurs first. D. All "cyber crime claims" which arise out of the same, related, or continuing events, incidents, acts, facts or circumstances will be considered a single "cyber crime claim", regardless of the number of"cyber crime claims" or"insureds" involved or affected. All "cyber crime claims" which arise out of the same, related, or continuing events, incidents, acts, facts or circumstances will be deemed to have been first reported to us on the date the earliest of such"cyber crime claims" is first reported to us in writing. E. If this Endorsement and any other Coverage Agreement of the Cyber Liability Insurance Endorsement apply to a "cyber crime claim", then the total maximum amount available for the loss "you" incur, from all applicable Coverage Agreements, will not exceed the single largest applicable limit of liability, provided that the total amount we will pay for "financial fraud loss", "telecommunications fraud loss", and/or "phishing attack loss" will never exceed the Cyber Crime Coverage Sub-limit. F. The existence of any extended reporting period will not increase or reinstate the Cyber Crime Coverage Sub-limit. SECTION III—CYBER CRIME COVERAGE DEFINITIONS With respect to the coverage provided by this Endorsement, certain words are shown in quotation marks and are defined as follows. Refer to Section V— DEFINITIONS of the Cyber Liability Insurance Endorsement for terms that are shown in quotation marks in this Endorsement, but are not defined below. A. "Cyber crime claim"means: (1) With respect to Cyber Crime Coverage Agreement A (Financial Fraud), written notice to us of "financial fraud"; and (2) With respect to Cyber Crime Coverage Agreement B (Telecommunications Fraud), written notice to us of "telecommunications fraud"; and (3) With respect to Cyber Crime Coverage Agreement C (Phishing Attack), written notice to us of a "phishing attack". B. "Cyber crime event" means: (1) With respect to Cyber Crime Coverage Agreement A(Financial Fraud), "financial fraud"; (2) With respect to Cyber Crime Coverage Agreement B (Telecommunications Fraud), "telecommunications fraud"; and (3) With respect to Cyber Crime Coverage Agreement C (Phishing Attack), a"phishing attack". WN GL 145 1218 Page 2 of 4 C. "Endorsement period" means the period of coverage beginning on the effective date of this Endorsement and ending on the expiration date of the Cyber Liability Coverage Period, as shown in the Cyber Liability Endorsement Supplemental Declarations. Coverage may be cancelled or otherwise terminated before the expiration date. D. "Financial fraud" means any of the following: (1) An intentional, unauthorized and fraudulent written, electronic or telephonic instruction transmitted to a financial institution, directing such institution to debit "your" account and to transfer, pay or deliver "money" or "securities" from `your" account, which instruction purports to have been transmitted by "you" or "your" employee, but was in fact fraudulently transmitted by a"third party" without"your" knowledge or consent; or (2) An intentional, unauthorized and fraudulent written, electronic or telephonic instruction transmitted to a financial institution by "your" employee as the result of that employee receiving intentionally misleading or deceptive telephonic or electronic communications from a "third party" falsely purporting to be "you" or "your" client, vendor, or employee, and which directs the financial institution to debit "your" account and to transfer, pay or deliver"money"or"securities"from "your" account; or (3) The theft of"money"or"securities"from `your"bank account or corporate credit cards by electronic means. E. "Financial fraud loss" means `your" loss of"money" or "securities" which is directly caused by "financial fraud". "Financial fraud loss"does not include any amounts reimbursed to"you" by any financial institution. F. "Insured telecommunications system" means any telephone or fax network or system that "you" own, rent, lease, license, or borrow. G. "Money" means a medium of exchange in current use and authorized or adopted by a domestic or foreign government, including, but not limited to, currency, coins, bank notes, bullion, travelers' checks, registered checks and money orders held for sale to the public. H. "Other property" means any tangible property, other than"money"or"securities", which has intrinsic value. I. "Personally identifiable information" means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. J. "Phishing attack" means the use of fraudulent electronic communications or malicious websites to impersonate "you" or any of"your" products or services to solicit personal or confidential information. K. "Phishing attack loss"means: (1) Expenses incurred by `you", with our prior written consent, to create and issue a specific press release or to establish a specific website to advise customers and prospective customers of a"phishing attack"; and (2) The cost of reimbursing "your" existing customers for their financial losses arising directly from a "phishing attack". L. "Securities" means negotiable or non-negotiable instruments or contracts representing "money" or "other property", but does not include"money". M. "Telecommunications fraud" means the intentional, unauthorized and fraudulent gaining of access to outgoing telephone service through infiltration and manipulation of an"insured telecommunications system". N. "Telecommunications fraud loss" means the charges incurred by "you" for unauthorized calls directly resulting from"telecommunications fraud". O. "Third party" means any person or entity who does not qualify as an "insured" under the Cyber Liability Insurance Endorsement. WN GL 145 12 18 Page 3 of 4 SECTION IV—CYBER CRIME EXCLUSIONS The EXCLUSIONS section of the