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INSURANCE CERTIFICATES 09/19/81 TO 03/15/86 Roger Bouchard Insurance, Inc. P.O. Box 6090 Clearwater, FL 33518 Clearwater Shuffleboard Club 1020 Calumet Steeet Clearwater, FL 33515 TYPE OF INSURANCE POLICY NUMBER GENERAL UAIIlLITY X COMPREHENSIVE FaW X PflEMlSESIOPfAA T10NS ~~COll.APSE HAZARD PROOUCTSICOMPlmo OPERATIONS CONTRACTUAl INDEPENDENT CONTRACTORS BROAD FORM PROPERTY OAMAGE PERSONAl INJURY MP 59 253 171 AUTOMOIIIU LlAIllUTV ANY AUTO AlL OWNED AUTOS (PRlV PASS) AlL lMNEO AUTOS ('MrJRp~) HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY I!xer.. L1A8I.lTV .- "-----"--~._-~--- -- UMBREllA FORM OTHER THAN UMBRELLA FORM WOMI!.... COMPfNaA TION AND IMPLOV!.... L1AIIlLITY WC 30 557 681 OTHER DESCRIPTION OF OPERATIONSIlOCATIONSNEHICLESlSPECIALITEMS City of Clearwater Department of Recreation & Parks P.o. Box 4758 Clearwater, FL Attn: Bridgett THII C!fmFlCATI! . IHUeD AI A MATTI!A OF INFORMATION ONLY AND CONFIA8 NO NOHTI UPON THI CI!ATlI"ICAT! HOI.DIA. TMII C1!ATIIElCATI DOlI NOT AMEND. IXT!ND OR AL TEA THE COVERAGE A~OAMD BY THE POUCI!I BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER COMPANY . LETTER COMPANY C LETTER COMPANY D LETTER COMPANY . LETTEFI POlICY HFtCTIYf OA TE (MM/OOIYV) POlICY EXPIRATION OA TE IMM/lJOlYY) $ $ 3/15/86 I'AOPl!RTV DAMAGE $ S 81IPD $ $ COMBINED 500 500, 3/15/85 3/15/85 3/15/86 PERSONAL INJURY $ m.v IIWlY (!'fR P(RlOII $ IlIIU IIWlY IP(R mfNT) $ PAOP!RTV DAMAGE $ 811 PO COM8INl':D$ -I PDu - COMBINED $ 9TATUTOAY ,~, $ 100 $ 500 $100 (EACH ACCIOENn (DISEASE -POlICY LlMln (DISEASE -EACH EMPlOYfE) ~- ,.;.Ar --~ .,~, ~. ~ 3CJS-O 1 I - Elizabeth S. H.seker, Asst. City Manager Birgitt Dowd, City Wide Evanu S~v. City Clerk'. Office, Steve Miller Shuffleboard and aawn Bowls Club Insurance May 16, 1984 I wanted to inform you that I haw personally contacted each of the insurance CQq)anies, Roger Bouchard In8uranCl8, Inc. for the Shuffleboard Club and Lee King Insurance Agency for Lawn Bowls Club in regard to their insurance COYerage. They haw ..sured 11I8 that they will shortly be sending a certif- icate of insurance and I sugvested a copy of the policy to us, showing the proper liability amounts and listing the City as additional insured. Please contact me should you haw any quastion. Also attached is copy of what we have OIl file now. Attachment BSD/ev RECEIVED MA Y 16 1984 CITY CLERK .......1: 1 '~ ~~~\io) ,.,." ~ - ,'."," '!r) .\~ I 1.,' ,<"_J 1 '~l q I ' , 'l II I, I' ~ I ,^ ~ . '. 'J.~'" . ~'("''''$i'l '~' ,'."." 't ","' II'" ." t ."".g ~." ..~ ';'l~q ~. i-l" ',;.," 'I. . ",' , " ' " " \~'i!~~~ ~~li-(:~ .:"/"I,,.,,':{"?!tJ,f,.t: !~a .;1~ ~ "~t 'j,~~.''''.,(~l''~ 1, f,' ".~I -.!,t i'" . r': ,II' ,l. . I" J \ ',', ..,. .. :~(I,~~"~.lri.:,.~{, "'~" >::;':'j~ ~i. !,)~:: ~'. Cert,fle~te,of, I"suran~e "" . ;. ,,' .;-;, ' " . ~\:--.: J^'i"'J1". i' if:. ' ( ~.. t' ~,,~ ~ C. -' ' "', , ~ ',;:" ."HI~.'~~R1'AF]eATE I~ J~SI :0 ,AS' A ~AP'J;R or"IN~ORMATION ,ONLY 'AND. CONFEl ) NO RI~NTS UPON' THE CERT.IFICATE I-tOlOER. . r 'J;.. \.rHI5,yCEflTIF'ICAT~,l QqtS lI\~T, AMEND, ttx.rtND,;OR 'Al TER THE CQVERA,GE AI\fORtJtD .Qy TfJE POLICIES LISTED BELOW.. . . . ",AM[ ANU ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES Roger Bouchard Insurance, Inc. P.O.Box 6090 Clearwater, Fl . 33518 COMPANY A I~!~~____lo.wa National Mutual Insurance Co. ((\Mf'ANY B (11111l --_...~_._----------,---,_."--._----_.__.- j,AME AND ADDRESS Of IN:',URlD Clearwater Shuffleboard Club 1020 Calumet Street Clearwater, Fl. 33515 CUMP.\NY C III T! R CUMI'ANY 0 1111111 COMPANY E --_ ----- _ ________ L[f[I~___~QLTHE POLICY PERIOD INDICATED. This is to certify that policies of insurance list~ below hay!' been issued to the insured named above 1\'Q~~~iKWKJtft~ Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance-iiHorcled by the policies described herein is subject to all the te'ms, exclusions and condition$ of such policies. ---~ 1 '~)~~';~~Y I 1 YP[ 01 INSURANCE ---'--j-GiNERAllIAB,lI1Y...-- r----- A IX] COMPREHENSIVI IORI.1 [X] PREMISES--OPERAI IONS o EXPLOSION A",O COLLAPSE HAZARD o UNDERGROUND HAZARD o PRODUCTS.COMPIIHD OPLRAT IONS HAiARIJ o CONTRACTUAL INSUR,\NCf o BROAD fORM PROPlf?l 'f DAMAGE o If<Dt:PENDENT CONTRAC JailS o PERSONAL INJURY , . POliCY NIJMIJUl -r- 1'01 ICY I f Xf'IIIM ION DATE Limits of Liab~lit in Thousands (000) OCC~~~~NCE AGGREGATE BOD;l't INJURV s Under Binder-Rolicy number to be assigned. 3/15/84- 3/15/85 PROPERTY DAMAGE , , BODIL Y INJURY AND F'RlJPlRTY DAMAGE COMBINED , 500 '500 PERSONAL INJURY s A WORKERS' COMPENSATION Under Binder-Policy number to be assigned 3/15/84- 3/15/85 BODIL Y INJURY (EACH PERSON) BODll Y INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODIL Y INJURY AND PROPERTY DAMAGE COMBINED s s AUTOMOBILE LIABILITY o COMPREHENSIVE fORM o (;WNED o Hlf~ro o NON.OWNlD s EXCESS LIABILITY o UMBRELLA fORM [] UTHER THAN UMBRElLA fORM BODIL Y INJURY AND PROPERTY DAMAGE COMBINEO s and . ------L EMPLOYERS' LIABILITY I OTHER I /EN;H ACCIDENT) ,.t' _ UESCRiPTlO~' OF OPERATIONS/LOCATIONS/VEHICLES Inland Marine - Miscellaneous Equipment Floater $2,096. Commercial Blanket Coverage $2,500. ) ---------______________ =<~ -? 11)r'/ I . Cancellation: Should any of the L.bove deSCribed polices be cancelled [Ie/ore the expiration date thereof, the issuing com- pany will endeavor to mail --1.0.- days written notice to the below named certificate holder. but failure to m," so'h cot'ce ,h,II -mpnse no ob".,"oo 0' "'b~::~::iC::~>4.st ~~ NAME AND ADDRlSS Of CERTIFIC.\TE HOLD[R I City of Clearwater ----- r-,,~ I DATE ISS~~GER o~;J;~~C~RD 1984. ks\,\ Department of Recreation & Parks ~vi ~ ~ ~ ~ ~ P.O. Box 4758 { ~~~~~a~;~d'~~: ~~~~~____~_~~ ~~~,:r>'~~~, I ',~~~ll~",'J$j,.~,~.,.. ,II.......... .,.......,~""'!IJ'".'~,~...~..."'~~,,"",=~,. _~ 1!'''''..-,~..~'l''.;~.~,~~~;(!....s;:,I~ . ..."'......,........,.."'I~LI .. .... Roger Bouchard Insurance, Inc. P. O. Box 6090 C1eailNater, Florida 33513 THIS CERTIFICATE IS ISSUED S A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFlCA TE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER INSURED Clearwater Shuffleboard Club 1020 Calumet Street Clearwater, Florida 33515 COMPANY 8 LETTER COMPANY C LETTER COMPANY D LETTER OVJ;ff~GE~ ~i',,,~ '~~';;'-.~;'l 4.'; :6\"'L~cr"l C~I~ .'~:.}~ ~. :.." ~ - ;H~ '.. : ,,: ~"'~'~r"'!~:",\~;:ff: ~.~j, ~ '~~ :~;t'L: ~~~~ >~ ~~(''''~(~ +; 'J, .,'. . COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO HIE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTllER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI. TIONS OF SUCH POLICIES. g~ TYPE OF INSURANCE GENERAL LIABIUTY A COMPREHENSIVE FORM PREMISEs/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTSlCOMPlETED OPERATIONS CONTRACTUAL INDEPENDENT COIITRAOTORS BROAD FORM PROPERTY DAMAGE PERSONAl INJURY POLICY NUMBER POLICY EffECTIVE POliCY EXPIRATION OAI [ (MM/llOlYY) DATE (MMIllO/YY) BODILY $ $ 3/15/84 3/15/85 INJURY PROPERTY $ $ DAMAGE BI & PO $500, $500, COMBINED MP 59 246 486 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS (OTHER TH~N) PRN. PASv. HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY PERSONAL INJURY $ IrolV INJURY $ (PER I'fRSON) BOOIl V INJURY $ (PER AOOllENl] PROPERTY $ DAMAGE BI & PO $ COMBINED EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA fORM ~t.:~ED $ $ A WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY HC 30 536 505 STAT\JTORY , ~~"iJ': v " '. ,. 'f'"' ,'li-" . '\ ~'l. 3/15/84 3/15/85 (EACH ACCIDENT) (DISEASE.POlICY LIMIT) (DISEASE. EACH EMPlOYEE) OTHER DESCRIPTION OF OPERA T10NSlLOCA TIONSlVEHICLESlSPECIAL ITEMS nnRCATE.HOLDER,..' -;~<.^ "; . '"l!:>.:;'I:., ': -. . '.,< -1 'CANCELLATION / ',~ ";" . ' v,'_ to" ;., /":.' '. y' . , .. .\ '" City of Clearwater Department of Recreation & Parks P. O. Box 4758 Clearwater, Florida SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATIQ'i DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL_--1l1_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILUF:E TO MAIL SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR UABlUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHO RESENTATlVE PRODUCER Ro9n" .....rcI Iv........ lac. P. O. loa 6890 (1........, fl..... Dill THIS CERTifICATE IS ISSUED AS A MATTER OF INFOMIATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOU)EA, THIS CERTIFICATE DOES NOT AMINO, EXTEND OR ALTER THE COVERAGI AfIIORDED BY THE POUCII8IELOW. COMPANIES AFFORDING COVERAGE INSURED Clu.twater SlMaff1~ Cl_ 1028 Cal'" sw.t Cl....._. f1art4a JIIl1 COMPANY A LETTER 101M IAT COMPANY . RECEIVED LETTER COMPANY C LETTER COMPANY D LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED. NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEATlFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DE8CAl8ED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUIIONS, AND C0NDI- TIONS OF SUCH POLICIES. . LIABILITY LIMITS IN TH0U8AN08 AOOREOATE TYPE OF INSURANCE POLICY NUMBER POlICY EFFEClM DATE IMWllOM'l POlICY EXPIAA lION DATE (MNIDM'Yl OENERAL UABlLlTY BOOIl Y $ $ COMPREHENSIVE FORM .. it 146 411 111M II. ~RY PREMISESIOPERATIONS =:r" $ $ UNDERGROUND EXPlOSION & COLLAPSE HAZARD PAOOUCTSICOMPLffiD OPERATIONS CONTRACTUAL Bl & PO ... COM8IHED . INOEPENOENT CONTRACTORS BROAD FORM PROPERr1 DAMAGE PERSONAl INJURY PERSONAl INJURY AUTOMOBILE UA8IUTY IlOOl y IIWIY $ ANY AUTO lPfR PBllDIl ALL OWNED AUTQi (PRlV. PASS) IlOOl y ALL OWNED AUTOS (WER THAN) IIWIY $ v. PASS. (PER AlXIl8fI) HIRED AUTOS ~TY$ NON-OWNED AUTOS GARAGE LIABILITY ~$ EXCESS UABlLlTY UMBRELLA FORM ~$ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION "'.131_ ilIA If. ANO (EACH ACCIDENT) EMPLOYEAII' UA8IUTY (DlSEASE.fIOllCY LIlT) (DlSEASE-EACH EMPlOYEE) OTHER DESCRIPTION OF OPERATIClHSILOCATIONSNEHlClBlIS ITEMS C1 ty of Cl.arwlter Dep......t ef ......U. . P.u ,. O. 80. 4158 Cl....ter. fleri. ATTN- ADrN:fTT Illlloln . . lowa"Nat.ona. M.,.........uranc. ~D.,_~~~r _~~.,,,._., ."...-............ .......--. ..... --.., ..,-r--- .," '\\'~'-' -I ~ 0S'~<'8-/~ I Uilderwrlte(s Co"1~ents Policy No.. 59 246 486 HtIlWED by Po/icy No.: CMckld., Agency (City and State) .... IOU[... 11&1.. I&. ~~11.. ,L. 1. l.macllnlUf8d and Mllllna Address (No., Str.... Town, Counl~, Sllll, Zip Code) . CU-.Tla IU'RIIIMI a..- ... CAt ~,.T IT. CLl1'MtIdI.,.... >>515 2. Policy P~ From12:01 A.M. Standali?i~cation of Desi~~ate~" 3. The Named Insured is: 0 Individual 0 Corporation 4, Location of Premises (Enler "Same" if I.me loc.llon .. above) M.P. CocM Cl_ c Ip Dtd. % ..... z- Mllluat o Partnership o Joint Venture (] Other: Occupancy of Premi..s .. ....... SECTION I - PROPERn COVERAGE UMIT Of UABlLln Lee. Ie. _. .... Loc. _.... Building(s) S S Personal Property of the Insured S S Personal Property of Others $ S Addl. Cov. (Specify) $ S $ Deductible: $ each occurrence. $ aggregate each occurrence. If no deductible stated above, the deductible shall be $100 each occurrence. $1,000 aggregate each occurrence. SECTION II - llABlUn COVERAGE LIMIT OF UAIIUTY Bodily InJury and Property Damage liability Form MP 00 93 Combined Single limit Premises Medical Payments Bodily Injury liability Property Damage liability Premises Medical Payments Addl, Cov. (Specify) S $ each occurrence S each person $ aaarepte each accident III L '.. .. L '... IF NO LIMIT SHOWN FOR MP 00 93 REFER TO COVERAGE PART OR ENDORSEMENT Audit Period: Non-Auditable Unless Indicated By l8J 0 Annual 0 Semi-Annual 0 Quarterly 0 Monthly Other: SECTION 11I- CRIME COVERAGE lj t As stated '" the endorsement, made part of this Policy, if indicated by 181 SECTION IV - BOilER AND MACHINERY COVERAGE 0 ~ 6. Forms and Endorsements, which apply to both Section I and Section II, made part of this poliCY at time of issue. (lnllrt No and Ed. Dale): a. Section I-Forms and Endorsements only: .. . IIC"") .. II IlUJ-lt) .. II 1ICf-tJ) b. Section 11- Forms and Endorsements only: c. Section III Forms and Endorsements only: d. Section IV - Forms and Endorsements only: Mortgagee: IIIL (Name and Address) The Total Advance Premium is S and IS payable S at inception, and S at each anniversary. Unless indicated by an X in the box below as "NOT APPLICABLE", the premium for Installments subsequent to the initial installment shall be subject to adjustment D he basis of the rates in effect at each anniversary date. 0 NOT APPLICABLE. ., I~,,,~~,t'.( '~/_ '. '1'H! llA 1t ~f.I~ "f; """,; ~;,'.~lJ :'; ~~~:7'f:;M ~~, (.,.~, ~. . ,!\I'ln 'I, I,. iii ,'. ~II~ N"t W'1Iw ''* IWmb ~IUlMll II 111M '" , 7. 8. flJH R."I""'.IiV. .MCi <m I C~ANGEENDORSEMEtT MP 12 01 (Ed. 02 79) THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW: END~RSEMW.j~'VE DAT~__. PO~Y;~~t~ ~ ___n .~~_J COMPANY IOWA NATIONAL INSUlWtCI COMPANY INSURED'S NAME AND MAILING ADDRESS AUTHORIZED REPRESENTATIVE'S NAME AND MAILING ADDRESS CLEARWATER $HUffLlIOMD CLUI ItOGlR IOUCHMD JII., lIet. 1020 CAUNT ST CUAlhMTII, 'L CLEARWATER, FL JJS1S TERM I FROM I YRS . J/.fIWt [,t;~~-~~~ RODUCER CODE HeTlON I POLICY CHANGES DILETI ...12 MI ADD ALL IlK ...1"(1o.aJ) ATTACHID I[CTIOII II ADOI. ADlITIGIAL I.UIO fiLJOIJ(7-'6) AnACHU SPECIFY FORM NOS. AND EDITION DATES AFFECTED BY POLICY CHANGES: SECTION I-PROPERTY COVERAGE LIMITS Of LIABILITY RATES Loc. Blda. No. No. Previous New Previous New Previous PREMIUMS New $ $ $ $ $ $ $ $ $ SECTION II-LIABILITY COVERAGE COVERAGE LIMITS OF LIABILITY PREMIUMS Previous New Previous New IJ Add'1 0 Return SMP liability Insurance Form: $ $ Bodily Injury and Property ea. Occurrence ea. Occurrence Damage liability $ $ $ $ $ (Combined Single limit) Allreaate Aagregate Premises Medical Payments $ $ o SMP liability Insurance Form ea. Person ea. Person o Medical Payments $ $ $ $ $ Coveraae Part ea. Accident ea. Accident o Forms other than BODILY INJURY LIABILITY SMP liability Insurance Form $ $ Specify Coverage Part ea. Occurrence ea. Occurrence $ $ , $ , auOll $ $ Aureaate Aggregate PROPERTY DAMAGE LIABILITY $ $ ea. Occurrence ea. Occurrence $ $ $ $ $ o Revised Dual limits: Allreaate Allregate INSTAlLMENT PAYMENT PREMIUMS Previous AdditionII InstaUments Prenllunt Dates of subsequent installments, 2. $ $ if payable in annual installments: 3. $ $ PREMIUM DUE AT EFFECTIVE DATE OF ENDORSEMENT: $ Total for remainder of policy term: $ Return PnmIttm RevIsed Instllments $ $ $ $ $ $ MP 1~ 01 (Ed. 02 79) ~ency, By I CLlMWATU SHUf'LIIOMI CLUI \ HI HI Sf Z't6 .... I J/1 s/IIt <m GL 20 12 (Ed. 07 66) This endorsement forms a part of the policy to which attached. effective on the Inceplion date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subse~entto preparation of policy.) Endorsement effective Policy No. Endorsement No. Named I nsu red Additional Premium S , Cou ntersigned by (Authorized Representative) This endorsement modifies such Insurance as IS afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE ADDITIONAL INSURED (Stat.. '1I1Iiuf Subdlvisions-'ermits) It is agreed that the "Persons Insured" provision includes as an insured any state or political subdivision thereof designated in the schedule below, subject to the following additional provisions: 1. The Insurance applies only with respect to operations performed by or on behalf of the named insured for which the state or political subdiVIsion has issued a permit. 2. The Insurance does not apply to bodily injury or property damage (a) arising out of opera lions performed for the state or mUnicipality, or (b) Included within the completed operations hazard. 3. If the Property Damage liability Coverage IS not otherWise afforded, such insurance shall nevertheless apply with respect to operations performed by or on behalf of the named insured for which such permit has been Issued subject to the limits of liability stated herein. SCHEDULE Designation of State or Political Subdivision: City of Clearwater Department of Recreation & Parks P.o. Box 4758 Clearwater, Fl. 33518 Attn: Bridgett Dowd limits of Property Damag. Liability LIlUTI or IOOIL Y lIMY $ each occurrence III "'''11 $ aurllate III ""17 Annual Premium $ IKL $6 GL 20 12 07 66 e - SEITION SPECIAL MULTI-PERIL POLICY I-SPECIAL PERSONAL PROPERTt I. PROPERTY COVERED FORM MP 00 14 (Ed. 01 83) COINSURANCE CONTRACT , '''B''- ~ i", ~ 0 'tl,.. ,-. @)' 0 . 1982 PERSONAL PROPERTY OF THE INSURED: Business personal property owned by the insured and usual to the occupancy of the insured, including the insured's interest in personal property owned by others to the extent of the value of labor, materials and charges furnished, performed or in- curred by the insured; all while (1) in or on the building(s), or (2) in the open (including within vehicles) on or within 100 feet of the designated premises. This coverage shall also include Tenant's Improvements and Betterments, meaning the insured's use interest in fixtures, alterations, installations or additions constituting a part of the building(s) occupied but not owned by the insured and made or acquired at the expense of the insured exclu- sive of rent paid by the insured, but which are not legally subject to a re- moval by the insured. PERSONAL PROPERTY OF OTHERS: This insurance shall cover for the account of the owner(s) (other than the named insured) personal prop- erty belonging to others in the care, custody or control of the insured, while (1) in or on the building(s), or (2) in the open (including within vehi- cles) on or within 100 feet of the designated premises. Loss shall be adjusted with the named insured for the account of the owners of the property. except that the right to adjust any loss with the owners is reserved to the Company and the receipts of the owners in satisfaction thereof shall be in full satisfaction of any claim by the named insured for which payments have been made. II. PROPERTY NOT COVERED This policy does not cover: A. Property sold by the insured under conditional sale, trust agreement, installment payment or other deferred payment plan, after delivery to customers. B. Aircraft, watercraft, including motors, equipment and accessories (ex- cept rowboats and canoes, while out of water and on the designated prem- ises); and automobiles, trailers, semi-trailers or any self-propelled vehi- cles or maclJines, except such property not licensed for use on public thoroughfares and operated principally on the premises of the insured. This provision does not apply to the following types of property when held for sale or sold but not delivered: 1. Watercraft (including motors, equipment and accessories) while not afloat; 2. Motorcycles, motorscooters and snowmobiles; or 3. Trailers designed for use with private passenger vehicles for general utility purposes or carrying boats This provision does not apply to the follOWing types of property when manufactured, processed or warehoused by the insured: 1. Aircraft; 2. Watercraft, including motors, equipment and accessories, while not afloat; or 3. Automobiles, trailers, semi-trailers or any self-propelled vehi. c1es or machines. C. Personal property while waterborne. D. Household and personal effects contained in living quarters occupied by the insured, any officer, director, stockholder or partner of the insured or relatives of any of the foregoing, except as provided in the Extensions of Coverage. E. Accounts, bills, currency, deeds, evidences of debt, money and securi- ties. F. Outdoor signs, whether or not attached to a building or structure. G. Growing crops and lawns. H. Property which is more specifically covered in whole or in part by this or any other contract of insurance, except for the amount of loss which is in excess of the amount due from such more specific insurance. III. PROPERTY SUBJECT TO LIMITATIONS - The following property is subject 10 these addilionallimilations: 1. Except for loss caused by the "specified perils": (a) Fur and fur garments are covered for not exceeding loss in the aggregate of $2,500 in anyone occurrence for all contributing insurance. (b) Jewelry and watches, watch movements, jewels, pearls, precious and semi-precious stones, bullion, gold, silver, platinum and other precious alloys or metals are covered for not exceeding loss in the aggregate of $2,500 in any one occurrence for all contributing insurance. This limita- tion shall not apply to jewelry and watches valued at $50 or less per item. (c) Patterns, dies, molds, models and forms are covered for not exceeding loss in the aggregate of $2,500 in any one occurrence for all contributing insurance. (d) Stamps, tickets and letters of credit are covered for not exceeding loss in aggregate of $250 in anyone occur- rence for all contributing insurance. 2. Valuable papers and records meaning computer programs and books of account, manuscripts, abstracts, drawings, card index systems and other records including film, tape, disc, drum, cell and other magnetic recording or storage media for electronic data processing, are covered only against loss caused by the "specified perils". MP 00 14 (Ed. 01 83) 3. Animals and pets are not covered, except when held for sale or sold but nol delivered, and then only against death or destruction directly resulting from or made necessary by the "specified perils". 4. Outdoor trees, shrubs and plants are not covered, except: (a) when held for sale or sold but not delivered, and then only against direct loss by the "specified perils", or (b) as provided in the Extensions of Coverage. 5. Glass, glassware, statuary, marbles, bric-a-brac, porcelains and other articles of a fragile or brittle nature are covered against loss by breakage only if directly caused by the "specified perils". This limitation shall not apply to bottles or similar containers of property for sale, or sold but not delivered, nor to lenses of photographic or scientific instruments. 6. Steam boilers, steam pipes, steam turbines and steam engines are not covered againsl loss caused by bursting, rupture, cracking or explosion originating therein (other than explosion of accumu. lated gases or unconsumed fuel within a fire box or combustion chamber). 7. Machines and machinery are not covered against loss caused by rupture, bursting or disintegration of their rotating or moving parts resulting from centrifugal or reciprocating force. The term "specified perils" shall mean direct loss by fire, lightning, air- craft, explosion, riot, civil commotion, smoke, vehicles, windstorm or hail to properly contained in any building, vandalism and malicious mis- chief, leakage or accidental discharge from automatic fire protective systems. Page 1 of 4 U' . ~ ,~', (\~ III' _ lu l'I " U " @ "'<:, ~" 1982 II ~ IV. EXTENSIONS OF COVERAGE Each of the limits of liability specified for the fOllowing Extensions of Coverage applies as an additional amount of insurance. The Coinsurance Clause shall not apply to loss under the Extensions of Coverage. Th, I~.I ''''',' """,,,., "><I,, th, En,,,.,, " C"" '" i, thi, 1m" ..d ''''''i." " C."'", i, .., .thm 1m" ",d, , "rt .'thl, ,.Ii" '" not cumulative and shall not exceed the largest amount recoverable under any single form made a part of this policy. When, in accordance with the Other Insurance condition, there is Contributing Insurance, the Company shall not be liable for more than its pro rata share of the limits set forth in the following Extensions of Coverage. A. Property at Newly Acquired Locations: The insured may apply up to 10% of the limit of liability specified for Personal Property of the Insured, but not exceeding $10,000, to cover direct loss in anyone Occurrence by a peril not otherwise excluded to such property at any location (except fairs and exhibitions) acquired by the insured for similar occupancies or warehousing purposes, elsewhere than at the designated premises within the terrjtoriallimits of this pOlicy. This coverage shall cease 30 days from the date. of such acquisition or on the date values at such locations are reported to the Company, or on the expiration date of the policy, whichever Occurs first. Additional premium shall be due and payable for values so reported from the date the property is acquired. B.Personal Effects: The insured may apply up to $500 to Cover direct loss in anyone occurrence by the perils not otherwise excluded to personal effects while located on the designated premises, belonging to the insured, officers, partners or employees thereof, and limited to $100 on personal effects owned by anyone individual. This Extension of Coverage does not apply if the loss is covered by any other insurance, whether collectible or not, or which would have been covered by such other insurance in the absence of this policy. At the option of the Company, loss under this Ex- tension of Coverage maybe adjusted with and payable to the insured. C. Valuable Papers and Records: The insured may apply up to $500 to Cover direct loss in anyone occurrence by a peril not otherwise excluded to valuable papers and records consisting of computer programs and books of account, manuscripts, abstracts, drawings, card index systems, film, tape, disc, drum, cell and other magnetic recording or storage media for electronic data processing, and other records, all the property of the insured at designated premises. This Extension of Coverage covers only the cost of research and other expense necessarily incurred by the in- sured to reproduce, replace or restore such valuable papers and records. The total amount payable in anyone occurrence under this Extension of Coverage shall not exceed the limit specified above. regardless of the number of premises designated in the Declarations. D. Outdoor Trees, Shrubs and Plants: The insured may apply up to $1,000 to Cover outdoor trees, shrubs and plants at the designated premises against direct loss in anyone occurrence by the perils of fire, lightning,. explosion,riot, civil commotion or aircraft, but only to the extent such perils are insured against herein. The Company shall not be liable for more fhiln $250 on anyone tree, shrub or plant, including expense incurred for removing debris thereof. E. Extra Expense: The insured may apply up to $1,000 to cover the necessary extra expense incurred by the insured in order to continue as nearly as practicable the normal operations of the insured's business immediately fOllOWing damage by a peril not otherwise excluded under this form to the buildings or personal property situated at the designated premises. "Extra expense" means the excess of the total cost incurred during the period of restoration chargeable to the operations of the insured's business over and above the total cost that would normally have been incurred to conduct the business during the same period had no loss occurred. Any salvage value of property obtained for temporary use during the period of restoration, which remains after the resumption of normal operations, shall be taken into consideration in the adjustment of any loss hereunder. "Period of restoration" means that periOd of time, commencing with the date of damage and not limited by the date of expiration of this pOlicy, as would be required with the exercise of due diligence and dispatch to repair, rebuild or replace such part of said buildings or personal property as have been damaged. The Company shall not be liable under this Extension of Coverage for: 1. lossot income; 2. the cost of repairing or replacing any of the described property, or the cost of research or other expense necessary to replace or MP 00 14 (Ed. 01 83) restore computer programs and books of account, manuscripts, abstracts, drawings, card index systems, film, tape, disc, drum, cell and other magnetic recording or storage media for electronic data processing, and other records that have been. damaged by a peril not otherwise excluded, except cost in excess of the normal cost of such repair, replacement or restoration necessarily in- curred for the purpose of reducing the total amount of extra expense. In no event shall such excess exceed the amount by which the total extra expense otherwise payable under this Exten- sion of Coverage is reduced; or 3. any other consequential or remote loss. F. Damue to Buildings from Theft,Burglary or Robbery: This pOlicy in- cludes loss (except by fires or explosion) to that part of the building oc- cupied by the insured and containing property covered, and to equipment therein pertaining to the service of the building but not building property or equipment removed from premises, directly resulting from theft, burglary or robbery (including attempt thereat), provided the insured is the owner of such building or equipment or is liable for such damage, but in no event shall this coverage apply to glass (other than glass building blocks) or to any lettering or ornamentation thereon. G. Transportation: The insured may apply up to $1,000 to cover insured personal property (other than property," the care, custOdy or control of salesmen) during transportation by motor vehicles owned, leased or oper- ated by the Insured for loss in anyone occurrence caused by: 1. fire, lightning, windstorm and hail, explosion, smoke, riot, riot attending a strike and civil commotion. vandalism and malicious mischief: or 2. collision, overturning or upset of the vehiCle; meaning thereby the violent and accidental contact of the vehicle conveying the property described herein with any other vehicle or object exclud- Ing any loss or damage done by coming In contact with any portion of the road bed or by means other than as expressly indicated; or 3. theft of an entire shipping bale, case or paCkage from a vehicle while such property is contained in a fully enclosed and securely locked bOdy or compartment and theft results from forcible entry, evidenced by visible marks upon such bOdy or compartment. H. Non-Owned Personal Property: The insured may apply at each loca- tion up to 2% of the limit of liability specified for Personal Property of the Insured at such location, but not exceeding $2,000, as an additional amount of insurance, to cover for the account of the owners thereof (other than the named insured) direct loss by a peril insured against to personal property, similar to that covered by this policy, belonging to others while in the care, custody or control of the named insured and all while (1) in or On the bUilding(s), or (2) in the open (including within vehicles) on or within 100 feet of the designated premises. Loss shall be adjusted with the named insured for the account of the owners of the property, except that the right to adjust any loss with the owners IS reserved to the Company and the receipts of the owners in satisfaction thereof shall be in full satisfaction of any claim by the named insured for which payments have been made. As respects persOnal property belf)nging to others, this provision shall replace any loss payable prOvision of this policy. I. Off-Premises: The insured may apply up to 2% of the limit of liability specified for Personal Property of the Insured, but not exceeding $5,000 nor less than $1,000, at a described location to cover direct loss in any one occurrence by a peril not otherwise excluded to the property covered under Personal Property of the Insured (other than merchandise or stock) while removed from designated premises. This Extension of Cov. erage shall not apply: (a) to loss by theft, (b) to property in transit nor (c) to property on any premises owned, leased, operated or controlled by the insured. Page 2 of 4 - f e e e '<I! .1 I GL 99 17 (Ed, 03 81) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (TIle feIIowInIlnfonutioIIlI rtqIIinId 0lIIy when this endorsement is Issued ......... to pllplratIon of poIIc,.) Endorsement effective PoIic, No. Endorsement No, Named Insured Countersi,ned by (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relatin, to the followin,: COMPREHENSIVE GENERAL LIABILITY INSURANCE COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE CONTRACTUAL LIABILITY INSURANCE MANUfACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE AMENDMENT -LIMITS OF LIABILITY (Sin,le Limit) (Individual Covera,e Aure,ate Limit) Covera e Bodily Injury Liability and Property DaNIt Liability It is agreed that the provisions of the policy captioned "LIMITS Of LIABILITY" relating to Bodily Injury Liability and Property Damalt lia- bility are amended to read as follows: LIMITS Of LIABILITY Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain bodiIr injury or property damlp, or (3) claims made or suits brought on account of bodily Injury or property damalt, the company's liability is limited as follows: BcldiIy Injury UabiIity and Property DIfIIII' LiabilIty: (a) The limit of liability stated in the Schedule of this endorsement as applicable to "each occumnce" is the total limit of the com- pany's liability for all damages including damages lor care and loss of services because of bodily injury and property daN,' sustained by one or more persons or organizations as a result of anyone occumnce, provided that with respect to any OCCUITIIlCI for which notice of this poliCY is given in lieu of security or when this policy is certified as proof of financial responsibility under the provisionS of the Motor Vehicle Financial Responsibility law of any state or province such limit of liability shall be applied to provide the sepa. rate limits required by such law for Bodily Injury Liability and Property Dama,e Liability to the extent of the covera,e required by such law, but the separate application of such limit shall not increase the total limit of the company's liability. (b) Subject to the above provision respectin, "each OCCUITIIlCI", the total liability of the company for all dama,es because of all bodily Injury and ~ datu,. which occurs durina each annual period while thIS policy is in force commencina from its effective date and which is described in any of the numbered subparagraphs below shall not .xceed the limit of liability stated in the Schedule of this endorsement as "aUrI,at.": (1) all property daNII arising out of premises or operations rated on a remuneration basis or Contractor's equipment rat- ed on a receipts basis, includin, property dame,e for which liability is assumed under any iIIcIdentaI contract relating to such premises or operations, but Ixcludin, pnpIIty ....,. GL 99 17 03 81 included In sUbpara,raph (2) below; (2) all property daN,' arising out of and occurring in the course of operations performed for the named Insured by independ- ent contractors and general supervision thltreof by the named Insured, including any such property dama,. for which liabili- ty is assumed under any Incldenul connet relating to such operations, but this subpara,raph (2) does not include ~ erty dama,. arising out of maintenance or repairs at premises owned by or rented to the named insured or structural altera- tions at such premises which do not involve chan,ing the size of or movin, buildings or other structures; (3) if Product~mpleted Operations insurance is afforded, all bodily Injury and property dameI' included within the c0mp- leted operItIons hazard and all bodily Injury and property dalllll included within the products hazard; (4) if Contractual Liability Insurance is afforded, all property darna,. for which liability is assumed under any contract to which the Contractual liability Insur.nce applies. Such aRregate limit shall apply separately: (i) to the property darnall described in subparagraphs (1) and (2) and separately with respect to each project away from premises owned by or rented to the nanIId Insured; (Ii) to the sum of the damales for all bodily Injury and property ......... described in subpar.,r.ph (3); and (Iii) to the property dalll" described in subparagraph (4) and separately with respect to each project away from premises owned by or rented to the ........ Insured. (c) For the purpose of determining the limit of the company's liability, all bodily InjUIY and property darnallafising out of continuous or repeated exposure to substantially the same generel condition shall be considered al arisin, out of one occutrIIICe. . :r.-': sLp COMPREHENSIVE CRIME COVERAGI ENDOllSEMENT .....; SECTION 111- CRIME COVERAGE This endoriitilt ~i!.I.Lb..eAhei!..tg,1flbH No." . JII6 _ of the MJI ...... I...-a caw M'I (herein called Company) The Insuring Agreements, General Agreements, Conditions and limitations and other terms of this endorsement shall apply only as specified herein and none of the provisions, stipulations and other terms of the policy to which this endorsement is attached shall apply to insurance hereunder unless so specified. DECLARATIONS Item 1. Effective Period: from 12:01 a.m. ~~ to 12:01 a.m, on the ( 0 th, ay, ear) ellectlve dale of the cancellation or termination of the policy to which thiS endorsement IS attached, standard time at the location of deSignated premises shown In the policy to which thiS endorsement is attached as to each of said dates, unless this endorsement is canceled or terminated as hereinafter provided or In any other manner. Item 2. o . MP 04 50 (Ed. 12 79) Insurance Company. Table of Limits of Liability Insuring Agreement IA Employee Dishonesty (Commercial Blanket) Coverage Insuring Agreement IB Employee Dishonesty (Blanket Position) Coverage Ins.Jring Agreement II loss Inside the Premises Coverage Insuring Agreement III loss Outside the Premises Coverage Insuring Agreement IV Money Orders and Counterfeit Paper Currency Coverage Insuring Agreement V Depositors Forgery Coverage If added by endorsement: Insuring Agreement Item 3. The liability of the Company is subject to the terms of the following endorsements attached hereto: . 51 " Item 4. The Insured by the acceptance of thiS endorsement gives notice to the Company terminating or cancelling prior bond(sl or policY(lesl No.(s) such termination or cancellation to be eNective as of the time thiS endorsement becomes effective. The Company, in consideration of the payment of the premium, and subject to the Declarations made a part hereof, the General Agreements, Conditions and limitations and other terms of this endorsement, agrees with the Insured, in accordance with such of the Insuring Agreements hereof as are specifically designated by the insertion of an amount of insurance in the Table of Limits of liability of this endorsement, to pay the Insured for: n I'" INSURING AGREEMENTS EMPLOYEE DISHONESTY COMMERCIAL BLANKET COVERAGE IA. loss of Money, Securities and other property which the Insured shall sustam, to an amount not exceeding in the aggregate the amount stated in the Table of limits of liability applicable to this Insuring Agreement lA, resulting directly from one or more fraudulent or dis. honest acts committeed by an Employee, acting alone or in collusion with others, Dishonest or fraudulent acts as used in this Insuring Agreement shall mean only dishonest or fraudulent acts committed by such Em. ployee with the manifest intent: (a) to cause the Insured to sustain such loss; and (b) to obtain financial benefit for the Employee, or for any other person or organization intended by the Employee to receive such benefit, other than salaries, commissions, fees, bonuses, promo- tions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employment. EMPLOYEE Of SHONE STY BLANKET POSITION COVERASE lB. loss of Money, Securities and other property which the Insured shall sustain resulting directly from one or more fraudulent or dis. honest acts committed by an Employee, acting alone or in collusion with others, the amount of insurance on each of the Employees being the amoun,t stated in the Table of limits of liability applicable to this Insuring Agreement lB. Dishonest or fraudulent acts as used in this Insuring Agreement shall mean only dishonest or fraudulent acts committed by such Em. ployee with the manifest intent: (a) to cause the Insured to sustain such loss; and MP 04 50 (Ed. 12 79) ~, (b) to obtain financial benefit for the Employee. or for any other person or organization intended by the Employee to receive such benefit, other than salaries, commissions, fees, bonuses, promotions, awards, profit sharing. pensions or other employee benefits earned in the normal course of employment. LOSS INSIDE THE PREMISES COVERAGE II. loss of Money and Securities by the actual destruction, disappear. ance or wrongful abstraction thereof within the Premises or within any Banking Premises or similar recognized places of safe deposit. loss of (a) other property by Safe Burglary or Robbery within the Premises or attempt thereat" and (b) a locked cash drawer, cash box or cash register by felonious entry into such container within the Premises or attempt thereat or by felonious abstraction of such con. tainer from within the Premises or attempt thereat. Damage to the Premises by such Safe Burllary, Robbery or felonious abstraction, or by followinl burllarious entry into the Premises or at. tempt threat, provided with rlS~t to dama.. to the Premises the insured is the owner thereof or IS liable for such dall1llt. LOSS OUTSIDE THE PREMISES COVERAGE III. loss of Money and Securities by the actual destruction, disap- pearance or wrongful abstraction thereof outside the Premises while being conveyed by a Messenger or any armored motor vehicle com- pany, or while within the living quarters in the home of any Mes. senger, loss of other property by Robbery or attempt thereat outside the Premises while being conveyed by a Messenger or any armored motor vehicle company, or by theft while wit~in the living quarters in the home of any Messenler. 