Cyber Liability Insurance Endorsement (SECTION III) applies to the coverage provided under this Endorsement. In addition, we will not pay for any"cyber crime claim": A. Based upon, arising out of, resulting from, in consequence of, or in any way involving any actual or alleged unauthorized acquisition, access, use or disclosure of "personally identifiable information" or confidential corporate information that is held or transmitted in any form. This exclusion will not apply to `financial fraud" directly resulting from the use of such"personally identifiable information"or confidential corporate information. B. Based upon, arising out of, resulting from, in consequence of, or in any way involving any seizure, confiscation, nationalization or destruction of an "insured telecommunications system" by order of any governmental or public authority. C. Based upon, arising out of, resulting from, in consequence of, or in any way involving any "cyber crime event" of which any"insured' had knowledge prior to the"endorsement period". D. For amounts that have been wholly or partially reversed by a credit card company or financial institution. E. With respect to Cyber Crime Coverage Agreement A (Financial Fraud) only: (1) Based upon, arising out of, resulting from, in consequence of, or in any way involving any fraudulent instruction if the sender, or any person or organization acting in collusion with the sender, ever had authorized access to "your" password, PIN or other security code. This exclusion will not apply to a fraudulent instruction transmitted by "your" employee, if the fraudulent instruction was transmitted by"your" employee because that employee received intentionally misleading or deceptive telephonic or electronic communications from a"third party" falsely purporting to be"you" or"your" client,vendor, or employee. (2) Based upon, arising out of, resulting from, in consequence of, or in any way involving the giving or surrendering of"money", "securities"or"other property"in any exchange for, or purchase of: i. Goods, products or services not yet delivered, whether or not fraudulent; or ii. Good, products, or services that fail to conform to advertised quality or performance, or quality or performance expected from the standpoint of the"Insured". (3) Based upon, arising out of, or in any way involving potential income, including interest and dividends, not realized by an"insured" or"your" customers. SECTION V—CYBER CRIME COVERAGE NOTICE PROVISIONS As a condition precedent to coverage under this Endorsement, "you" must give us written notice of any "cyber crime event" no later than sixty (60) days after expiration of the "endorsement period". A"cyber crime claim" under this Endorsement will be deemed to be first reported when such written report is received by us. SECTION VI—ADDITIONAL AMENDMENTS SPECIFIC TO THIS ENDORSEMENT A. It is agreed that the definition of "claim" in Section V — DEFINITIONS of the Cyber Liability Insurance Endorsement is amended to include a"cyber crime claim". B. The following provisions are added to Section VIII — EXTENDED REPORTING PERIOD of the Cyber Liability Insurance Endorsement: a. The 60-day Automatic Extended Reporting Period, if in effect, will apply to any "cyber crime event" that takes place or first commences during the "endorsement period", but prior to the expiration or termination of the Policy, and is reported in writing to us during the Automatic Extended Reporting Period. b. The Supplemental Extended Reporting Period, if purchased, will apply to any "cyber crime event" that takes place or first commences during the Supplemental Extended Reporting Period and is reported in writing to us during the Supplemental Extended Reporting Period, but no later than sixty (60) days from the date any"insured"discovers the"cyber crime event". ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE CYBER LIABILITY INSURANCE ENDORSEMENT AND YOUR POLICY REMAIN THE SAME. WN GL 145 12 18 Page 4 of 4 COMMERCIAL GENERAL LIABILITY CGMU4311220 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - AMMUNITION OR FIREWORKS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverages, Coverage A — Bodily Injury And Property Damage Liability, Paragraph 2. Exclusions of Section I — Coverages — Coverage B — Per- sonal And Advertising Injury Liability and Paragraph 2. Exclusions of Section I — Coverages — Coverage C — Medical Payments: This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" or medical expenses arising directly or indirectly out of the purchasing, selling, manufacturing, storage, han- dling, or igniting of any and all ammunitions or explosive devices including "fireworks", "dangerous fire- works", or "sparkling devices" regardless of whether such operations are conducted by you or on your be- half or whether the operations are conducted for you or for others. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured if the "occurrence" which caused the "bodily injury", "property damage", "personal and advertising injury" or medical expenses in- volved that which is described in the paragraph above. For the purpose of this endorsement, the following definitions apply: "Fireworks" means any combustible or exploding device for producing a striking display of light or loud noise, or any pyrotechnic display including but not limited to entertainment display fireworks, articles of py- rotechnic, special effects, consumer fireworks, blank cartridges, and "sparkling devices". "Dangerous fireworks" means any "fireworks" capable of causing serious physical injury and are firecrack- ers containing more than fifty (50) milligrams of any explosive substance, torpedoes, skyrockets, and rock- ets, roman candles, and bombs. "Sparkling devices" means any ground-based or hand-held