'ap 1 If 5 (c) any payrol ~heck. p~yroll draft or payroll order made or drawn by the .Insure~, payable to bearer as well as to a named payee and endorsed' by anyone other than the named payee without authority from such payee: , whether or not any endorsement mentioned in (a), (b) or (c) be a forgery within the law of the place controlling the construction thereof. Mechanically reproduced facsimile signatures are treated the same as handwritten signatures. The Insured shall be entitled to priority of payment over loss sus. tained by any bank aforesaid. loss under this Insuring Agreement, whether sustained by the Insured or such bank, shall be paid di. rectly to the Insured in its own name, except in cases where such bank shall have already fully reimbtKsed the Insured for such Ion. The liability of the Company to such bank for such loss' shall be a part of and not in addition to the amount of insurance applicable to the Insured's office to which such loss would have been' allocated had such loss been 6usblined by the Insured. If the Insured or such bank shall refuse to pay any of the fore. going instruments made or drawn as hereinbefore set forth, alleging that such instruments are forged or altered, and such refusal shall result in suit being brought against the Insured or such bank to en. force such payment and the Company shall give' its written . consent to the defense of such suit, then any reasonable attorneys' fees, court costs, or similar legal expenses incurred and paid by the In. sured or such bank in such defense shall be construed to be a loss under this Insuring Agreement and the liability of the Company for such loss shall be in addition to any other liability urn:ler tWs Insur. ing Agreement. " GENERAL AGREEMENTS (1) the insurance under this General Agreement C shell be a part of and not in addition to the amount of insurance afforded by the applicable Insuring Agreement of this endorsement; ',-- , MONEY ORDERS AND COUNTERFEIJ PAPER CURRENCY COVERAGE IV. loss due to the acceptance in good faith, in exchange for merchan dise, money or services, of any post office or express money order, issued or purporting to have been issued by any post office or express company, if such money order is not paid upon presentation, or due to the accept- ance in good faith in the regular course 01 business of counterfeit United States or Canadian paper currency. DEPOSITORS FORGERY COVERAGE V. Loss which the Insured or any bank which is included in the In. sured's proof of loss and in which the Insured carries a checking or savings account, as their respective interests may appear, shall sus. tain through forgery or alteration 01, on or in any check, draft, prom- issory note, bill of exchange, or similar written promise, order or di. rection to pay a sum certain in money, made or drawn by or drawn upon the Insured, or made or drawn by one acting as agent of the Insured, or purporting to have been made or drawn as hereinbefore set forth, including (a) any check or draft made or drawn in the name of the Insured, payable to a fictitious payee and endorsed in the name of such fictitious payee; (b) any check or draft procured in a lace to face transaction with the Insured, or with one acting as agent 01 the Insured, by anyone impersonating another and made or drawn payable to the one so impersonated and endorsed by anyone other than the one soim. personated; and ' CONSOLlDATION.MERGER A. If, through consolidation or merger with, or purchase of assets of, some other concern, any persons shell become Employees, the insurance afforded by this endorsement shall also apply as respects such Employees, provided the Insured shall give the Company written notice thereof within thirty days thereafter and shall pay the Com. pany an additional premium computed pro rata from the date of such consolidation, merger or purchase to the end pf the current premium period, JOINT INSURED B. If more than one Insured is covered under this endorsement, the Insured first named shall act for itself and for every other Insured for all purposes of this endorsement. Knowledge possessed or dis- covery made by any Insured or by any partner or officer thereof shall, for the purposes of Sections 7, 8 and 15, constitute knowledge possessed or discovery made by every Insured. Cancellation of the tn. surance hereunder as respects any Employee as prOVided In Section 15 shall apply to every Insured. If, prior to the cancellatton or ter- mmatlon of thiS endorsement, this endorsement or any Insuring Agreement hereof IS canceled or terminated as to any Insured, there shall be no liability for any loss sustained by such Insured unless discovered wlthm one year from the date of such cancellation or ter. mination, or as respect5 Insuring Agreement IB, within two years therefrom, Payment by the Company to the Insured first named of any loss under this endorsement shall fully release the Company on account of such loss, If the Insured first named ceases for any rea. son to be covered under this endorsement, then the Insured next named shall thereafter be considllred as the Insured first named for all purposes of this endorsement. LOSS UNDER PRIOR BOND OR POLICY C. If the coverage 01 an Insuring Agreement 01 this endorsement other than Insuring Agreement V, is substituted for any prior bond or policy of insurance carr ied by the Insured or by any predecessor in interest of the Insured, which prior bond or policy is terminated, canceled or allowed to expire as of the time of such substitution, the Company agrees that such Insuring Agreement applies to 10$$ which is discovered as provided in Section 1 of the Conditions and limitations and which would have been recoverable by the Insured or such predecessor under such prior bond or policy except for the fact that the time within which to discover loss thereUllder had ex. pired; provided: MP 04 50 (Ed. 12 79) (2) such loss would have been covered under such Insuring Agree. ment had such Insuring Agreement with its agreements, condi. tions and limitations as 01 the time of such substitution been in force when the acts or events causing such loss were committed or occurred; and . . (3) recovery under' such Insuring Agreement on Account of such loss shall in no event exceed the amount which would have been recoverable under such Insuring Agreement in the amount for which it is written as of the time of such substitution, had such Insuring Agreement been in force when such acts or events were committed or occurred, or the amount which. would have been reo coverable under such prior bond or policy had such prior bond or policy continued in force until the discovery .of such loss, if the latter amount be smaller. Insuring Agreement V' shall also cOlIer loss sustained by the In. sured at any time before the termlllatlon or cancellatton of Insuring Agreement V, which would have been recoverable under the cover. age of some similar form of forgery insurance (exclusive of fidelity insurance) carried by the Insured or any predecessor In interest of the Insured, had such prior forgery insurance given all of the coverage afforded under Insuring Agreement V; provided, with respect to loss covered by this paragraph: (a) the coverage of Insuring Agreement V is substituted on or after the date hereof for such prior forgery coverage and the Insured or such predecessor, as the case may be, carried such prior for. gery coverage on the office at which such loss was sustained con. tinuously Irom the time such loss was sustained to the date the coveraga of Insuring Agreement V was substituted therefor; (bl at the time of discovery of such loss, the period for discovery of loss under all such prior forgerY insurance has expired; and (c) if the amount of insurance carried under Insuring Agreement V applicable to the office at which such loss is sU$tained .is larger than the amount applicable to such offICe under such prior forgery insurance, and in force at tne time such loss is sultailled. then liability hereunder for such loss shall not exceed. the .,smalltt amount. '11" .. 5 ~ THE FOREGOING INStRING AGREEMENTS AND GENERAL AG~EE~N~S ARE SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: EFFECTIVE PERIOD, TERRITORY, DISCOVERY Section 1, loss is covered under Insuring Agreement 18 of this endorsement only if discovered not later than two years from the end of the Effective Period of this endorsement. Except under Insur. ing Agreement IB, loss is covered under this endorsement only if dis. covered not later than one year from the end of such Effective Period, Subject to General Agreement C: (a) this endorsement, except under Insuring Agreement lA, IB and V, applies only to loss which occurs during the Effective Period of this endorsement within any of the States of the United States of America, the District of Columbia, Virgin Islands, Puerto Rico, Canal Zone or Canada; (bl Insuring Agreements IA and 18 apply only to loss sustained by the Insured through fraudulent or dishonest acts committed duro ing the Effective Period of this endorsement by any of the Em. ployees engaged in the regular service of the Insured within the territory designated above or while such Employees are elsewhere for a limited period; (c) Insuring Agreement V applies only to loss sustained during the Effective Period of this endorsement. EXCLUSIONS Section 2, This endorsement does not apply: (a) to loss due to any fraudulent, dishonest or criminal act by any Insured or a partner therein, whether acting alone or in collusion with others; (b) under Insuring Agreement IA or IB, to loss. or to that part of any loss, as the case may be, the proof of which, either as to its factual existence or as to its amount, is dependent upon an inven. tory computation or a profit and loss computation; (cl under Insuring Agreements II and III. to loss due to any fraudu. lent, dishonest or criminal act by an Employee, director, trustee or authorized representative of any Insured, while working or other. wise and whether acting alone or in coli usion with others; pro. vided, this Exclusion does not apply to Safe Burglary or Robbery or attempt thereat; (d) under Insuring Agreements II and III, to loss due to war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing; (el under Insuring Agreements II and III, to loss (1) due to the giv. ing or surrendering of Money or Securities in any exchange or pur. chase; (2) due to accounting or arithmetical errors or omissions; or (3) of manuscripts, books of account or records; (I) under Insuring Agreement II, to loss of Money contained in coin operated amusement devices or vending machines, unless the amount of Money deposited within the device or machine is reo corded by a continuous recording instrument therein; (gl under Insuring Agreement III, to loss of insured property while in the custody of any armored motor vehicle company, unless such loss is in excess of the amount recovered or received by the In. sured under (\) the Insured's contract with said armored motor vehicle company, (2) insurance carried by said armored motor ve. hlcle company for the benefit of users of its service, and (3) all other insurance and indemnity in force in whatsoever form car. lied by or for the benefit of users of said armored motor vehicle company's service, and then this endorsement shall cover only such excess; (h) under Insuring Agreement II, to loss, other than to money, securi- ties, a safe or vault, by fire whether or not such fire is caused by, tOlltllbuted to by, or arises out of the occurrence of a hazard insured aplnst; "P 04 50 (Ed. 12 79) ~..;~ ~.;~r ,J. (i) under Insuring Agreements II and III, to loss due to nuclear reac- tion, nuclear radiation or radioactive contamination. or to anyac~ or condition Incident to any of the foregoing; (j) to and the Company is not liable for: (i) Potential income, including but not limited to interest and divi- dends, not realized by the Insured because of a loss covered under this Policy. (ii) All damages of any type for which the Insured is legally liable, except direct compensatory damages arising from a loss covered under this Policy. (iii) All costs, fees and other expenses incurred by the Insured in establishing the existence of or the amount of loss covered under this Policy, (iv) Uability of the Insured under contracts or purported contracts of insurance, indemnity or suretyship, except (1) loss resulting directly from the fraudulent or dishonest acts of an Employee which create a liability for the return of unearned premiums upon cancel- lation of such contracts, or (2) loss resulting directly from the fraudulent or dishonest acts of an Employee in adjusting or paying fictitious or fraudulent claims asserted under valid contracts of insurance, indemnity or suretyship; or (v) Liability of the insured because an inspection. title search, surveyor report was made, not made or improperly made; (k) to the defense of any legal proceeding brought against the in- sured, or to fees, costs or expenses incured or paid by the insured in prosecuting or defending any legal proceeding whether or not such proceeding results or WOIlld result in a loss to the insured covered by this policy; (I) to loss due to the surrender of Money, Securities or other property away from the premises as a result of a threat to do (1) bodily harm to any person, or (2) damage to the Premises or property owned by the insured or held by the insured in any capacity; provided,however, these exclusions do not apply: (i) to Insuring Agreement IA or IB if coverage is afforded there- under, or (ii) under Insuring Agreement III if coverage is afforded there- under, to loss of Money, Securities or other pr~ty while being conveyed by a Messenger when there was no knowledge by the insured of any such threat at the time the conveyanc.was initiated. L ~ DlFlNITIDNS Section 3. The followtng terms, as used tn thiS endorsement. shall have the respective meanings stated in this Section: "Money" means currency, coins, bank notes and bullion; and travel. ers checks, register checks and money orders held for sale to the public, "Securities" means all negotiable and non. negotiable instruments or contracts representing either Money or other 'property and in. cludes revenue and other stamps in current use, tokens and tickets. but does not include Money, "Employee" means any natural person (except a director or trustee of the Insured, if a corporation, who is not also an officer or employee thereof in some other capacity) while in the regular service of the Insured in the ordinary course of the Insured's business during the Effective Period of this endorsement and whom the Insured com. pensates by salary, wages or commissions and has the right to govern and direct in the performance of such service, but does not mean any broker, factor, commission merchant, consignee, contractor or other agent or representative of the same general character, As applied to loss under Insuring Agreement IA or IB the above words "while in the regular service of the Insured" shall include the first 30 days thereafter; subject, however, to Section 15 or 16. "Premisls" means the interior of that portion of any building which is occupied by the Insured in conducting its business. ~ 'lit Jon .., 4 i -;! ., I "Banking Premises" means the interior of that portion of any build. ing which is occupied by a banking institution in condutting its business. "Messenger" means the Insured or a partner of the Insured or any Employee who is duly authorized by the Insured to have the care and custody of the insured property outside the Premises. "Custodian" means the Insured or a partner of the Insured or any Employee who IS duly authorized by the Insured to have the care and custody of the insured property within the Premises, excluding any person while acting as a watchman, porter or janitor. "Robbery" means the taking of insured property (1) by violen~e inflicted upon a Messenger or a Custodian; (2) by putting him in fear of violence; (3) by any other overt felonious act committed in his presence and of which he was actually cognizant, provided such other act is not committed by a partner or Employee of the Insured; (4) from the person or direct care and custody of a Messenger or Custodian who has been killed or rendered unconscious; or (5) under Insuring Agreement II, (a) from within the Premises by means of compelling a Messenger or Custodian by violence or threat of violence while out side the Premises to admit a person into the Premises or to furnish him with means of ingress into the Premises, or (b) from a showcase or show window within the Premises while regularly open for busl' ness, by a person who has broken the glass thereof from outside the Premises. "Safe Burglary" means (1) the felonious abstraction of insured property from within a vault or safe, the door of which is equipped with a combination lock, located within the Premises by a person making a felonious entry into such vault or such safe and any vault containing the safe, when all doors thereof are duly closed and locked by all combinatIOn locks thereon, provided such entry shall be made by actual force and violence, of which force and violence there are visible marks made by tools, explosives. electricity or chemicals upon the exterior of (a) all of said doors of such vault or such safe and any vault containing the safe. if entry is made through such doors, or (b) the top, bottom or walls of such vault or such safe and any vault containing the safe throu!!h which entry is made, if not made through such doors, or (2) the felonious abstraction of such safe from within the Premises. "Loss". except under Insuring Agreements IA. IB and V, includes damage. LOSS CAUSEO BY UNIDENTIFIABLE EMPLOYEE Section 4. If a loss is alleged to have been caused by the fraud or dishonesty of anyone or more of the Employees covered under Insur. ing Agreement IA or IB, as the case may be, and the Insured shall be unable to deSignate the specifiC Employee or Employees causing such loss, the Insured shall nevertheless have the benefit of such appli- cable Insuring Agreement subject to the provisions of Section 2 (b) of this endorsement provided that the evidence submitted reasonably proves that the loss was in fact due to the fr aud or diShonesty of one or more of the said Employees, and provided, further, that the aggre- gate liability of the Company for any such loss shall not exceed the Limit of Liability applicable to such Insuring Agreement OWNERSHIP OF PROPERTY; INTERESTS COVEREO Section 5. The Insured property may be owned by the Insured, or held by the Insured in any capacity whether or not the Insured is Ii. able for the loss thereof, or may be property as respects which the Insured is legally liable; prOVided, Insuring Agreements II, III and IV apply only to the Interest of the Insured in such property, including the Insured's liability to others, and do not apply to the interest of any other person or organization in any of said property unless in cluded in the Insured's proof of loss, in which event the third para. graph of SectIOn 8 is applicable to them BOOKS ANO RECOROS Section 6. The Insured shall keep records of all the Insured prop. erty in such manner that the Company can accurately determine therefrom the amount of loss. MP 04 50 (Ed. 12 79) PRIOR F'RAUD,lD;SHONESTY OR CANCELLATION Section 7. The coverage of Insuring Agreement IA or IB shall not dpply to any Employee from and after the time that the Insured or any partner or officer thereof not In collUSion with such Employee shall have knowledge or infor mati on that such Employee has com- milled any fraudulent or dishonest act in the service of the Insured or otherwise, whether such act be cummitted before or after the date of employment by the Insured. It. prior to the issuance of this endorsement, any fidelity Insurance In favor of the Insured or any predecessor in Interest of the Insured and covering one or more of the Insured's Employees shall have been canceled as to any of such Employees by reason of the giving of wllllen notiCe of cancellation by the insurer ISSUing such lidelity in. surance whether the Company or not, and if such Employees shall not have been reinstated under the coverage of said fidelity insurance or superseding fidelity insurance, the Company sha~ not be liable on account of such Employees unless the Company shall agree in writing to include such Employees within the coverage of Insuring Agreement IA or IB, as the case may be. LOSS; NOTICE; PROOF; ACTION AGAINST COMPANY Section 8. Upon knOWledge or discovery of loss or of an occur. rence which may give rise to a claim for loss, the Insured shall: (a) give notice thereof as soon as practicable to the Company or any of ItS authorized agents and, except under Insuring Agreements IA or IB, and V, also to the police if the loss is due to a violation of law; (b) file detailed proof of loss, duly sworn to, with the Company within four months after the discovery of loss. Proof of loss under Insuring Agreement V shall include the instru- ment which is the basis of claim for such loss, or if it shelll be im. pOSSible to file such instrument, the affidavit of tile Insured or the Insured's bank of deposit setting forth the amount and cause of loss shall be accepted in lieu thereof. Upon the Company's request, the Insured shall submit to examina. tlon by the Company, subscrrbe the same, under oath if required, and ploduce for the Company's examination all pertinent records, all at such reasonable times and places as the Company shall designate, and shall cooperate with the Company in all matters pertaining to loss or claims with respect thereto. No action shall lie against the Company unless, as a condition precedent thereto, there shall have tleen full compliance with all the terms of thiS endorsement nor until ninety days after the required proofs of loss have been filed with the Company, nor at all unless cummenced Within two years from the date when the Insured dis. covers the loss. If any limitation of time for notice of loss or any legal proceedlnl( herein contained is shorter than that permitted to be II~ed by agreement under any stcltute controlling the construction of thiS endorsement the shortest permissible statutory limitation of time shall govern and shall supersede the time limitation herein stated. VALUATION: PAYMENT; REPLACEMENT Section 9. I n no event shall the Company be liable as respects Securi- ties for more than the actual cash value thereof at the close of business on the business day next preceding the day on which the loss was discovered, nor as respects other property for more than the acutal cash value thereof at the time of loss; prOVided, however, the actual cash value of such other property held by the Insured as a pledge, or as collateral lor an advance or a loan, shall be deemed not to exceed the value of the property as determined and recorded by the Insured when making the advance or loan, nor, in the absence of such record, the unpaid portion of the advance or loan plus accrued interest thereon at legal rates. The Company may, with the consent of the Insured, settle any claim for loss 01 property with the owner thereof. Any property for which the Company has made indemnification shall become the property of the Company. In case of damage to the Premises or loss of property other than Securities, the Company shall not be liable for more than the actual cash value of such property, or for more than the actual cost of repairing such Premises or property or of replacing same with property or material of like quality and value. The Company may, at its election, pay such actual cash value, or make such repairs or replacements. If the Company PaCI 4 01 5 OTHER INSURANCE SectIOn IJ If there IS available to the Insured any other in. surance or indemnity covering any loss covered by Insuring Agree. /lient lA, 18 or V the Company shall be liable hereunder only for that pdrt of such loss which IS III excess of the amount recover able or recovered from such other insurance or indemnity, except that if Section ] 9. The Waiver or Change of Provisions condition such other insurance or Ifldemnlty is a bond or policy of fidelity in. H1 the PoliCY General Conditions applies This Endorsement must be attached to Change Endorsement when issued after the Policy is written. and thl) Insured cannot agree upon such cashJI~e. or sucl1 cost of repairs or replacements, such cash value or su. cost shall be deter- mined by arbitralion. RECOVERIES SectIOn 10. If fhe Insured shall sustain any loss covered by this endorsement which exceeds the applicable amount of insurance hereunder, the Insured shall be entitled to all recoveries (except from suretyship, insurance, reinsurance, security or indemnity taken by Oi for the benefit of the Company) by whomsoever made, on ac. count of such loss under thiS endorsement until fully reimbursed, less the actual cost of effectin~ the same; and any remainder shall be applied to the reimbursement of the Company. LIMITS Of LIABILITY Section 1]. Payment of loss under Insuring Agreement lA, IB or Y shall not reduce the Company's liability for other losses under the applicable InSUring Agreement whenever sustained. The Company's total liability (a) under Insuring Agreement IA for all loss caused by any Employee or HI which such Employees is concerned or implicated, (b) under Insuring Agreement IB as to each Employee or (c) under Insuring Agreement V for all loss by forgery or alteration committed by any person or in which such person is concerned or implicated, whether such forgery or alteration involves one or more instruments, is limited to the applicable amount of insurance specified in the Table of Limits of Li~bility or endorsement amendatory thereto. The liability of the Company for loss sustained by any or all of the Insured shall not exceed the amount for which the Company would be liable had all such loss been sustained by anyone of the Insured. Except under Insuring Agreements lA, IB and V the applicable limit of liability stated in the Table of Limits of Liability of this endorsement is the total limit of the Company's liability with respect to all loss of property of one or more persons or organizations arising out of anyone occurrence. All loss Incidental to an actual or attempted fraudulent, dishonest or criminal act or series of related acts at the Premises, whether committed by one or more persons, shall be deemed to arise out of one occurrence. Regardless of the number of years this endorsement shall con. tinue in force and the number of premiums which shall be payable or paid, the limit of the Company's liability as specified in the Table of Limit, of liability of thiS endorsement shall not be cumulative year to year or period to period. LIMIT Of LIABILITY UNDER THIS ENDORSEMENT AND PRIOR INSURANCE Section ] 2. This Section shall apply only to Insuring Agreements lA, IB and Y, , With respect to loss caused by any person (whether one of the Employees or not) or in which such person IS concerned or implicated or whletl IS chargeable to any Employee as prOVided In Section 4 and which Occurs partly dUring the Effective Period of thiS endorse. ment and partly during the period of other bonds or pOlicies Issued by the Company to the Insured or to any predecessor in interest of the Insured and terminated or canceled or allowed to explfe and in which the period for discovery has not expired at the time any such loss thereunder is discovered, the total liability of the Company under tillS endorsement and under such other bonds or policies shall not exceed, in the aggregate, the amount carried under the applicable Insuring Agreement of this endorsement on such loss or the amount J~JilatJle to the Insured under such other bonds or policies, as limited by the terms and conditions thereof, for any such loss, if the latter amount be the larger. J ~ :~ ~ "' .1 J MP 04 50 (Ed. ]2 79) f' surance, any loss covered ~:der .both such fidelity insurance. and . Insuring t\greement Y shall t;~t be paid under Insuring Agreement V. Any loss covered under both Insuring Agreements IA and IB and also under Insufmg Agreement V shall be first paid under Insuring Agree- ment Y and the excess, if any, shall be paid under Insuring Agree- ment IA or IB, as the case may be. The Company waives any right of contribution whiCh it may have against any forgery insurance carried by any depository bank which is indemnified under Insuring Agree- ment V. Under any other Insuring Agreement. If there is any other valid and collectible Insurance which would apply in the absence of such Insuring Agreement, the Insurance under this endorsement shall apply only as excess insurance over such other insurance; provided, the insurance shall not apply (al to property which is separately described and enumerated and specifically insured in whole or in part by any other insurance; or (b) to property otherwise insured unless such property is owned by the Insured. e SUBROGATION Section 14. Paragraph (a) of the SUbrogation condition found in the Policy Conditions and Definitions Form applies. CANCELLATION AS TO ANY EMPLOYEE Section 15. Insuring Agreements lA or IB shall be deemed cancelled as to any Employee: (a) immediately upon discovery by the Insured, or by any partner or officer thereof not in collusion with such Employee, of any fraudulent or dishonest act on the part of such Employee; or (b) at noon, standard time as aforesaid, upon the effective date speCified in a written notice mailed to the Insured. Such date shall be not less than ten days after the date of mailing. The mailing by the Company of notice as aforesaid to the Insured at the mailing address shown in the policy to which thiS endorsement is attached shall be sufficient proof of notice. Delivery of such written notice by the Company shall be equivalent to mailing. CANCElLATION OF ENDORSEMENT OR INSURING AGREEMENT Section 16. This endorsement or any Insuring Agreement thereof may be cancelled by the Insured by mailing to the Company written notice stating when thereafter the cancellation shall be effective. This endorse. ment or any such I nsuring Agreement may be cancelled by the Company by mailing to the Insured at the mailing address shown in this policy to which this endorsement is attached wrrtten nollce stating when not less than ten days thereafter such cancellation shall be effective. The mailing of nollce as aforesaid shall be sufficient proof of notice. The effective date of cancellation stated in the notice shall become the end of the Effective Period of this endorsement for any affected Insuring Agreement. Delivery of such written notice either by the Insured or by the Company shall be equivalent to mailing. It the Insured cancels, earned premium shall be computed in ac- cordance With the customary short rate table and procedure, It the Company cancels, earned premium shall be computed pro rata. Pre- mium adlustment may be made either at the tllne cancellation IS ellected or as soon as praclicable alter cancellation becomes eltec. live, but payment ur lender of unearned premium IS not a conditIOn at cancellatron. e NO BENEfIT TO BAILEE SectIOn ] 7. This Section shall apply only to Insuring Agreements " and III. The No Benefit to Bailee condition found in the Policy Conditions Applicable 10 Sectron I apply ASSIGNMENT Section 18 The ASSignment condition found in the Pclicy Gen. eral Conditions applies CHANGES found e p ~re 5 of 5 ~, '< /"!l ;,?:................. j I ~t " , :;~ e ;';.i~." :,;;',,' >- . . e ;( .;" .' . '1 j I.'; ".".. ' .,/t . ,COII'l!i.URANCE CONTRACT ,I SPECIAL MULTI-PERil POLllv SECTION I-GENERAL PERSONAL PROPERTY FORM MP 00 12 (Ed. 01 83) .~' , 0 - . 'i.a- . u , .- iCi '.. . 1982 I. PROPERTY COVERED PERSONAL PROPERTY OF THE INSURED: BUSiness per~onal property owned by the IIlsured and usual to the occupancy 01 the Insured, including the In~ured's Interest In personal property owned by others to the extent of the value of labor. malellals and charge~ furnished, performed or Incurred by the Insured; all while (I) In or on the bUlldlng(s) or (2) In the open (including within vehicles) on or within 100 feet of Ihe deSignated premises ThiS coverage shall also Inelude Tenant's Improvements and Betterments, meaning the Insured's use Interest In fixtures, alleratrons, installations or additions comprising a pari of the bUlldlng(s) occupied but not owned by the Insured and made or acqUired at the expense of the Insured exelu slve of rent paid by the Insured, but which are not legally sublect to re' moval by the Insured, PERSONAL PROPERTY OF OTHERS: ThiS Insurance shall cover for the account of the owner(s) (olher than the named Insured) personal prop- erty belonging to others In the care, custody or control of the Insured, while (1) In or on the bUlldlng(s), or (2) In the open (Includlni within vehi- cles) on or within 100 feet of the deSignated premises, Loss shall be adlustedwlth the named Insured for the account of the owners of the property, except that the light to adjust any loss with the owners IS reserved to the Company and the receipts of the owners in satisfaction thereol be in lull salisfachon of any claim by the named Insured lor which payments have been made II. PROPERTY NOT COVERED This policy does not cover: A, Ammals and pets, aircraft; watercraft, Including motors, equipment and accessolles (except rowboals and canoes. while oul of water and on the deSignated premises); and automobiles, trailers, semitrailers or any sell. propelled vehicles or machines, except such properly not licensed for use on public thoroughfares and operated prinCipally on the premises 01 the Insured. ThiS provIsion does not apply to the lollowlng types of property when held lor sale or sold but not delivered: I. Animals and pels; 2, Motorcycles, motor scooters and snowmobiles; J Trailers deSigned lor use with private passenger vehicles lor general ulllity purposes or carrYing boats, or 4 Watercraft, including motors, equipment and accessolles. while not afloat ThiS provIsion does not apply to the follOWing types 01 property when manufactured, processed or warehoused by the Insured; 1 Aircraft, 2. Watercraft, Including motors, equipment and accessories. while not alloat; or 1 Automobiles, trailers, semi-trailers or any sell. propelled vehi- cles or machines. B, Personal property while waterborne. C, Outdoor trees, shrubs and plants, except when held lor sale or sold but not delivered, or as provided In the ExtenSions of Coverage, D, Household and personal effects contained In living quarters occupied by the Insured, any officer, director, stockholder or partner of the Insured or relatives 01 any 01 the loregolng, except as provided In the ExtenSions of Coverage, E. Accounts. bills, currency, deeds. eVidences of debt. money and securi- ties, F, Outdoor signs, whether or not attached to a building or structure G. Growing crops and lawns, H, Property which is more specifically covered In whole or in part by thiS or any other contract of Insurance, except lor the amount 01 loss which IS In excess of the amount due from such more speclllc Insurance, III. EXTENSIONS OF COVERAGE Each 01 the limits 01 liability specified for the followinc Extensions of Cover ale applies" an additional amounl of insurance, The Coinsurance Clause shall not apply 10 loss under Ihe Extensions 01 Coverage, The lotal amount recoverable under the ExtenSions of Coverage in thiS lorm and Exlensions 01 Cover ale in any olher form made a pari ollhis policy are not cumulative and shall not exceed Ihe largest amount recoverable under any sinele lorm made a part of this policy. When, in accordance with the OIher Insurance condilion, there is Contributing Insurance, the Company shall nol be liable lor more than its pro rata share 01 the limits set lorth in the 101l0wing Extensions of Coverage. A. Properly at Newly Acquired Locations: The Insured may apply up to 10% of the limit of liability speCified for Pmonal Property of the In,uled, but not exceeding $10.000, to cover dlleclloss In anyone occurrence by a peril Insured against to such property at any location (except failS and exhibitions) acqUired by the Insured for Similar occupan(les ur ware hou~lng purposes, elsewhere than at the deSignated premises Within the terlltorlallimlts of Ihls poliCY ThiS coverage shall cease 30 days from the dale of such acquIsition or on the date value, at ,uch locations are reo ported to the Company. or on the expll alion dale 01 Ihe policy. whichever occurs fllst. AdditIOnal premium shall be due and payable for values so reported from the date the property IS acqUired B. Off-Premises: The named insured may apply up to 2% 01 the limit of liability specified for Personal Properly 01 the Insured, but not exceed- ing $5,000, nor less than $1,000, at a deSCribed location to cover direct loss in anyone occurrence by a peril Insured against to the property covered under Personal Property of the Insured (other than merchandise or stock) while removed from designated premises. This Extension of Coverage shall not apply to property in transit, nor to property on any premises owned, leased, operated or controlled by the insured. MP 00 12 (Ed. 01 83) C Personal Effects: The Insured may apply up to $500 to cover direct loss In anyone occurrence by a peril Insured against to personal effects while located on the deSignated premises, belonging to the Insured. Offl' cers, partners or employees thereof, and limited to $100 on personal el teels owned by anyone indiVidual. ThiS ExtenSIOn 01 Coverage does not apply If Ihe loss IS covered by any other Insurance, whether collectible or nol, or which would have been covered by such other Insurance In the absence of thiS policy. At the ophon of the Company, loss under thiS Ex ten~lOn of Coverage may be adJusted With and payable to the Insured. 