device that produce a shower of white, gold, or colored sparks, a colored flame, an audible crackling or whistle, or smoke as their primary pyrotechnic ef- fect. CG MU 431 12 20 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY CG MU 448 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCESS PROVISION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 4. Other Insurance of Conditions (Section IV) is replaced by the following: The coverage afforded under this Coverage Part will be excess over any other valid and collectible insurance whether that insurance is primary, excess, contingent or on any other basis. CG MU 448 01 17 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY CG MU 505 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - TRAMPOLINES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverages, Coverage A — Bodily Injury and Property Damage Liability, Paragraph 2. Exclusions of Section I - Coverage B — Personal and Ad- vertising Injury Liability and Paragraph 2. Exclusions of Coverage C — Medical Payments: This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" or medical expenses arising out of the ownership, maintenance or use of a trampoline or springboard. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured if the "occurrence" which caused the "bodily injury", "property damage", "personal and advertising injury" or medical expenses in- volved that which is described in paragraph above. CG MU 505 12 20 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY CG MU 588 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -MECHANICALLY OPERATED AMUSEMENT DEVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverages, Coverage A — Bodily Injury and Property Damage Liability, Paragraph 2. Exclusions of Section I - Coverage B — Personal and Ad- vertising Injury Liability and Paragraph 2. Exclusions of Coverage C — Medical Payments: This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" or medical expenses arising out of the ownership, operation, maintenance or use of any mechanically operated amusement device. For purposes of this endorsement, a mechanically operated amusement device includes but is not limited to any mechanically operated device a person rides for enjoyment. This includes a ski tow or tow when used in connection with a water slide, or bungee operation or equipment. Mechanically operated amusement device does not include any video arcade or computer game. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured if the "occurrence" which caused the "bodily injury", "property damage", "personal and advertising injury" or medical expenses in- volved that which is described in paragraph above. CG MU 588 12 20 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY CG MU 1078 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SPECIALTY SOLUTIONS ENHANCEMENT This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG 00 01) SUMMARY OF COVERAGES Description Limit Of Insurance Abduction $50,000 per Abduction/$50,000 Aggregate/$1,000 deductible Additional Insured - Broad Form Vendors Included Additional Insured - Lessor Of Leased Equipment Included Additional Insured - Managers Or Lessors Of Premises Included Additional Insured - State Or Political Subdivisions - Permits Included Additional Insureds By Written Contract Included Broad Form Property Damage $25,000 Per Occurrence Broad Knowledge/Notice Of Occurrence Included Damage To Premises Rented To You $300,000 Any One Premises Designated Location(s) - General Aggregate Limit Included Employee Bodily Injury To A Co-Employee Included Insured Contract Amended Included Medical And Dental Payments $10,000 Medical Expense Limit Mobile Equipment Included Non-Owned Watercraft 51 Feet Occupational License Review Expense $2,500 Per Review/$5,000 Aggregate Property Damage Liability - Borrowed Equipment $25,000 Occurrence/$50,000 Aggregate Property Damage Liability - Elevator And Sidetrack Agreement Included Supplementary Payments Increased Limits Bail Bonds $2,500 Loss Of Earnings Per Day $1,000 Unintentional Failure To Disclose Hazards Included Waiver Of Transfer Of Rights Of Recovery Against Others To Us Included CG MU 1078 12 20 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. The terms and conditions of this policy are amended as indicated below: I. Non-Owned Watercraft SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Exclusion 2.g.(2) is revised as follows: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your expressed or implied consent, either uses or is re- sponsible for the use of the watercraft. This provision does not apply if the insured has any other insurance for "bodily injury" or "property damage" liability that would also be covered under this provision, whether the other insurance is pri- mary, excess, contingent or on any other basis. In that case, this provision does not provide any insur- ance. II. Damage To Premises Rented To You Under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, the last paragraph of 2. is deleted and replaced with the following: Exclusions c. through n. do not apply to "Property Damage" to the premises while rented to you or tem- porarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage which is the greater of: 1. The Damage To Premises Rented To You Limit for Each Occurrence shown in the Declarations; or 2. $300,000 Under Section III — LIMITS OF INSURANCE, paragraph 6. does not apply. III. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A & B, are revised as fol- lows: 1. In paragraph 2., the limit of $250 for bail bonds is increased to $2,500. 