0, Valuable Papers and Records: The Insured may apply up to $500 to cover direct loss in anyone occurrence by a peril insured against to valuable papers and records consisting 01 computer programs and books of account, manuscripts, abstracts, draWings, card index systems, film, tape, diSC, drum, cell and other magnetic recording or storage media for electronic data processing, and other records, all the property of the insured at deSignated premises. ThiS ExtenSion 01 Coverage covers only the cost 01 research and other expense necessarily Incurred by the In- sured to reproduce, replace or restore such valuable papers and records, T he total amount payable in anyone occurrence under this ExtenSion of Coverage shall not exceed the limit speCified above, regardless of the number 01 premises designated In the Declarations. Paae 1 of 3 , t<iJ:~", I -~'n.. . . . . CE.)'" '1982 E. Outdoor Trees, Shrubs and Plants: The Insured may appl, up to $1,000 to cover outdoor trees, shrubs and plants, except when held tor sale or sold but not delivered, at the designated premises against direct loss in any one occurrence by the perils of fire, lightning, explosIOn, riot, civil com. motIOn or aircraft, but only to the exlent such perils are Insured against herein. The Company shall not be liable for more than $250 on anyone tree, shrub or plant, including expense incurred for removlni debriS thereof. F. Extra Expense: The Insured may apply up to $1.000 to cover the necessary extra expense Incurred by the insured In order to continue as nearly as practicable the normal operations of the Insured's bUSiness Immediately following damage by a peril Insured against under thiS form to the bUildings or personal property situated at the deslinated premises. "Extra expense" means the excess of the total cost Incurred dUrlni the period 01 restoralton chargeable to the operations of the Insured's busl' ness over and above the total cost that would normally have been Incurred to conduct the bUSiness dUring the same period had no loss occurred. A.ny salvage value of property obtained for temporary use dUrlni the period of restoration. which remains after the resumption of normal operations, shall be taken Into conSideration In the adjustment of any loss hereunder. "Period of restoration" means that period of time, commencing With the date of damage and not limited by the date of expiration of thiS policy. as would be required With the exercise of due diligence and dispatch to re- pair, rebUild or replace such part of said bUildings or personal property as have been damaged. The Company shall not be liable under this ExtenSion 01 Coverage for: \. loss 01 income: (. 2. the cost of repairing or replacing any of the described property, or the cost of research or other expense necessary to replace or restore computer programs and books of account, manuscripts, abstracts, drawings, card index systems, film, tape, disc, drum, cell and other magnetic recording or storage media for electronic data processing, and other records that have been damaged by a peril not otherwise excluded, except cost in excess of the normal cost of such repair, replacement or restoration necessarily in- curred for the purpose of reducing the total amount of extra expense. In no event shall such excess exceed the amount by which the total extra expense otherwise payable under this Exten. sion of Coverage is reduced; or 3. any other consequential or remote loss. G. Non-Owned Personal Property: The insured may apply at each loca. tlon up to 2% of the limit of liability speCified for Personal Property of the Insured at such location, but not exceedini $2.000. as an additional amount of Insurance, to cover for the account of the owners thereof (other than the named Insured) dIrect loss by a peril Insured aaalnst to personal property, Similar to that covered by thiS policy. belongini to others while In the care, custody or control of the named Insured and all while (1) in or on the bUlldlni(s), or (2) In the open (Including Within vehicles) on or With. In 100 feet of the desiinated premises. Loss shall be adJusted With the named Insured for the acc(\unt of the owners of the property, except that the right to adjust any loss With the owners IS reserved to the Company and the receipts of the owners In saltsfactlon thereof shall be in full satisfaction of any claim by the named Insured for which payments have been made. As respects personal prop' erty belonglni to others, thiS prOVISion shall replace any loss payable prOVISion of this policy. ( IV. PERILS INSURED AGAINST This policy insures alainst all direct loss to the property co",1eI under this form caused by: A. FIRE. B. LIGHTNING. C. WtNDSTORM OR HAIL, excluding loss caused directly or indirectly by frost or cold weather, or Ice (other than hall), snow or sleet. whether drIVen by Wind or not. \. This Company shall hot be liable for loss to the interior of the bUlldlng(s) or the property covered therein caused: (a) by rain, snow. sand or dust. whether driven by Wind or not. unless the bUlldlng(s) covered or containing the prop. ert, covered shallllrst sustain an actual damage to roof or walls by the direct action 01 Wind or hall and then shall be liable for loss to the Interior of the buddlng(s) or the prop- erty covered therein as may be caused by rain, snow, sand or dust entering the bUlldlng(s) through openings in the roof or walls made by direct action of Wind or hall: or (b) by water from sprinkler equipment or from other piping, unless such equipment or PIPlni be dilYlaged as a direct result of Wind or hall. 2. The Company shall not be liable for Windstorm or Had damage to the lollowlng property: (a) Windmills, Wind pumps or thell towers; (b) Crop Silos or their contents; (c) Metal smokestacks; or (d) When outside of buildings, (1) Grain, hay, straw or other crops; (2) Trees, shru bs or plants; (3) Awnings of fabriC or slat construction, canopies of fabric or slat construction, including their sup. ports; (4) Radio or teleVision antennas. Includini their lead.in wiring, masts or towers. MP 00 12 (Ed. 01 83) 4 D. EXPLOSION. Includlni direct loss resultini from the explosion of ac- cumulated iases or unconsumed fuel Within the firebox (or combustion chamber) of any hred vessel or Within the flues or passaatS which con. duct the lases of combustion therefrom. \. ThiS Company shall not be liable for loss by explosion of steam bOilers, steam pipes, steam turbines or steam engines, If owned by. leased by or operated under the control of the Insured. 2. The followini are not explOSIOns Within the Intent or meaRlng of these proviSIOns: (a) Shock waves caused by ancraft, generally known as "SORlC boom", (b) ElectriC arclOi. (c) Rupture or burshni 01 rolahni or movlOg parts 01 machinery caused by centrilulal force or mechanical breakdown, (d) Water hammer, (e) Rupture or bursting of water pipes, (I) Rupture or burshng due to expansion or swelling 01 the contents 01 any bulldUlI or structure, caused by or resultn. from water, (g) Rupture, bursting or operahon of pressure rehef de. vices. E. SMOKE, meaning sudden and aCCIdental damage 'rom smalle. other than smoke from agricultural smudi1ng or IndurJrlal operations. F. AIRCRAFT OR VEHICLES. meaning only direct loss resultlOg from K tual phYSical contact 01 an ancraft or a vehicle With the property covered or With the bUllding(s) containing the property covered. except that loss by aircraft IOcludes dneclloss by oblects fallllll therefrom. ThiS Company shall not be liable for loss: 1. by any vehicle owned or operated by an Insured or by illy tenant of the deSignated premises; 2. by any vehicle to lences, drIVeways, walks, or when outSIde 01 bUildings, to trees, shrubs or plants; t 1 j l I 'qt h' J -." e e n d e c. on n. ~, m ed Ing as 01 Ical the Itlng de. other ac. vered t loss y any Ide 01 2 of 3 I . .U ." "'.. . . . " . . C)' '. . 1982 ~~ 3. to any alrcrall or vehicle Inciudlng Its contents other than stocks of alrcrall or vehicles In process 01 manul acture or lor sale The word "vehicles" means vehicles running on land Of tracks but not alrcrall. The word "alrcrall" shall Include self.propelled miSSiles and spacecraft G. RIOT, RIOT ATTENDING A STRIKE OR CIVil COMMOTION. including direct loss by acts of stoking employees 01 the owner or tenanl(s) of the bUlldlng(s) while occupied by said striking employees and shall also In c1ude direct loss from pillage and looting occurring duong and at the Immediate place of a oot. riot attending a strike or CIVil commolion The Company shall not be liable lor loss resulling Irom damage to or destruc. lion 01 the property due to change In temperature or humidity or Interrup tlOn 01 operations whether or not such loss IS covered by thiS policy as to other peols. H. VANDALISM OR MALICIOUS MISCHIEF, meaning only the Willful an,1 maliCIOUS damage to or destruclion 01 the property covered ThiS Company shall not be liable for loss I . 1. to glass (other than glass bUilding blocks) constitutrng part of a bUilding. structure or an outSide sign; 2 by pilferage, theil, burglary or larceny, except that thiS Com. pany shall be liable lor Willful damage to the bUilding (s) covered caused by burglars In gaining entrance to or eXit 'rom such bUild. II1g(s) or any part of the bUlldlng(s). J bf explOSion 01 steam bOilers. steam pipes. steam turbines or steam engines, If owned by. leased by. or operated under the con. Irol of the named Insured; or by rupture or burstll1g of rotating or moving parts of machinery caused by centrifugal force or me. chanlcal breakdown; 4. from depreciation or deterioration; 5. If the building(s) had been vacant or unoccupied beyond a period of 30 consecutive days immediately preceding the loss, whether or not such period commenced prior to the inception date 01 thiS policy; but this unoccupancy proviSion shall not be applica- ble to such unoccupancy as is usual or incidental to the described occupancy. V. EXCLUSIONS This policy does not insure under this form alainst: A. loss occasioned dlreclly or II1dlrectly by enlorcement 01 any ordl nance or law regulating the use, construction. repair. or demolitIOn of pro~erty including debriS removal expense. 8. loss occasioned directly or indirectly by any electr Ical II1lury or dls turbance to electocal appliances. deVices. fixtures or wiring caused by electrical currents artrflclally generated unless fire as Insured against ensues. and then thiS Company shall be liable lor only loss caused by the ensull1g fire. C. loss caused directly or Indlreclly by the II1terruptlon of powe(or other utility service furrllshed to the deSignated premises If the Interruplion takes place away Irom the deSignated premises. If a pefll Insured agall1st ensues on the deSignated premises. thiS Company Will pay only lor loss caused by the ensuing peril. D. loss caused by. resulting from. contributed to or aggravated by any 01 the follOWing: 1. earth movement, including but not limited to earthquake. land. slide. mudflow. earth Sinking. earth rising or Shifting; 2. flood. surface water, waves, tidal water or tidal wave. overflow 01 streams or other bodies of water, or spray Irom any of the fore- gOing, all whether drrven by Wind or not; 3. water which backs up through sewers or drainS: or 4. water below the surlace 01 the ground including that which exerts pressure on or flows. seeps or leaks through Sidewalks. driveways. loulldatrons. walls. basement or other floors, or through doors, windows or any other openings In such sidewalks, drIVe- ways, loundations. walls or floors; unless file or explOSion as Insured against ensues. and then thiS Company shall be hable for only loss caused by the ensuing Itre or explOSion. E. Loss caused by volcanic eruption unless direct loss by fire or breakage of glass or safety glazing material ensues. In this event, this Company shall be liable lor only the direct loss to the property insured caused by the ensuing fire and II an insured peril, the ensuing breakage of glass or safety glazing material. VolcaRlc eruption means the eruption, explosion or effusion of a volcano. The follo.inl bases are established for valuation of property: VI. VALUATION A. The value 01 all stock actually sold but not delivered shall be the price at which It was sold. less all discounts and unmcurred expenses 8. Tenant's Improvements and Bellerments 1. If repaired or replaced at the expense of the named II1sured Within a reasonable time after loss. the actual cash value 01 the damaged or destroyed Improvements and bellerments 2. If not repaired or replaced wllhln a reasonable time aller loss, that proportIOn 01 the Original cost at lime of InstallatIOn of the damaged or destroyed property which 1he unexpired term of the lease or rental agreement. whether wrrllen or oral. In ellect at the time 01 loss bears to the periods from the dales such Improve ments or bellerments were made to the explralron date 01 the lease 1 If repaired or replaced at the expen\e of others lor the use 01 the named Insured, there shall be no habillty hereunder MP 00 12 (Ed. 01 83) C. Valuable Papers and Records: 1 Books 01 account. manUSCrIpts, abstracts. draWings, card Index systems and other records (except film. tape. diSC, drum, cell and other magnetic recordmg or storage media lor eleclroRlC data processmg) lor not exceedrng the cost 01 blank books, cards or other blank materral plus the cosl 01 labor rncurred by the named rnsured lor transCflblng or cop~rng such records. 2. F 11m. tape, diSC. drum. cell and other magnetic recordrng or storage media for electroRlc data processrng lor not exceedrng the cost 01 such media In unexposed or blank lorm. 3. Computer programs for not exceeding the cost of labor in. curred by the named Insured for transcribing or copying such programs. D. All other property at actual cash value at the time 01 loss, but not exceedrng the amount which it would cost to repair or replace the prop. erty With materral 01 like krnd and quality Within a reasonable time after such loss. nor many event lor more than the rnterest of the named insured. Pale 3 of 3 ,~~',' jj :~'~; (b',~i:~~~.~~':.l' l~', ,:~}~ F~.'~ :.~<., ~!f,~1,,1'1l',:, '. <m ). I, . MP 52 31 (Ed. 07 77) EXTORTION EXCLUSION ENDORSEMENT It is agreed that: With respect to SMP Comprehensive Crime Coverale Endorsement Form, or SMP Blanket Crime Coverall Endorstment Form. to which this endorsement is attached: 1. The Policy does not apply to loss due to the surrender of money, securities or other property away from the prlmises 1$ a result of a threat to do (a) bodily harm to any person, or (b) damage to the Premises or property owned by the Insured or held by the Insured in any capacity; provided, however, these exclusions do not apply; (1) to Insuring Agreement IA or IB of SMP Comprthtnslvt Crime Coverale Endontlltftt Form if cov.rale is afforded thereunder, or Insuring Agreement I of SMP Blanket Crime Coverage Endorsement Form, or (2) under Insuring Agreement III of SMP Comprehensive Crime Cover'le Endontment Form if coverage is .fforded thereunder, or Insuring Agreement III of SM' Blanket Crime Cover'11 EndorsImtftt Form, to loss of Money, Securities or other property whilt beinl conveyed by . MtlStn.tr when there was no knowledge by the Insured of any such threat at the time the conveyance was initiated. ThIs EadorstnItat IRUIt be attached to Chen.. EndorstmtAt ...... iuuId after till Policy II writtIR. MP 52 31 (Ed. 07 77) e e e I I .., ~. ~;;, ......e SPECIAL MUl TI.PERIL . POLICY CONDITIONS AND DEFINITIONS GENERAL CONDITIONS MP 00 90 (Ed. 07 77) Ihe lollowlng ConditIOns apply to Seclion I and II except as otherWise Indicated. Addllional ConditIOns or modlflcallons of the follOWing ConditIOns may appear In the speclhc coverage seclions. 1. Premium. All premiums for this policy shall be computed In accor. dance with the Company's rules. rate~, rating IJlans, IJremlums and mini' mum premiums applicable to the Insurance alforded herein. II this policy IS Issued lor a period In excess 01 one year With a specified expiration date and a premium IS payable at each anniversary, such pre mlum shall be determined annually on the basIs 01 the rates In elfect at the anniversary date. If this poliCY IS Issued lor a period Without a specified expiration date. It may be conlinued by payment of the required premium lor the succeed Ing annual pellod Such premium must be paid to the Company pllor to each anniversary date; It nol so paid, this poliCY shall expire on the hrst anniversary date that the said IJremlum has not been received by Ihe Company 2. Time of Inception. To the ellent that coverage In thiS policy replaces coverage In other poliCies terminating noon standard lime on the Incep lion date of thiS IJolicy, coverage under thiS policy shall not become elfec tlve until such other coverage has terminated. 3. Cancellation. ThiS policy may be cancelled by the named Insured by surrender thereof to the Company or any of Its aulhofl/ed agents or by mailing to the Company written nollce stating when thereatter the callu~l latlon shall be eltecllve. ThiS poliCY may be cancelled by the CUIIlIMIIY by mailing to the named Insured althe mailing address shown In the Dec. laralions, wIIlIen notice slallng when nol less than ten days therealler such cancellalion shall be elfectlve. The mailing 01 nollLe as aforesaid shall be sulflclent proof of notice. The lime of surrender or the elfecllve date and huur 01 cancellallOn stated III the notice shall becume the end ullhe IJOIILY pellod Delivery of such wlltten notice t!llher hy the named Insuled or by the Company shall be equivalent to mailing If the named insured cancels. the Company shall, upon demand and sur. render 01 thiS policy, relund the excess 01 paid plemlum above the cus tomary short rates fOI the explr~d lime. If the Company cancels. earned premium shall be computed pro rata. PremIUm adlustment may be made either at the time cancellallon IS ellecled 01 as soon as practicable after cancellatIOn becomes elleclive. but payment or tender of unearned pre mlUm IS nol a condition of cancellallon Notice of cancellation addressed to the named insured and mailed 10 the mailing address shown In the Declarations shall be sulflclent notice to effect cancellation of thiS policy. 4. Concealment or Fraud. ThiS policy IS VOid If any insured has Inten tionally concealed or misrepresented any material fact 01 CIrcumstance relating to thiS Insurance. 5. Assicnment. ASSignment of Interest under thiS poliCY shall nol bind the Company until its consent IS endorsed hereon However, If the named insured shall die, thiS insurance shall apply: (a) to the named insured's legal representative, as the named insured, but only while acting Within the scope 01 hiS dulles as such; or (b) to the person having temporary custody of the property of the named insured but only unlll the appomlment and qualillcalton 01 the legal representative. MP 00 90 (Ed. 07 77) 6. Subrogation. (a) In the event of any payment under this policy, the ComlJany shall be subrogated 10 all the Insured's rights 01 recovery against any person or organizatIOn and the Insured shall execute and deliver mstru. ments and papers and do whatever else IS necessary to secure such rights. The Insured shall do nothing after loss to prejudice such lights. (b) The Company shall not he bound to pay any loss If the Insured has Impaired any light 01 recuvery lor loss; however. It IS agreed that the Insured may: (1) as respects property while on the premises 01 the msured, reh~ase nthers In wllllnl: Irom liability for loss pllor to loss. and sUlh release shall not affect the light 01 the Insured to recover hereunder, and (2) as respects property In transit. accept such bills of ladmg. receipts or contracts of tlansportatlOn as are ordlnallly Issued by call1ers contallllng a limltalion as to the value of such goods or merchandise. 7. Inspection and Audit. The Company shall be pellTlIttcd bul nol obll' gated 10 Inspect the named Insured's property and operations at any lime Neither the Company's right to make mspectlons nor the making thereof nor any report thereon shall constitute an undertaking on behalf 01 or for the benefit of the named msured or others to determme or warrant that such property or operations are safe or healthful or are In compliance With any law, rule or regulalton. I he Company may exanllne and audll the named Insured's hooks and records at any time dUllnK the IlOllcy pellod and extensIOns and Within three years after the final termlnalton of thiS policy, as lar as they relate to the sublect matter of thiS Insurance. 