2. In paragraph 4., the limit of $250 for daily loss of earnings is increased to $1,000. IV. Medical And Dental Payments Under SECTION I — COVERAGES, COVERAGE C. MEDICAL PAYMENTS, if COVERAGE C. MEDICAL PAYMENTS, is not otherwise excluded from this Coverage Part: 1. The Medical Payments Limit is changed to the greater of: a. $10,000; or b. The Medical Expenses Limit shown in the Declarations of this Coverage Part. 2. The provision, in C.1.a.(2) that the expenses must be incurred and reported to us within one year of the date of the accident, is increased to three years. V. Broad Form Property Damage Under SECTION I — COVERAGE A, Exclusion 2.j. is amended as follows: 1. Paragraph (3) does not apply. 2. Paragraphs (4) and (6) do not apply to customer's property at your described premises. We do not cover any property: 1. Subject to motor vehicle registration; or 2. While being used to perform construction operations. Our limit for any one "occurrence" under this coverage provision is $25,000. The insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. CG MU 1078 12 20 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. VI. Occupational License Review Expense The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the per review and annual aggregate limits of insurance stated in this endorsement, we agree to pay the "insured" for reasonable and necessary covered expenses, as listed below, incurred and paid by the "insured" as a direct result of a "occupational license review", conducted by a gov- ernmental bureau, board, commission or department, occurring during the policy period and in the "coverage territory". a. Covered Expenses include: (1) Fees and expenses of any licensed independent investigative services or legal counsel, hired by the "insured" for the purpose of assisting or representing the "insured" at the "occupa- tional license review"; and (2) Costs of travel, accommodations, and meals incurred by the "insured" in order to appear be- fore the governmental bureau, board, commission or department. b. Exclusions This coverage will not pay for: (1) Hearing fees; or (2) Fines, judgments, lawsuits, or settlement amounts as the result of or in conjunction with the "occupational license review"; or (3) Expense(s) directly or indirectly caused or resulting from the fraudulent, dishonest, or crimi- nal acts of the "insured", any director or officer of the "insured", or agents thereof, whether acting alone or in collusion with others; or (4) Lost salary or wages claimed by or for any "insured" while preparing for or attending the "occupational license review". 2. For the purposes of the coverage provided by this provision, SECTION III — LIMITS OF INSURANCE is amended as follows: With respect to this endorsement only, the following apply: a. The per review limit of insurance shown in this endorsement is the most we will pay per review, regardless of the number of "insureds" reviewed or subject to the "occupational license review". b. The annual aggregate limit of insurance shown in this endorsement is the most we will pay for all covered expenses for each policy period. c. In the event that the "occupational license review" continues over more than one policy period, the expenses shall be limited to the annual aggregate applicable to the policy period when the li- cense review began. d. In no event will any expense claimed for an "occupational license review" be recoverable as ex- pense for another "occupational license review". e. The limits of insurance stated in this endorsement are not part of and are in addition to, the Li- ability Limits of Insurance shown in the Declarations for this policy. 3. For the purposes of the coverage provided by this provision, the following are added under SEC- TION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: a. In the event of a "occupational license review" during the policy period, the "insured" will: (1) Make every reasonable effort to give us immediate written notice and timely updates concur- rent with activity regarding the "occupational license review"; (2) Provide us with the official report of the "occupational license review"; and (3) Provide us with documentation, including receipts, for expenses claimed under this cover- age. b. The insurance under this endorsement will be excess over any other valid insurance or bond. CG MU 1078 12 20 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4. For the purposes of the coverage provided by this provision, the following are added under SEC- TION V — DEFINITIONS: a. "Insured" as used in this endorsement means an employee of the Named Insured shown in the Declarations, but does not include leased or temporary workers or volunteers. "Insured" does not include the Named Insured, unless the Named Insured is an individual person operating as a sole proprietorship, or any other business, whether corporation, partnership, limited liability company or other organization. "Insured" only includes natural persons. b. "Occupational license review" means a formal or informal proceeding conducted by a govern- mental bureau, board, commission or department charged with regulating the "insured's" occu- pational license and involving the review, modification, denial, suspension, or nonrenewal of the "insured's" occupational license or involving disciplinary action against the "insured", in- cluding proceedings to impose a forfeiture or penalty; but "occupational license review" does not include a proceeding concerning any criminal or civil charge brought against the "insured". VII. Abduction The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the limits, aggregate and deductible as stated in this endorsement, we agree to pay the insured for reasonable and necessary Covered Expenses, as listed below, incurred and paid by the insured or "Guardian(s)" as a direct result of an "abduction" occurring during the policy period and in the "coverage Territory", provided that such "abduction" is