8. Liberalization Clause. In the event any fllmg is submitted 10 the In. surance supervisory authoflties on behalf of the Company, and: (a) the filing IS approved or accepted by the Insurance aulhollltes to be effective while this policy IS In force or within 45 days pllor to ItS InceptIOn; and (b) Ihe frling Includes Insurance forms or other prOVISions that would extend or broaden thiS Insurance by endorsement or sub. stltutlOn of form. Without addllional premIUm; the bpneflt of such extended or broadened Insurance shall Inure to the benefit of the insured as though the endorsement or subslltution of form had been made. 9. Insurance Under More Than One Coverace, Part or Endorsement. In the event that more than one coverage, part or endorsement of thiS policy msures the same loss, damage or claim, the Company shall not be liable lor more than the actual loss or damaRe sustained by the Insured. 10. Waiver or Chance of Provisions. T he terms of thiS Insurance shall not be waived, changed or modlfred except by endorsement issued to form a part ot thiS policy Pili 1 of 6 :~'I!:ih'lil~.~~4~..~.l!.~,~.~,~..;.~,~..~,.~!~ I I CONDITIONS APPLICABLE TO' SECTION I .' 1. Policy Period, Territory. Section I of this policy applies only to loss to property dUring the policy period while such property is Within or be. tween the Ilfty states of the United States of America, the District of Co. lumbla and Puerto RICO, 2. Deductible. Unless otherwise provided In the Declarations: (a) The sum of $100 shall be deducted from the amount of loss to property in anyone occurrence, This deductible shall apply: (1) separately to each building, including personal property therein; (2) separately to personal property in each building If no coverage is provided on the containing building; and (3) separately to personal property in the open (including Within vehicles), (b) The aggregate amount 01 this deductible in anyone occurrence shall not exceed $ 1,000. 3. Coinsurance Clause. The Company shall not be liable for a greater proportIOn 01 any loss to property covered than the limit 01 liability under this policy lor such property bears to the amount prodUCed by mul. tiplying the actual cash value 01 such property at the time of the loss by the coinsurance percentage stated in the Declarations. In the event that the aggregate claim for any loss is both less than $10.000 and less than 5% of the limit of liability for all contributing Insurance applicable to the property Involved at the time such loss occurs, no speCial inventory or appraisement of the undamaged property shall be required providing that nothing herein shall be construed to waive the application of the first paragraph of this clause. II insurance under Section I of this policy is divided into separate limits of liability, the loregolng shall apply separately to the property covered under each such limit of liability. 4, Removal. ThiS policy covers loss by removal of the property covered hereunder from premises endangered by the perils insured against. and the amount of Insurance applies pro rata for live days at each proper place to which such property shall necessarily be removed for preservation. 5. Debris Removal. This policy covers expense Incurred In the removal of debris of the property covered which may be occaSioned by loss by any of the penis insured against in this policy. The total amount recoverable under thiS policy lor both loss to property and debriS removal expense shall not exceed the limit of liability applYing to the property. Cost of re- moval 01 debris shall not be considered In the determination of actual cash value when applying the Coinsurance Clause. 6. War Risk And Governmental Action Exclusion. ThiS policy under Sec. tlon I shall not apply to loss caused, directly or Indirectly, by or due to any act or condition inCident to the following: (a) hoshle or warlike action In time of peace or war, including action In hindering, combating or defending against an actual, impending or expected attack (i) by any government or sovereign power (de lure or de facto), or by any authority maintaining or using military, naval or air forces; or (il) by military, naval or air lorces; or (iil) by an agent of any such government, power, authOrity or forces, it being under- stood that any discharge, explosion or use of any weapon of war em- poying nuclear fission or luslon shall be conclusively presumed to be such a hostile or warlike achon by such a government, power, authOrity or lorces; (b) Insurrechon, rebellion, revoluhon, CIVil war, usurped power. or achon taken by governmental authority In hindering, combating or delendlng against such an occurrence; seizure or destruchon under quarantine or custom's regulations, confiscation by order 01 any gov- ernment or publiC authority. or risks of contraband or Illegal trans. portation or trade. 7. Nuclear Clause And Nuclear Exclusion. (a) Nuclear Clause (Not Applicable In New York). The word "fire" in thiS policy IS not Intended to and does not embrace nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and loss by nuclear reaction or nuclear radiation or radioactive contamination is not intended to be and IS not insured against by thiS policy, whether such loss be direct or indirect, proxi- mate or remote, or be In whole or in part caused by, contributed to, or aggravated by "fire" or any other perils insured against by this MP 00 90 (Ed. 07 77) ',lt' " policy, However. subject to the foreaoing and all proviSIOns of this policy, direct loss by "tire" resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy. (b) Nuclear Clause (Applicable only in New York): This policy does not cover loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination, all whether directly or indirectly result. Ing from an Insured peril under thiS policy. (c) Nuclear ExclUSion (Not Applicable in New York): loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controll841 or uncontrolled, or due to any act or condition incident to any of the foregoing is not insured against by this policy, whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by any of the perilS in- sured against by thiS policy; and nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, IS not "explOSion" or "smoke", This clause applies to all perils Insured against hereunder except the peril of tire, which is otherwise prOVided for In the nuclear clause above. a. Other IlI1lIrance. (a) II at the hme of loss there is other insurance written in the name of the Insured upon the same plan, terms, conditions and proviSions as contained In thiS policy, herein referred to as Contributing Insur. ance, the Company shall be liable for no greater proportion of any loss than the limit of liability under thiS policy bears to the whole amount 01 insurance covenng such loss. (b) II at the time of loss there is other Insurance other than that as described In (a) above. the Company shall not be liable for any loss hereunder unhl: (1) the liability 01 such other Insurance has been exhausted, and (2) then for only such amount as may exceed the amount due from such other Insurance, whether collectible or nol. 9. Duties Of The Named Insured After A loss. In case of loss the named Insured shall: (a) give Immediate written notice of su~h loss to the Company; (b) protect the bUilding and personal property from further damage, make reasonable temporary repairs required to protect the property, and keep an accurate record of repair expenditures; (c) prepare an inventory of damaged personal property showing in de. tail, quantity, descnptlon, actual cash value and amount of loss. Attach to the inventory all bills, receipts and related documents that sub. stantlate the figures in the Inventory; (d) exhibit the remains of the damaged property as ollen as may be reasonably required lIy the Company and submit to examination un. der oath; (e) submit to the Company within 60 days alter requested a Signed, sworn statement of loss that sets forth to the best of the named in. sured's knowledlle and belief: (1) the time and cause of loss; (2) Interest of the insured and all others in the property involved and all encumbrances on the property; (3) other policies of insurance that may cover the loss; (4) changes In title or occupancy of the property durina the term 01 the policy; (5) specifications of any damaged building and detailed estimates lor repair of the damage; (6) an Inventory of damaged personal property described in (c) above; (I) give notice 01 such loss to the proper police authority if loss is due to a Violation of law. 10. Appraisal. II the named insured and the Company fail to agree on the amount of the loss, lither can demand that the amount of loss be set by appraisal. II either party makes a written demand for appraisal, each shall select a competent Independent appraiser. Each shall notily the other of the selected appraiser's identity within twenty (20) days 01 the receipt of the written demand. ,~ Pace Z ef , '~~~I""",.ijf",,~,"~:~I~"'1",~!~'J,,~~-,yllllt ~, e s s t s ss nd m ed -- ge, rty, de. ach b. y be un. I I I I ~ I I i f , r ites 1ft (c) 6 due III the Ifl by ~II r of lof r f ,.lol6 J '. The two appraisers shall select a compdent, Impartial umpire If the ap. praisers are unable to agree upon an umpire WlthlO tllteen (i5) days. the named IOsured or the Company may peltlton a Judge ot a Court of I{ecord In the state where the Insured premises IS located to select an umplle The appraisers shall then set the amount of the loss If the appraisers sub mlt a wlltten report of an agreement to the Company, the amount agreed upen shall be the amount of the loss. If the appraisers lallto agree WlthlO a reasonable time, they shall submit their dlfterences to the umpire Writ. len agreement Signed by any two of fhese three shall set the amount of loss. Each appraiser shall be paid by lhe party selecting that appraiser. Other expenses of the appraisal and compensatIOn of the umpire shall be paid equally by the named Insured and the Company. 11. Compiny Options. If the Company gives noltce Within thirty (30) days alter It has received a Signed, sworn statement 01 loss, It shall have the option to take all or any part of the property damaged al an agreed value, or 10 repair, rebUild or replace It With eqUivalent property. 12. Abindonment Of Property. The Company need not accept any prop. erty abandoned by an IOsured. 13. Piymem Of Loss. The Company Will pay all adjusted claims Within thirty (30) days alter presentalton and acceptam:e of the proof of loss. 14. Privilele To AdJust With Owner. (a) Except as prOVided 10 (b) below, or unless another payee IS specl' Iically named In the policy, loss, If any. shall be adJusted With and payable to the named IOsured. (b) I n the event claim IS made for damage to property of others held by the IOsured, the right to adjust such loss or damage With the owner or owners of the property IS reserved to the Company and the receipt of payment by such owner or owners 10 satlsfaclton thereof shall be 10 full satisfaction of any claim 01 the IOsured for which such pay ment has been made. If legal proceed lOgs be taken to enforce a claim agalOst the IOsured as respects any such loss or damage, the Company reserves the IIghl at ItS oplion Without expense to the IOsured to conduct and control the defense on behalf of and in the name of the IOsured No actIOn of the Company 10 such regard shall IOcr ease the liability of the Company under this policy, nor Increase the limits 01 liability speCified In the policy IS. Suil. No SUit shall be brought on thiS pulicy unless the Insured has complied With all the poliCY prOVISions and has commenced the SUit Within one year after the loss occurs. 16. Permits And Use. Except as otherWise prOVided. permiSSion IS grallled (a) to make alteraltons and repairs: (b) In the event 01 loss hereunder, to make reasonable repalls. tern porary or permanent, prOVided such repairs are conllfled solely to the protection 01 the property from further damage, and prOVided further that the IOsured shall keep an accurate record of such repair ex pendllures. The cost of any such repairs directly attributable to dam. age by any peril insured against shall be Included In determlmng the amount of loss hereunder. Nothing here III contalRed IS IRtended to modify the policy requirements applicable In case loss occurs, and In particular the requirement that, In case loss occurs, the IRsured shall prolect the property from lurther damage. 17. ViCancy, Unoccupancy and Increue ul Hazard. (aj ThiS Company shall nol be liable lor loss occumng while a de scribed bUilding, whether Intended tor occupancy by owner or tenanl IS vacant beyond a pellod of slxly consecutive days. "Vacant" or "Vacancy" means contalmng no contents perlalmng to operations or activities customary to occupancy of the bUilding. but a bUilding In process of constructIOn shall nol be deemed vacant. (b) PermiSSion IS granled lor unoccupancy (c) Unless otherWise prOVided 10 wrltlRg added hereto Ihls Company shall not be liable for loss occumng while the hazard IS Increased by any means wlthlR the control or knowledge of the Insured. MP 00 90 (Ed. 07 77) I 18. Protective Sif'luards. If as a condition 01 thiS Insurance that the In. ~ured shall maintain so far as IS Within hiS control such protective safe. guards as are setlorth by endorsemenl hereto. f allure to malRtaln such protective ~>afeguards shall suspend thiS Insur. ance only as respects the localion or situation affected lor the lime at such dlscontlRuance. 19. Mortlale Clause-Applicable Only To Buildinls. ThiS clause IS ellec live II a mortgagee IS named In Ihe Declarations. The word "mortgagee" IRcludes "trustee". Loss to bUildings shall be payable to the named mort gagee as Interest may appear, under all present or future mortgages on the bUildings deSCribed 10 the Declaratrons IR order of precedence of mort. gages on them. As II applies 10 the Interest of any mortgagee deslgnaled In Ihe Declarations, thiS IRsurance shall not be affected by any of the followlRg (a) any act or neglect of the morlgagor or owner of the deSCrIbed bu IIdl ngs; (b) any foreclosure or other proceedlRgs or notice of sale relaling 10 the property; (c) any change In the title or ownership of the property; (d) occupancy of the premises for purposes more hazardous than are permitted by thiS policy; prOVided, that In case the mortgagor or owner shall neglecl to pay any pre. mlum due under this policy, the mortgagee shall, on demand, pay the pre. mlum. The mortgagee shall notlty the Company of any change 01 ownership or occupancy or increase 01 hazard which shall come 10 the knowledge of the mortgagee Unless permitted by thiS POliCY, such change of ownership or occupancy or IRcrease of hazard shall be noled on the policy and the mortgagee shall on demand pay the premium for the. IOcr eased hazard tor the term It eXISted under thiS policy. If such premIUm IS not paid, thiS poliCY shall be null and VOid 1 he Company reserves the light to cancel this poliCY at any lime as pro. vlded by ItS terms If so cancelled. thiS policy shall contlRue 10 lorce lor Ihe benelit only of the mortgagee lor ten days after notice to the mortgagee of such cancellallon and shall then cease. The Company shall have the light to cancel thiS agreement on ten days notice to the mortgagee. When the Company shall pay the mortgagee any sum for loss under thiS policy, and shall claim that. as to the mortgagor or owner, no liability theretor eXisted, the Company shall, 10 the exlent of such payment, be thereupon legally subrogated to all the rights of the mortgagee 10 whom slIrh payment shall have been made, under the mortgage debl In lieu of taking such subrogation. the Company may. at Its option, pay to the mortgagee Ihe whole pllnclpal due or to grow due on the mortgage, wllh Interest accrued and shall thereupon receive a full assignment and trans. ler of the mortgage and of all such other securities. However, no subroga. tlun shall Impair the light of Ihe mortgagee to recover the full amount ot said mortgagee's dalm. 20. Recoveries. In the event the Company has made a payment for loss under the policy and a subsequent recovery IS made of the lost or dam aged property, the IRsured shall be entitled to all recovelles In excess of the amount paid by the Company. less only the actual cost of effecting such recovelles 21 Loss Clause. Any loss hereunder shall not reduce the amount 01 thiS Insurance 22. No Benefit To Biilee. ThiS Insurance shall not lRure directly or 10 dllectly to the benefit of any camer or other bailee. 23. No Control. ThiS Insurance shall not be prejudiced: (a) by any act or neglect of the owner of any bUilding II the Insured IS not the owner thereof. or by any act or neglect ot any occupant (other than the IRsured) 01 any bUlldlRg when such act or neglect of the owner or occupant IS nol wlthlR the control of the Insured, or (b) by failure of the Insured 10 comply Wllh any warranty or condl' tlon contalRed 10 any endorsement attached 10 thiS policy With re gard to any portion 01 the premises over which the IRsured has no control Pale 3 of 6 '~'~'~~h~~~;~/l\"'I~t"'IM"l!~~lJ"~llI!IIM"lk~ \ - ".._:b....~~-'"....:.:..~'_-'---- _, ..~_'. _~.: .....:-.......--' ~_c,_~~, _'.'... _~ __ ._.~_,,-_., __."" .,,~ ~ I I CONDITIONS APPLICABlE TO'SECTION II 1. Supplementary Payments. The Company Will pay, In addition to the applicable limit of liability: (a) all expenses incurred by the Company, all costs taxed against the insured In any SUit defended by the Company and all interest on the entire amount of any judgment therein which accrues aller enlry of the judgment and before the Company has paid or tendered or de. posited in court that part of the Judgment which does not exceed the limit of the Company's liability thereon; (b) premIUms on appeal bonds required in any such SUII. premiums on bonds to release attachments in any such SUit tor an amount not in excess ot the applicable limit of liability of thiS policy, and the cost of ball bonds required 01 the insured because of aCCIdent or traffiC law Violation arising out of the use of any vehicle to which thiS policy applies. not to exceed $250 per bail bond, but the Company shall have no obligation to apply lor or turnlsh any such bonds: (c) expenses Incurred by the insured for tlrst aid to others at the time 01 an aCCIdent, tor bodily injury to which thiS policy applies; (d) reasonable expenses Incurred by the insured at the Company's request In assisting the Company In the Investigation or detense of any claim or SUit, including actual loss of earnings not to exceed $25 per day. 2. Premium. Premium deSignated in thiS policy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the policy period. At the close 01 each period (or part thereot terminating With the end of the policy period) deSignated In the Declarations as the audit period the earned premium shall be computed tor such period and. upon notice thereolto the named insured shall become due and payable. If the total earned premium for the policy period IS less than the premium previously paid, the Company shall return to the f1imed insured the unearned portion paid by the named insured. The named insured shall maintain records of such information as IS neces. sary lor premium computation and shall send copies of such records to the Company at the end ot the policy period and at such times during the poliCY period as the Company may direct. 3. Financial Responsibility laws. When thiS policy IS certified as proof of finanCIal responSibility for the future under the prOVISions of any motor vehicle financial responSibility law, such Insurance as is afforded by this policy for bodily injury liability or tor property damale liability shall com. ply with the prOVISions of such law to the extent of the coverage and limits of liability required by such law. The insured agrees to reljllburse the Com. pany for any payment made by the Company which It would not have been obligated to make under the terms of thiS policy except for the agreement contained In thiS paragraph. 4. Insured's Duties in the Event 01 Occurrenc., Claim or Suit. (a) In the event of an occurrence, written notice containing particulars suffiCient to Identity the insured and also reasonably obtainable In. formatIOn With respect to the time, place and circumstances thereof and the names and addresses ot the Inlured and of available witnesses shall be given by or for the insured to the Company or any of ItS authOrIZed agents as soon as practicable. (b) II claim is made or SUit IS brought against the insured, the insured shall Immediately forward to the Company every demand, notice, summons or other process received by him or his representative. (c) The insured shall cooperate With the Company and. upon the Com. pany's request, assist in making settlements, in the conduct ot SUits and In enfolClng any right of contribution or Indemnity against any person or organization who may be liable to the insured because ot inlury or damage With respect to which Insurance IS afforded under this policy: and the insured shall attend hearings and trials and assist In securing and giVing evidence and obtaining the attendance ot wll nesses The insured shall not, except at hiS own cost, voluntarily make any payment. assume any obligation or Incur any expense other than for first aid to others at the time of accident 5. Medical Reports; Proof and Payment of Claim. As soon as practicable the Insured person or someone on hiS behall shall give to Ihe Company written proof of claim. under oath If reqUired. and shall, aller each reo quest trom the Company, execute authonzatlOn to enable the Company to obtain medical reports and copies of records. The Inlured person shall submit to physical examination by phYSicians selected by the Company MP 00 90 (Ed 07 77) .' when and as ollen as the Company may reasonably require. The Company may pay the Inlured person or any person or organization rendering the services and the payment shall reduce the amount payable hereunder for such Inlury. Payment hereunder shall not constitute an admission of Iia. bllity of any person or, except hereunder, of the Company. ' 6. Action Alainst Company. No action shall lie against the Company un. less, as a condlllon precedent thereto. there shall have been full Com. pllance With all of the terms of thiS policy. nor until the amount of the insured's obligatIOn to pay shall have been finally determined either by Judgment agal nst the insured aller actual tflal or by wfllten agreement of the insured, the claimant and the Company. Any person or organization or the legal representative thereof who. has secured such ludgment or written agreement shall thereafter be entitled to recover under thiS policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to lOin the Company as a party In any action against the insured to determine the insured's liability, nor shall the Company be impleaded by the insured or hiS legal representative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the Company of any of its obligations hereu nder 7. other Insurance. The Insurance afforded by this policy IS primary In. surance, except when stated to apply in excess of or contingent upon the absence 01 other insurance. When thiS insurance IS primary and the in. sured has other Insurance which IS stated to be applicable 10 the loss on an excess or contingent basis, the amount of the Company's liability under thiS poliCY shall not be reduced by the eXistence of such other Insurance. When both thiS Insurance and other Insurance apply to the loss on Ihe same baSIS, whether pflmary, excess or contingent. the Company shall nol be liable under thiS policy for a greater proportion of the loss Ihan that stated In the applicable contribution prOVISion below: (a) Contribution by Equal Shares. II all 01 such other valid and collect. ible Insurance prOVides for contributIOn by equal shares, the Company shall not be liable for a greater proportIOn of such loss than would be payable If each Insurer contflbutes 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 loss until each such Insurer has paid ItS limit In full or the full amount of the loss IS paid. (b) Contribution by limits. II any of such other insurance does not prOVide tor contrlbullon by equal shares, the Company shall not be liable for a greater proportion of such loss than the applicable limit ot liability under thiS policy lor such loss bears to the total applicable limit of liability of all valid and collecllble Insurance against such loss. 8. Annual Aurelate. II thiS policy IS Issued tor a period In excess of one year, any limit of the Company's liability stated In thiS policy as "ag' gregate" shall apply separately to each consecutive annual period. 9. Nuclear Eaclusion. I. ThiS policy does not apply: (a) Under any liability Coveralle, to bodily injury or property damal' (1 ) With respect to which an insured under this policy is also an Insured under a nuclear energy liability poliCY Issued by Nuclear Energy liability Insurance Assoclallon, Mutual Atomic Energy liability Underwflters or Nuclear Insurance ASSOCiatIOn of Canada. or would be an Insured under any such policy but for Its termlna. tlon upon exhaustion of ItS limit of liability; or (2) resulting from the hazardous properties 01 nuclear mat,f111 and With respect to which (I) any person or organlzallon IS re quued to maintain finanCial protection pursuant to the AtomiC Energy Act of 1954. or any law amendatory thereof. or (II) lhe insured IS. or had thiS policy not been Issued would be, entitled to Indemnity from the United States of Ameflca, or any agency thereof, under any agreement entered Into by the Unlled Stales ot Ameflca. or any agency thereot, with any person or organlzallOn (b) Under any Medical Payments Coverage. or under any Supplemen tary Payments prOVISion relatang to first ald. to expenses Inculled With re~pect to bodily Injury resulting from the hazardous proptftltl of nuclear material and aflslng out 01 the opera lion 01 a nucN If. cility by any person or organization. " '..'" \ et \ , ~ .~ ~ ~ ~. " I (c) Under any liability Coverage, to bodily Injury or property damage resulting from the hazardous properties of nuclear material, If (I) the nuclear material (i) is at any nuclear lacility owned by, or operated by or on behalf of, an insured or (II) has been dls, charged or dispersed therefrom; (2) the nuclear material is contained in spent luel or waste at any lime possessed, handled, used, processed, stored, trans. ported or disposed of by or on behalf of an insured; or (3) the bodily Inlury or property damage anses out of the furn. iShlng by an insured of serVices, matenals, parts or equipment In connection with the planning, constructIOn, maintenance, op. eration or use of any nuclear facility, but if such faCility IS located within the United States of Amenca, its territories or possessions or Canada, thiS exclusion (3) applies only to property damace to such nuclear facility and any property thereat. II. As used in this exclusion "hazardous properties" include radioactive, tOXIC or explosive prop- erties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "byproduct ma. terial" have the meanings given them In the Alomlc Energy Act of 1954 or In any law amendatory thereof: "spent fuel" means any fuel element or fuel component, solid or liqUid, which has been used or exposed 10 radiation In a nuctear ructor; - MP 00 90 (Ed. 07 77) .~ I "waste" means any waste material (I) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility Included Within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or deVice deSigned or used for (1) separat. ing the Isotopes of uranium or plutOnium, (2) processing or utiliZing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or deVice used for the processing, fabncat. Ing or alloying 01 special nuclear material If at any lime the total amount of such material In the custody of the insured at the premises where such equipment or deVice is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, baSin, excavation, premises or place prepared or used for the storage or disposal of wast., and includes the site on which any of the foregOing IS located. all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus deSigned or used to sustain nuclear fission In a self -supporting chain reaction or to contain a critical mass of fiSSionable malerlal; "property damace" Includes all forms of radIOactive contamination of property. Pace 5 of Ii . r~~"~.'1,,:t!.'I('~:t~1~Jt~,~'''~~,,~~';'li~~.J:I'~ " ,- 'c, .'. ,','. ",-,,,, . '.' '.' - ,. " . .-, _ .. I I DEFINITIONS APPLICABlE TO' SECTION II When used In the proVISIOns applicable to SectIOn II of this policy (Includ- Ing endorsements tormlflg a part hereof): "automobile" means a land molor vehicle, trailer or semitrailer designed tor travel on public roads (including any machinery or apparatus allached thereto), but does not Include mobile equipment; "bodily injury" means bodily Injury, sickness or disease sustained by any person which occurs dUllng the policy period, Including death at any lime resulting therefrom; "collapse hazard" Includes "structural property damage" as defined herein and property damage to any other property at any time resulting therefrom, "Structural property damage" means the collapse of or struc- tural injury to any bUilding or structure due to (I) grading of land, ex- cavaling, borrowing, filling, back-filling, tunneling, pile dllvlng, cotterdam work or caisson work. or (2) moving, shollng, underplnmng, raising or demolition of any bUilding or structure or removal or rebUilding 01 any structural support thereof. The collapse hazard does not Include property damage (I) anslng out of operalions performed lor the named insured by independent contractors, or (2) Included within the completed opera- tions hazard or the underground property damage hazard, or (3) for which liability is assumed by the insured under an incidental contract; "completed operations hazard" I ncludes bodily injury and property dam- age arising out of operalions or reliance upon a representation or warranty made at any time with respect thereto, but only If the bodily injury or prop- erty damage occurs after such operations have been completed or aban doned and occurs away from premises owned by or rented to the named insured. "Operalions" Include matenals. parts or equipment furmshed In connection therewith, Operalions shall be deemed completed at the earliest of the follOWing times: (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, (2) when all operations to be performed by or on be hall of the named insured at the site of the operations have been completed, or (3) when the portion of the work out of which the Injury or damage allses has been put to ItS Intended use by any person or orgamzalion other than another contractor or subcontractor engaged In performing operations for a pnncipal as a part of the same proJect. Operalions which may require further service or maintenance work, or correction, repair or replacement because 01 any detect or defiCiency, but which are otherWise complete, shall be deemed completed, The completed operations hazard does not Include bodily injury or prop- erty damage arISing out 01 (a) operations In connection with the transportalion 01 properly, un- less the bodily injury or property damage allSes out of a condllion In or on a vehicle created by the loading or unloading thereot, (b) the eXistence ot tools, umnstalled equipment or abandoned or unused matenals. or (c) opera lions for which the claSSificatIOn stated In the poliCY or In the company's manual speCIfies "Including completed operalions": "elevator" means any hOisting or lowenng deVice to connect floors or landings, whether or not in service. and all appliances thereol Including any car, platform. shaft, hOlstway, stairway, runway, power equipment and machinery; but does not Include an automobile servIcing hOist, or a hOist Without a platform outSide a bUilding if Without mechamcal power or If not allached to building walls, or a hod or matellal hOist used In altera- tion. construction or demolition operations, or an inclined conveyor used exclUSively lor carrYing property or a dumbwaiter used exclUSively lor carrYing property and haVing a compartment height not exceeding tour feel; "explosion hazard" Includes property damage allslng out of blasting or explOSIOn The explosion hazard does not Include property damage (I) ans- 109 out of the explOSIOn 01 air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (?) aflslng out 01 operatIOns performed for the named insured by Independent con tractors, or (3) Included Within the completed operations hazard or the underground property damage hazard, or (4) lor which liability IS assumed by the insured under an incidental contract; "incidental contract" means any wllllen (I) lease 01 premises. (2) ease- ment agreement, except In conneclion with construction or demollhon MP 00 90 (Ed_ 07 77) i' operatIOns on or adlacent to a railroad, (3) undertakln& to Indemmly a mumclpallty required by muniCipal ordinance, except in connection with work lor the mUl1lclpality, (4) sidetrack aareement, or (5) e1ewalor malnte. nance agreement; "insured" means any person or organization QualifYing as an insured In the "Persons Insured" proVision of the applicable Insurance coverage. The Insurance afforded applies separately to each insured against whom claim IS made or SUit is brought, except with respect to the limits of the company's liability; "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self-propelled, (\) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the named insured, including the ways Immediately adjOining, or (3) designed for use principally off public roads, or (4) deSigned or maintained for the sole purpose 01 affordllll mobility to equipment 01 the fOllowing types lormlng an integral part of or per. manently attached to such vehicle: power cranes, shovels, loaders, dluers and dnlls; concrete mixers (other than the mlx-In-transit type); graders, scrapers. rollers and other road construction or repair equipment; air- compressors, pumps and generators, Includllll spraYing, welding and bUlldl1ll c1eal1lng equipment; and geophysical exploration and well servic. Ing equipment; "named insured" means the person or organization named in Item 1. of the declaralions of thiS policy; "named insured's products" means &oods or products manufactured, sold, handled or distributed by the named insured or by others tradilll under his name, Includllll any container thereof (other than a vehicle), but "named insured's products" shall not Include a vending machine or any property other than such container, rented to or located for use of others but not sold; "occurrence" means an accident, including continuous or repeated ex- posure to conditions, which results in bodily injury or property damace neither expected nor intended from the standpoint of the insured; "policy territory" means: (I) the Ul1Ited States of America, its territories or possessions, or Canada, or (2) Inlernalional waters or air space, provided the bodily injury or property damage does not occur in the course 01 travel or transporta- tion to or Irom any other country, state or nation, or (3) anywhere In the world With respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consumptIOn Within the territory described In paragraph (1) above, prOVided the onglnal SUit for such damages IS brought Within such lerlltory: "products hazard" Includes bodily injury and property damage allslng out 01 the named insured's products or reliance upon a representation or warranty made at any lime With respect thereto, but only lithe bodily in- jury or property damage occurs away from premises owned by or rented to the named insured and after physical possession 01 such products has been relinqUished to others; "property damage" means (1) physlcallnlury to or destruction 01 tangible property which occurs during the policy period, Including the loss of use thereol at any time resulting therefrom, or (2) loss 01 use of tangible prop. erty which has not been phYSically Inlured or destroyed provided such loss 01 use IS caused by an occurrence dUring the policy period; "underground property damage hazard" includes underground property damage as dellned herein and property damage to any other property at any time resulting therefrom. "Underground property damage" means property damage to Wires, condUits, pipes, mall1s. sewers, tanks, tunnels, any similar property, and any apparatus In connection thereWith, beneath the surface 01 the ground or water, caused by and OCCUrring dUring the use 01 mechal1lcal equipment lor the purpose 01 grading land. paving, ex- cavating, dlllling, borrowll1g. 111I1I1g, back-fllllng or pile driVing. The under- ground property damage hazard does not Include property damage (\) arising out 01 operatIOns performed for the named insured by Independent contractors, or (2) included Within the completed operations hazard, or (3) for which liability IS assumed by the insured under an incid.ntal con. tract. e e e Pac. 6 016 .'~~I,~!II~IIIIIII.".~,IH.,.~",4,!,,'~"I~. I SMP AMENDATORY ENDOR~~E~T MP 01 27 (Ed. 12 79) '''n~~ " t , 0 @\ "1979 In consideration of the premium charged, this endorsement is made a part of this policy. The SMP Policy is amended as follows: 1. SUBROGATION General Condition 6. "Subro~ation" of the SMP Policy Condi. tions and Definitions Form IS replaced by the following: 6. Subrogation. (a) In the event of any payment under this policy, the Company shall be subrogated to all the in- sured's rights of recovery against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothin~ after loss to prejudice such rights except as provided below. (b) When SMP Condominium Additional Policy Provision Endorsement MP 00 80 is attached to this policy, the waiver of subrogation condition, paragraph 1. of Form MP 00 80 is deleted and replaced by the following: The Company waives its ri,hts to subrogation against any unit-owner 0 the condominium described in the declarations. (c) As respects coverafe provided under Section I-Property Coverage 0 this policy. this insurance shall not be invalidated should the Insured waive in writing any or all right of recovery against any party for loss. Provided. however, that in the event the insured waives only a part of his rights against any particular third party, this Company shall be subrogated with respect to all rights of recovery which the insured may retain against any such third party for loss from the perils insured against to the extent that payment therefor is made by this Company; all subject to the following additional provisions: (1) This condition does not apply to crime, inland marine or glass coverage written under Section I Property Coverage of this policy; (2) If made before loss has occurred, such agreement may run in favor of any third party; (3) If made after loss has occurred, such agreement may run only in favor of a third party falling within one of the fol- lowing categories at the time of loss: (i) a third party insured under this policy; or (ii) a corporation, firm. or entity (a) owned or controlled by the named insured or in which the named in- sured owns capital stock or other proprietary interest, or (b) owning or controlling the named insured or owning or controlling capital stock or other proprietary interest in the named insured; or (iii) a tenant of the named insured. (d) Except as provided in paragraphs (b) and (c) above the Company shall not be bound to pay any loss if the insured has impaired any right of recov- MP 01 27 (Ed. 12 79) 2. ery for loss. However, it is agreed that the insured may, as respects property in transit. accept such bills of lading. receipts or contracts of transporta- tion as are ordinarily issued by carriers containing a limitation as to the value of such goods or mer- chandise. PERMITS AND USE In the Conditions Applicable to Section I of the SMP Policy Conditions and Definitions Form: A, Condition 16. Permits and Use is amended by adding the following: (c) Without prejudice to this insurance, for there to be an error in stating the name, number I street or location of any building(s) covered hereunder, or of building(s) and personal property if covered under a single item 01 insurance, where there is no willful concealment or mis- representation. B. Condition 17. Vacancy, Unoccupancy and Increase of Hazard is replaced by the following: Permission Is granted for: (a) The described building(s) to be vacant without Iim. it of time. subject to a 15% reduction in the amount of loss payment otherwise due under this policy while the involved building(s) is vacant beyond a period of 60 consecutive days. This penal- ty will not be applicable during the period of any extension whereby the 60 day period is extended by endorsement. ("Vacant" or "Vacancy" means containing no contents pertaining to operations or activities customary to occupancy of the building. A building in the course of construction shall not be considered vacant.) (b) Unoccupancy. Provisions (a) and (b) above do not apply to the perils of vandalism or malicious mischief or sprinkler leakaie. (c) Increased hazards and for change in use or occu- pancy. PERSONAl. PROPERTY Of THE INSURfO The followin. words are deleted from Personal Property of the Insured In Section I. Property Covered: A. "and usual to the occupancy of the insured" in the General Personal Property Form and Special Per. sonal Property Form B. "and usual to the occupancy of the named insured" in the Condominium Unit-owners General Personal Prop- erty Form and Condominium Unit-OWll8ls Special Per- sonal Property Form EXTENSIONS Of COVERAGE In the General Building Form Special Building Form Condominium General Building Form Condominium Special Buildinl Form the followina words are deleted from A. Newly Acquired Prop- erty under Extensions of Coverage: "but not exceeding $100,000" 3. 