otherwise the subject of this en- dorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the fol- lowing unless otherwise stated: a. Up to fourteen (14) days after the recovery of the "Covered Individuals►"; or b. Discovery of the death of the "Covered Individual(s)"; or c. Twelve (12) months after the date of the "abduction". Covered Expenses include the following incurred expenses: a. Fees and expenses of any independent investigative services, provided that we have given prior consent to the use of such independent investigative services; and b. Reward to an "Informant" for information leading to the recovery of the "Covered Individual(s)" and the arrest and conviction of the party(ies) responsible for the "abduction"; and c. Fees and expenses of independent forensic analysts engaged by the insured or "Guardian(s)" with prior authorization from us; and d. Fees and expenses of public relations consultants to assist in the location of the "Covered Indi- vidual(s)"; and e. Publicity costs incurred solely and directly to assist in the resolution of an "abduction"; and f. Costs of travel and accommodations incurred by the insured or "Guardian(s) while attempting to resolve an "abduction"; and g. Rest and rehabilitation expenses including travel, lodging and meals of the "Covered Individual(s)" and "Guardian(s)" incurred by the "Guardian(s)" and paid by the insured following resolution of the loss covered hereunder. The total amount under this provision shall not ex- ceed $10,000 for any single loss; and h. Lost salary of "Guardian(s)", which is the amount of compensation paid at an annual rate in- cluding the average bonuses and commissions, that the "Guardian(s)" would normally have earned; and i. Fees for psychological or psychiatric counseling for the benefit of "Guardian(s)", or siblings of the "Covered Individual(s)" beginning on the date of recovery of the "Covered Individual(s)", until the earliest of the following: (1) Up to three (3) months after the recovery or discovery of the death of the "Covered Individ- ual(s)"; or (2) Twelve (12) months after the date of the "abduction"; and CG MU 1078 12 20 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. j. Fees for psychological or psychiatric counseling for the benefit of "Covered Individual(s)" begin- ning on the date of recovery of the "Covered Individual(s)" and continuing up to twelve (12) months thereafter; and k. Medical services and hospitalization costs incurred for the "Covered Individual(s)" as a result of the "abduction" beginning on the date of recovery of the "Covered Individual(s)" and continuing up to twelve (12) months thereafter; and I. Funeral and burial expenses of "Covered Individual(s)" resulting from an "abduction". 2. Exclusions We will not pay any expense(s) directly or indirectly caused or resulting from: a. The fraudulent, dishonest, or criminal acts of any "Insured", any director or officer of the "In- sured", parents or "Guardian(s)" or agents thereof, whether acting alone or in collusion with others; or b. Any legal liability or costs of defense for administrative, regulatory, judicial or other claims hear- ings or lawsuits arising out of the "abduction"; or c. Payment of any "ransom" or demand for money. For the purposes of the abduction coverage provided by this provision, SECTION III — LIMITS OF IN- SURANCE is amended as follows: 1. The Limits of Insurance shown on this Endorsement and the rules below fix the most that we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bring "suits". 2. The Aggregate Limit shown on this Endorsement is the most we will pay for all Covered Expenses for each policy period. All expenses arising from an act or series of related acts involving one or more persons or an act er- ror or event or a series of related acts, errors or events shall be treated as arising out of one "ab- duction". However we will not pay for any loss resulting from an "abduction" which is part of a ser- ies of related acts that began prior to the effective date of this insurance. 3. In no event will any expense claimed, incurred or paid under one "abduction" be recoverable under another "abduction". 4. The "abduction" limit is included as part of the Limits of Insurance under the Liability and Medical Expenses Aggregate Limit. 5. We will not pay for loss in any one "abduction" until the amount of loss exceeds the deductible shown on this Endorsement. We will than pay the amount of loss in excess of the deductible up to the applicable Limit of Insurance as shown in this Endorsement. The deductible will not reduce the Limit of Insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SEC- TION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: 1. In the event of an "abduction" during the Policy Period, the "Insured" will make every reasonable effort to: (a) Determine that the "abduction" has actually occurred prior to incurring costs; and (b) Give immediate oral and written notice to us with periodic and timely updates concurrent with activ- ity occurring during the incident; and (c) Immediately notify local, national or other appropriate law enforcement agency having jurisdiction over the matter. 2. Confidentiality The "Insured" will use all reasonable efforts not to disclose the existence of this Endorsement. 3. Other Insurance The insurance under this Endorsement will be excess over any other valid insurance. CG MU 1078 12 20 Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4. Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. 5. Due Diligence You and every insured or "guardian" must exercise due diligence in doing all things reasonably practicable to avoid or diminish any loss covered under this insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION V — DEFINITIONS: 1. "Abduction" means the wrongful and illegal seizure of a "Covered Individual(s)", by someone oth- er than a "Guardian(s)" or an agent thereof, from the "premises" of the insured or on any other premises while such "Covered Individual(s)" are under the control of the insured occurring during the policy period. "Abduction" as used in this endorsement does not include the actions of any of- ficial acting within their lawful authority. 2. "Covered Individual(s)" means individual(s) under the care, custody and control of the insured. 3. "Informant" means any person, other than a "Covered Individual", providing information not other- wise obtainable solely in return for a reward offered by the insured. 4. "Guardian(s)" means the natural and legal Parent(s) or legal and appointed Guardian, step-Parent(s) or foster Parent(s) of a "Covered Individual(s)" regardless of who has legal custody. 5. "Premises" means any place the insured conducts business. 6. "Ransom" means a consideration paid or demanded for the release of a "Covered Individual(s)" from captivity. VIII. Property Damage Liability — Elevators And Sidetrack Agreements The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1. Exclusions j. (3), (4) and (6) do not apply to the use of elevators. 2. Exclusion k. does not apply to: a. The use of elevators; or b. Liability assumed under a sidetrack agreement. The insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENER- AL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. IX. Designated Location(s)-General Aggregate Limit The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I►, which can be attributed only to operations at a single designated "loca- tion" shown in the Declarations: a. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or property dam- age" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". CG MU 1078 12 20 Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. c. Any payments made under COVERAGE A, for damages or under COVERAGE C for medical ex- penses shall reduce the Designated Location General Aggregate Limit for that designated "loca- tion". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other des- ignated "location" also shown in the Declarations. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Ag- gregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which cannot be attributed only to operations at a single designated "lo- cation" shown in the Declarations: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical ex- penses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location Aggregate Limit. 3. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "prod- ucts-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. 4. The following is added under SECTION V — DEFINITIONS "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 5. The provisions of LIMITS OF INSURANCE (SECTION III) not otherwise modified by this coverage shall continue to apply as stipulated. X. Property Damage Liability — Borrowed Equipment The following is added to Exclusion j. under Coverage A. (Section I): Paragraph (4) of this exclusion does not apply to equipment which you borrow unless the "property damage" occurs while such equipment is being used by an insured at a job site. Subject to all of the terms of SECTION III — LIMITS OF INSURANCE, the maximum limit in any one oc- currence is $25,000 and an annual aggregate of $50,000. This insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to you, and SECTION IV — COMMERCIAL GENERAL LIABIL- ITY CONDITIONS 4. Other Insurance is changed accordingly. XI. Additional Insureds By Written Contract A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization that you are required to add as an additional insured to this policy by a written contract or written agreement that is: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury". B. The insurance provided to the additional insured applies as follows: 1. That person or organization is only an additional insured with respect to liability caused by your negligent acts or omissions at or from: (a) Premises you own, rent, lease, or occupy or (b) Your ongoing operations performed for the additional insured at the job indicated by written contract or agreement. 2. The limits of insurance applicable to the additional insured are those specified in the written con- tract or agreement or in the Declarations of this policy whichever is less. These limits of insur- ance are inclusive of and not in addition to the limits shown in the Declarations. CG MU 1078 12 20 Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. With respect to the insurance afforded these additional insureds, the following additional insured exclusion applies: 1. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" arising out of the render- ing of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings, designs or specifications; or (b) Supervisory, inspection, architectural or engineering activities. 2. The insurance afforded the additional insured does not apply to: (a) "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on the behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than the contractor or subcontrac- tor engaged in performing operations for a principal as part of the same project. XII. Additional Insured — State or Political Subdivisions — Permits The following is added to SECTION II — WHO IS AN INSURED: 1. Any state or political subdivision which has issued a permit to you, subject to the following provi- sions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state, governmental agency or political subdivision has issued a permit or authoriza- tion. b. This insurance does not apply to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of opera- tions performed for the federal government, state or municipality; or (2) "Bodily injury' or "property damage" included within the "products-completed operations hazard". XIII. Additional Insured — Managers Or Lessors of Premises The following is added to SECTION II - WHO IS AN INSURED: 1. Any manager or lessor of premises shown in the Declarations is also an insured, but only with re- spect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: The following exclusions are added: 1. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any manager or lessor of premises shown in the Declarations. XIV. Additional Insured — Lessor of Leased Equipment The following is added to SECTION II - WHO IS AN INSURED: 1. The person(s) or organization(s) who leases equipment to you for use in your business is also an insured, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equip- ment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. CG MU 1078 12 20 Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. XV. Additional Insured — Broad Form Vendors The following is added to SECTION II - WHO IS AN INSURED: 1. Any person(s) or organization(s) (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance is also an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distrib- uted or sold in the regular course of a vendor's business, subject to the following additional exclu- sions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection; demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then re- packaged in the original container; (5) Any failure to make such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in con- nection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations per- formed at the vendor's premises in connection with the sale of the product. (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub-Paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have ac- quired such products, or any ingredient, part or container, entering into, accompanying or con- taining such products. c. This provision does not apply to any vendor included as an insured by an endorsement issued by us and made part of the Coverage Part. d. This provision does not apply if "bodily injury" or "property damage" included within the "products-complete hazards" is excluded either by the provisions of the Coverage Part or by endorsement. XVI. Employee Bodily Injury To A Co-Employee SECTION II- WHO IS AN INSURED paragraph 2.a.(1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "per- sonal 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 liability 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 performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. CG MU 1078 12 20 Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. However, if a suit seeking damages for "bodily injury" or "personal and advertising injury" to any co-"employee" or other "volunteer worker" arising out of and in the course of the co-"employee's" or "volunteer worker's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co-"employee" or other "volunteer worker", is brought against you or a co-"employee" or a "volunteer worker", we will reimburse the reasonable costs that you incur in providing a defense to the co-"employee" or "volunteer worker" against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. XVII. Broad Knowledge/Notice Of Occurrence The following is added under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirement in condition 2.a. that you must see to it that we are notified of an "occurrence" or offense applies only when the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. If you report an accident to your Workers' Compensation insurance carrier which later develops into a liability occurrence, coverage for which is provided by this policy, failure to report such occurrence to us at the time of the accident shall not be a violation of the notification of loss condition in this policy (Condition 2. in Section IV). It is understood and agreed, however, that you shall give notification of such occurrence to us as soon as you are made aware of the fact that the particular accident has de- veloped into a liability claim. XVIII.Unintentional Failure To Disclose Hazards Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 6. Representations is replaced by the following: By accepting this policy, you agree; 1. The statements in the Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this policy in reliance upon your representations; If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. CG MU 1078 12 20 Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. XIX. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the paragraph 8. Transfer of Rights of Recovery Against Others To Us condition is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and include in the "products — completed operations hazard" when you have waived such right of recovery under a written contract with that person or organiza- tion. Such written contract must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury"; or 3. Executed after "bodily injury", "property damage", "personal and advertising injury" if: a. The terms and conditions of the written contract or written agreement had been agreed upon prior to the "bodily injury", "property damage", "personal and advertising injury"; and b. The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon pri- or to the "bodily injury", "property damage", "personal and advertising injury". XX. Insured Contract SECTION V — DEFINITIONS, "Insured Contract" paragraph 9.a. is replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". XXI. Mobile Equipment The following is added under SECTION V — DEFINITIONS, 12. "Mobile Equipment": Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. CG MU 1078 12 20 Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY CG MU 1129 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ASSAULT OR BATTERY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Paragraph 2. Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability and Paragraph 2. Exclusions of Section I - Coverage C - Medical Payments: This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" or medical expenses arising out of an "assault or battery". This exclusion applies to any claim, demand, or "suit" based upon any actual or alleged "assault or battery" resulting from: 1. The failure to provide or maintain a safe environment or warn of any risk or danger; 2. The failure to render aid or treatment; or 3. The negligent: a. Employment; b. Hiring; c. Investigation; d. Supervision; e. Training; f. Reporting to the proper authorities, or failure to so report; or g. Retention; of a person or entity for whom any insured is or ever was legally responsible and whose conduct would be excluded in Paragraph 1. or 2. above. This exclusion supersedes any provision in the attached policy that provides coverage for "bodily injury" arising out of, directly or indirectly resulting from, in consequence of or in any way involving the use of reasonable force to protect persons or property. For the purposes of this endorsement, the following definition is added: "Assault or battery" means actual or threatened harmful use of force or offensive contact or communication whether or not the threat or use of force is alleged to be negligent, intentional or criminal in nature. "Assault or battery" includes but not limited to, sexual assault, physical or emotional abuse. CG MU 1129 12 20 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WESTERN NATIONAL INSURANCE GROUP* MINNEAPOLIS, MINNESOTA PRIVACY POLICY WESTERN NATIONAL INSURANCE GROUP VALUES THE TRUST YOU HAVE PLACED IN US. IN RETURN, WE TAKE SERIOUSLY THE PROTECTION OF YOUR NON-PUBLIC PERSONAL INFORMATION. THIS NOTICE DE- SCRIBES HOW WESTERN NATIONAL USES AND SAFEGUARDS YOUR INFORMATION. INFORMATION WE MAY COLLECT DISCLOSURE OF INFORMATION Western National Insurance Group may collect certain Western National does not sell your private informa- information about you in the operation of its business. tion. We do not make available your private informa- This information falls generally within three categories: tion to nonaffiliated companies for marketing pur- poses. Western National only shares information 1) Information necessary to properly underwrite risks when it is necessary to conduct our insurance busi- and charge a fair premium. This may include infor- ness. Information may be disclosed to insurance sup- mation you provided on the application for insur- port groups that provide data for underwriting and ance, motor vehicle reports, credit reports, or past claims purposes. In addition, information may be claims information. shared with adjusters, attorneys, auditors, agents or others that Western National retains to work on your 2) Information necessary to fairly evaluate claims. or its behalf or by individuals that you retain, such as This may include information you provided on loss body shops or contractors, to work on your behalf. reports, information maintained by governmental Western National may disclose claim information to agencies such as police and fire departments, other insurers or other parties during the handling of motor vehicle information, medical records, em- claims, during litigation surrounding those claims, or ployment records, wage and salary verification, after claims have been resolved to the extent permit- credit reports, information from other insurers, in- ted by law. formation about past claims, and other information necessary to evaluate claims. PROTECTING YOUR INFORMATION 3) Finance information related to premium payments. Western National maintains physical and electronic This may include credit card numbers, bank ac- safeguards to prevent access to your information by count information, or other financial information, people other than Western National employees. West- ern National continually assesses new technology for protecting information and upgrades its systems when appropriate. *This privacy policy applies to all companies within Western National Insurance Group: American Freedom Insurance Company Arizona Automobile Insurance Company Nevada General Insurance Company Pioneer Specialty Insurance Company Umialik Insurance Company Western Home Insurance Company Western National Assurance Company Western National Finance Company Western National Mutual Insurance Company WNGR010117 WN IL 13 05 14 WESTERN NATIONAL MUTUAL INSURANCE COMPANY EDINA, MINNESOTA MUTUAL POLICY CONDITIONS This policy is issued by a Mutual Company having special regulations lawfully applicable to its organization, membership, policies or contracts of insurance, of which the following shall apply to and form a part of this policy. This policy is nonassessable. The policyholder is a member of the company and shall participate, to the extent and upon the conditions fixed and determined by the Board of Directors of the Company in accordance with the provisions of law, in the distribution of dividends so fixed and determined. The insured is hereby notified that by virtue of this policy they are a member of the Western National Mutual Insurance Company, and that the annual meetings of the company are held at its home office in the city of Edina, Minnesota on the second Tuesday in June in each year, at 1 :30 p.m. The insured is entitled to vote either in person or by proxy at any and all meetings of said company. In Witness Whereof, we have caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by our authorized representative, if applicable in your state. tt42 President & CEO Secretary WN IL 13 05 14