4. I I . . FLORIDA AMENDATORY ENDORSEMENT IL 01 25 (Ed. 09 83) I. The following provision is added when a Coinsurance Clause applies. Coinsurance Contract: The rate charged in this policy is based upon use of a coinsurance clause attached hereto with the consent of the Insured. II. Thefollowins applies to policies covering properties located in Monroe County and east of the west bank of the Inter-Coastal Waterway in Broward, Dade, Indian River, Martin, Palm Beach and St. Lucie Counties. The Deductible Clause is replaced by the following 8S respects the perils of Windstorm or Hail, if insured against: Windstorm or Hail: The amount determined by using the following percentages of the actual cash value of the property covered, IS designated by In "X" in the boxes shown in the Deductible Schedule below, shall be deducted from anyone windstorm or hail loss covered under this policy. (a) The following is applicable to all properties located east of the west bank of the Inter-Coastal Waterway in Broward, Indian River, Martin, Palm Beach and St. Lucie Counties: o 1% of the first $1,000,000, or fraction thereof, plus I/z% of the next $2,000,000, or fraction thereof, plus 1/.% of the values in excess of $3,000,000; however, in no event shall the amount thus established be less than $100 nor more than $25,000. (b) The following is applicable to all properties located east of the west bank of the Inter-Coastal Waterway in Dade County: o 1% Windstorm or Hail Deductible Clause 1% of the first $2,000,000, or fraction thereof, plus 0.8% of the next $2,000,000, or fraction thereof, plus 0.6% of the next $2,000,000, or fraction thereof, plus 0.4% of the next $2,000,000, or fraction thereof, plus 0.2% of the next $2,000,000, or fraction thereof; however, in no event shall the amount thus established be less than $200 nor more than $60,000. o 2% Windstorm or Hail Deductible Clause 2% of the first $2,000,000, or fraction thereof, plus 1.6% of the next $2,000,000, or fraction thereof, plus 1.2% of the next $2l()()()'ooo, or fraction thereof, plus 0.8% of the next $2,000,000, or fraction thereof, plus 0.4% of the next $2,000,000, or fraction thereof; nowever, in no event shall the amount thus established be less than $1,000 nor more than $120,000. o 5% Windstorm or Hail Deductible Clause 5% of the first $2,000,000, or fraction thereof, plus 4% of the next $2,000,000, or fraction thereof, plus 3% of the next $2,000,000, or fraction thereof, plus 2% of the next $2,000,000, or fraction thereof, plus 1% of the next $2,000,000, or fraction thereof; however, in no event shall the amount thus established be less than $2,500 nor more than $300,000. (c) The following is applicable to all properties located in Monroe County: o In the event of loss caused by windstorm or hail, the Company shall be liable for only _% of the amount of the loss in excess of $ . The above Windstorm or Hail deductible provisions shall apply (1) separately' to each building, if two or more buildings be covered hereunder, (2) separately to building and separately to personal rroperty, if a building and Its personal property be covered hereunder, (3) separately to personal property of each building, if the personal property 0 two or more buildings be covered hereunder, (4) separately to personal property in the open, and (5) as respects all properties located in Monroe County, separately to all screening and supports except window and door screens. The above Windstorm or Hail deductible provisions shall not apply to insurance covering Business Interruption, Tuition Fees, Extra Expense, Loss of Income, Rent or Rental Value or Leasehold Interest. III. The following is applicable only to properties located in the Counties of Broward, Dade, Martin, Monroe and Palm Beach, and in all areas east of the west bank of the Inter-Coastal Waterway in the Counties of Indian River and St. Lucie when this policy is extended to include the Extended Coverage peril of Windstorm: Windstorm Exterior Paint and Waterproofing Clause: It is hereby stipulated that coverage under this policy does not include damage caused in any manner by windstorm to paint or waterproofing material, applied to the exterior of the buildings or structures covered hereunder. The value of paint or waterproofing material shall not be considered in the determination of the amount of deductible and the actual cash value when applying the Coinsurance Clause, when loss is caused by windstorm. IL 01 25 (Ed. 09 83) Copyrllht. Insurance Services Office, Inc., 1983 Copyrilht. ISO Commercial Risk Servlces. Inc., 1983 lJ>. I ' ,. . GL 00 19 07 78 This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (TIle feIIowlnI ilIformatioR is requiqd only wlIen this IlIdonement is lsallld s~ to pI'IfIIrItlon .. polley.) Endorsement Effective PoIlcy Ne. EnlIlIr1Imeld No. Named Insured Countersianed by (Authorized ReprlStfltative) This endorsement modifies such insurance as is afforded by the provisions of the policy rel.tina to the followina: GENERAL LIABILITY INSURANCE SMP LIABILITY INSURANCE BUSINESSOWNERS POLICY AMENDA TORY ENDORSEMENT-ADDITIONAL DEFINITION It is agreed that the following definition is added: "loading or unloadin"" with respect to an .utomoblle, means the handlina of property after it is moved from the place where it is accepted for movement into or onto an .utonlollile or while it is in or on an .......... or while it is beina moved from an .utCllllClblle to the place where it is fin.lly delivered, but "IoIdlna or unlllldlq" does not include the movement of property by means of a mechanical device (other than a hand truck) not .ltadIed to the 1lItemelIIIe. 1 ,I, GL 00 1907 78 . '. <m I. I . GL 00 26 (Ed. 03 81) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following Information iuequired only when tills endorsement Is Issued IIbsequent to prIpIl'ltlon of poJlcy.) Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE SMP LIABILITY INSURANCE NON-OWNED SNOWMOBILE It is agreed that Part 2 of Exclusion (c) is replaced by the following: (2) the operation or use of any snowmobile or trailer designed for use therewith (I) owned or operated by or rented or loaned to any Insured, or (ii) operated by any person in the course of his employment by any ilIIured; GL 00 26 03 81 COVIll"" L 8385a (Ed. \073) CO~E PAIl I' . I COIII'IIEIDSIVE Ill.UL LIABILITY INSURANCE for attachment to Policy No.. if JtI6 ... . 10 complele said policy. AIIlIITIOllAL DEClARA TlOIIS location of all premises owned by, rented to or controlled by the ..-HI ...d (UIU" ........ I' ...... L.OCATION U ADD.... .HOWJIIII" IU. I 0' alC:I..."ATIONel UM nU.-) Interest 01 namad Inlulld in such premisas ,c.ac. onow, DOwner D General Lessee I!J Tenant D Other Part occul.~~.m'd inlured ,a.n. onow, TIta lollowinl discloses all hazards Insured hereunder known 10 lIist at the effective date 01 this policy, unless otltarwisa staled herein. SCHEDULE The insurance affo,ded is only with ,espect to such 01 the follow 109 Coverages as are IOdlcaled by specific premium cha,ge or charges. The limit 01 the company's liabilily agalOsteach such Coverage shall be as stated herein. sub,ect to all the te,ms 01 thIS policy having reference therelo. $ ixI $ $ Tolal AdYIIICt Pmalu. $ DelCrlptila el llaurdl "'.... III.. Ratti U. P.O. Premil.1 . Optrllleu PMU II ,LA__.' M"JI~ WI - IIICL ..... ". 1&11... " I') Are, (Sq. fl.) b) front..t c) R.munlf.UolI (d) Rocolpb 1:/ =:"10"1 """,lief 1.._ ~~ ~~ t?:..s:a' ,::., of Ar.. l~l Per t100 o. lemuR.rlllon ld Per 100 or ....11>11 ') Par nit f) Per 100 Admlulonl Por u"'II.. Escalators I"umber at Pr.lliles) _ AT IKUTI. M1I ladepeadaRt C.llraclers ~~-- '" ", "j" "".~ l'J ,., 11.000 of S,l.. , COIl .. AT 11ICUTI. Mil Ca.pllled o,eralilu (.) ..ctlpla .. I<< 11ItU'T1. MIl "..." ;bl S,al.. 101II. AT IIICLPTUa. UTi '.- ...> >- j:...,.... ;-:t~J. . WlI8ft ulId al . "...luIII bllll: I. "...,,,,..." ll1IInl Ihl 10111 numbll 01 pmon" olher Ihln employeel of th. _141 ""lId, Idmlll.d 10 Ih. .venllnlUlld 0110 .ventl ooIIductld on Ill. 1"'111"11 WillI/III .11 p,'d Id",llIlulIlI.k.tl. "~IIplllll.ntIlY Iwklll Ilr pAU", 2. "...1" IIIUII. Iha 1uI11l.11.1 lu fhe ..... 1I11..d Illlh ,"...ollu oplllllllll' lJt'IUII".d fu' Ih. ..... 1.111" ~UIIII' Ih. pollvy pI'lud b, Illd'Pflldtlll wnl'lClfulI ul ell wurk I.t Uf ,ub 1.1 In tllll/llollo11 wllh ....h 'I..IIIC; plu,..I, tnoludlllM 1111 ,.,1 ul .1I1.bol, m.terl.111Ild .qullNMnl lu,nll/ltd, ulld u, dellvlI.d ru, UIIIII IIta ....ullu" oIlUlih work, wh.the' IUIO""'d by 1111 aWI1lI, cunllltla, 01 Iubc;onll 10101 , 1nc;1u41111 .11 ,.." .llowlllOl', bonu... ur oun,,nl..10111 nlodtl, w.ld UI dllt, "1I.."Is" m.lIllllh. M"III 1I1101/n' OIIt1411I1Y l.hl'M"' by Ih. ..... 11I1Illld 1111 '11' h ulJtllllun, hy Ihl .... III"" III br Utltell dUlln. Ih. pol '" I 1111 hili II ... 1.I.d 'HI I '.',Olpl. 1101. ulhl" th.1I IIUtpl. It"", I.,....lln.. 1111I1111...11111 "'lllUllolI pllillllll, tnd I'""udellllll, U hll Ih," I.... I111I1"h I'" ..... 11'1'" .1111,,11 .. I IIp.lIl. lIonl ,"d IIHllh d"..II, 10 . I"YlIIHII."lllliljlllloll, "1I..lllll1l11l1w" "''''11' Ih. .111111 ""ll11l1lllul. 001110'1 dlllllll Iho ",,11"1 1.11 h,,1 hi 1""1111011111 .11I1 III .11 .mplll"" III Iho ..... lilt..., IIlhll 111111 ,,11111"0111' 111"'1.1111""""' "' IlIuhll. OI,uIIII,"11 III' 1111,,,11 pllullltld loll Ulllll.. .lIbll'" lu IIIlllil"h". ..,nltt,I" 11tII1l.1I111 II 111111111111.114," lul, ',II,liubl. '" "..."d'lIt. wllh Ih. mlflUil, '" UII b, Ih. LUmp'"I, "11111" 1/111111 Ih. 1"1" 111111111I1 ullllulla, ~hll..d hy Ih. alll,d 1lI111'.d 01 bl ullt." Ir.dllll Ulldll hll naln. lUI .11 luod. .nd plu4UC;tllOld ur dlltribul.d dWllII Ih"r.11t' 1Jtlllld .lId ~hIlM.d du'"" Ih. ""III 11Jt1l1M1/UI 1II,1.1I.1IulI. ",vll,lnl III llpall, "ldllKludu lilli, ulltal Ih.n 1...1 whltlh IhI ..... 11II1I','.n .uch olhlll coll.ct .. . "p.1I1. IIl1n .1IIl 1111111 dllll:lly lu . IU..III/11lnl., d'vlllOn luvlIl I. caVUM I a-IaOllY INIUlY mlll1Tf , cawller I-PROPEIITY OAMm lIAlIlITY Th. clllllplny !VIII pay nn bthll! nr th. Ittlllftd all auma w11lch Ih. 11I..d .h.1I btttnm. ".ally nbll.a'ad In p,y II dlllla,.. hacalllt 01 A. ~odlly Injury or B. prDparty dllfttII In "hi'" thl, InlllrtMa ~pll.., .alll.d by ,n ..ourr."n, ,lid 'h. o',,",IMIY Ih.1I h... Ih, rll'tl ,lid duty 10 d,"'"' ,n"lIl1 _,.In't Ih' Inlar" ....'n. .1.n,..,1 nn .....IIn! nf IlIth Udlly In"", or pr.,.rty d.ma.a, "VIII U Iny III 'h, 11I1r."I1.1t af lilt IUU III 11011",,1'11, III.. or llluelllllnl. Ind "',y m.k, IlIrh lllv,,' a.lll1n andllllll,",n' 01 'ny ..I,'m or 11111 lit It dn,ml "PAdl,nl/. bid lh, rompanv .h.1I not be obll.al.d In pay tny .lalm or Iudllolnl or to d..nd aoy 11111 .11" lh. appllcabl. limit at Ih. camplnY'1 1I11llllly hll blln. D,h.1I11.d by paym.n' al llldl"lttlt. or 1I1I1.m.nll. "'-- Thlll_ cIIln not 1!IIl1y: III to 1I1111111y .ssumtd by Ih. ....... und.r 'ny contract or 'Ireement erc.pt .n Inchl.lltal centract; but Ihis erc'uslOn does not apply to . warranty of litne" or Quallly 01 lhe IIIIIl8d Illarad'l productl or a warranly thai work performed by or On behalf 01 fhe namad Insurad will be done in a workmanllk. man"'r; (hi to bOd'Iy 1.'." or pre'lrty dam..e "ising oul of the ownership, maintonancr. Ojle'ol'o'~ use, loodina 0', unlQ.~dill&u[ m IIIIY ......... Of IIICIIlI dIIIllllt'. .' 12I1111Y ='.CCiii"-a;'~ ~ . "Ii. " __ of ~ employmenl by .ny IIIIIrtd, bullhl. ,"clU1lon do.. nollllPly 10 "" plrkl"l of 1ft ......... on prwmlSM IMOId by IInt.d to or controlled by the -' ..."" or tho w." hnme- dlat.l, iCllolnl... If IUCfl ........ II not owntd by Of renltd or Iolnfd to Iny 110..., Icl to ntllly IIoI.y Of ".,my ...... Iflsl"l out of m the _""I,. mllft. Ilftlne.. o,.lIllon. ute. loldl.. or unloadl"l of "" MIll ..-1..... ..h,l. b.I"I U1.d In .ny ".."....ed or or"niltd rlti"l. spe.d 0' domo:it,on contul or In "" sIunU"I ICtivily or in "Klln or p~lIlion 10' .ny such coni est Of Itllvlty or 121 th. operalian or Ole 01 .ny snowmobile or lrailer d.".ned lor use th.re..ith; (ef) 10 bo'lly I."" or "",rty dllll", arllln, out of .nd In tI" count of Ih. lransporl.Uon 01 IIIObll. .qllplIII.' by .n """'111 owned or operattd by or renlfd or lo.n.d 10 Iny Inllred, 1.1 10 botllly Itllry or prop.rty dim... arlsl"l OUI of lh. ownenhlp, mllnl.nlne., operation. use. lolding Of unloadin, 01 1Il any wal.rcllft owned or operated by or rented or loaned to any hmnd. or (2) any olher ",'.rcrall op.rated by any person In the cours. of his em- plo~nt by any Inllrad; bul this IIcllBlon does nol. apply 10 wat.reraft willie ashore on premises owned by, r.nled 10 or Cllnlroll.d by th.""""III,,": (fl '0 bodily Injury or """rly dllll", arising out 01 lhe dlschlr,.. dlspenal. release or escape of smoke. vapors. sool. lumes, acids. alkalis. 10lic chemicals. liquids or ,lSes, wlSt. materials or other irritlnts, contamin.nts or pollulanls Inlo or upon land. the Itmosphere or any waler cours. or body 01 waler, but Ihls IIclusion dnes not Ipply II suth dlscherg.. dlspersll. ref.lSe or escepe Is slldd.n and accldanlel, lal 10 bodily I."" or prop.rty d...... due to wlr. whelher or not declartd. civil wlr. 'nsurrecllon, rebellion or revolution or 10 any ect or Cllndllion Incld.nllo any of Ih. foregoing. with resp.ctlo m liability mum.d by th. Inm.d under en Incltlllltal contnct. or (2) IIp.nses lor IIrsl .Id und.r the Supplem.ntery Peyments provision, (h) to bodily InJury or prop.rty deml18 for which Ihe Insured or his indemnitee may be he'd liable 1Il as e p.rson or orgenizallon engeg.d In th. business of manulaclurlng. dlslrlbullng, selling or servlnlelcohollc bev.rages. or (2) if not so .ngeged, es an owner or lessor of premises used for sllch purposes, If such liability Is Imposed 1II by. or because 01 Ihe violation of. any stltut.. ordinance or regulation perteinlng to the sale. gift. dlslrlbution or use of eny elcnholic beverage. or 1II1 by re8l0n of lhellltlne. ..rvlni m giving of eny .Icohollc b.verel' 10 a minor or 10 . person under the Influence of alcohol or which caus.s or contributes to Ihe Inlolicallon of eny person, but part lill 01 this 'Icluslon does nol apply with r.sp.ct to liability of th. InslIl" or his indemnllee as an owner or lessor descrlb.d In 121 ebov., fil to any obligation lor which Ihe i.lUra' or any clrrier es his insurer may b. hold liable under any workm.n's compensation, unemploymenl compenSl. lion or disability bene fils law. or under any similar law, (jl to bedlly lejtlry 10 any .mployee of lhe IMured Irlsing out of and in the course of his .mploym.nl by Ih. lalur" or 10 .ny obliglllon 01 Ihe 111I111' to Ind.mnlfy anothar beea.... 01 damag.s Irisin. oul of such InjurYr but Ihls .rcluslon do.s not apply to liability assum.d by Ihe IlIIUred under .n Incidental contreet, (kIlo ,nperty ....... to (J) property owned or occupltd by Of rented 10 th. 1tIsn, (2) property used by Ihe 1.lured, or (3) property In th. care. cU1lody or control of th. 111I.. or " to which Ih. lImed Is for .ny purpose .urelsln, phr.lcal control: but parts (2) end (3) of Ihis .lcluslon do nol epp y willt respecl to IIl11l1lty under . wrltt.n side IrICk agreem.nl 100 plrl (3) 01 this exclusion does nol apply with respecllo ",,"rty d..... (ollter th.n to .t.....n) Irlsin, oul of th. us. of en "t"ter al premis.s owned by. rented to or conlrolled by Ihe nalllld IlIImd; 1II to P"IIIrty dllII", to premis.s all.nat.d by the _d Inlllttl Irlslnl out of such premises or Ifty part Ihereof: (m) to loss of UI. of lal1lllbl. property which h" not be.n physlc.lly In)ured or deslroyed resultlnl from 11l . delay in or lack 01 p.rformllllCl by or on b.hlll of Ih. ....d Inll"d 01 .ny conlracl or agre.m.nt. or (2) lh. f.lIur. of Ih. nlmed Inltrad'l ,nlllleh or work perform.d by or on b.hall of the 11IIII" Insulld 10 meel Ihe I.ve' 01 p.rform.ne.. quaflty. fllness or durability warranl.d or represenltd by Ihe ..",.d Inlare': but Ihls erclusion do.s nol IIlPly 10 loss of Ole of olh.r t.ngible property resulting lrom the sudd.n and ICCldental physical injury 10 or destruction of the o.med IMured'l productl or work performtd by or 00 behalf 01 th. n~~~o I................ nam.d Insurt' .1I.r ~.UCh producI! M work hm blln pul Iu U18 by any pnl\Un or or,.nlr.lIun olhlr Ihnn nn 'nlured, (nl to Pllperty ....... tn Ih. ..lIIfd InlUled'l p"dum trll'n, out 01 mh p",oIurls or ."y 1'.' I III IlIrh prlldllcll, 101 III pro"", d.III", III wurk plrlnrntld by or 11I1 b.haU of Ih. """ I...,,, Irl.lna aul 01 th. work or .ny porllon Ibal.III, or oul 01 m.I.t1.II, p.rlt '" 'qllll".llnl lurnl,h.d In rnll".ell,," th.r.wlth, Ipl 10 dam.... d.ltll.d 'nr lh. Wlltllh'WII, IIl'Ilo,lll1n. rl,..lf, 1II,I.,.m",'. nr 10.. "I ,,,. III II.. n.m.. "1111'.'1 pr.dllnlt '" Wl1lk '"""pl..,, Ity III Il1f Ih. _.. InsMlld III III ,"y IIIlIt'mly "I whloh '"' h "",0111I" I1f w"'k fllrm . ~III, II IIwh IIIIIlhll:h, wlIlk III "'''I,ody AI. wlllllhlWII ""'" 1111 ","hl nr "11I11 "" It., III.. ", .IIV k'IIIwII III '"'1,.",.01 ,1.1." "' 01.,11:1.11I V Ih."III, Iql In prepllty d.m..a 11I";lId.oI Wllhll. III tha 1Ir.IOlloO ha,.,d III ""I1I1I1:IIon wllh IIp.r.llnn' 1".nllll.oI In Ihl. polity 'Y I cl...llk.lll1n rndl 1111mb., which 1t1l:'""" Ih. 'ymbol "I", (2) fh. coll,plI hallld 'n connacllon wllh op""lIon, Idont,lIod 'n Ihll policy hy . Cll"illcalllln cndo nllmber which Includos Iho Iymbol "c", f31 Ih. ...dtll"la' prop.rty dama.. hartrd In conn.cllon wllh opII.llollt Id.nllll.d 1n this policy by a dassillc.tlon cod. number which Includes Ihe symbol "u". II. PRSONS INSURED Each of the following Is an lnawed under this Insuranc. to Ih. erlent set forth below. (al ,I the n..d Insured is designated In the declarations as an Individual. the per!\on c;n c1r..i~n.lh~d hut only with respect to lh~ r.ondurt of ;:t hu<;inr"" 01 whlrh Ill' 1<; IIJI' ',nil" no Hielm rtnd thr " nllSr. of the ntlmed Insured wilh jollIl ...... lit ill . 10 ..rlftlt811 IftII "" or member therlO bul only ../Ih Nt"",I Iv hfI IIIII"'ly II aucIt, (el II the -. ....." II doSllOllocl In the doel_ions .. other lhtot III ,... d1vidual. partnelSh,p Of jolnl ....,u... lhe OOIanlll.ioIl .. dosi""'fd IftIIIffy .Iocul,,,,, o"'cer, directo. 0' stocllloldor Ihereof ..tll" k"" ..,Ihi. ",. IttlIlf 01 hIS dut"s ., .och: (ell "" """M lothor Ihl. '" .....".. ar !he __ '-MI or .....11..ioIl ..h,l. tel,.. IS rOil nt.t. m...,.. lor lhe -' .....-. IftII re' ..,Ih '..""cl to It.. """f1"'on I.f the putllOt' 01 Iocooool",. _ . ,.ehc h,"''''Y. 01 ...11t .~....., ro,lSlf'td unci.. .oy malnt ..hoelt rtl,"'II,oo ,.... IiI 1ft .mployH 01 lhe _. ...... whil. opIl1'''' .ny luch tqul-' I. the cou... 01 his ...plo,,"en'. "'" llll .ny othe, """"" wh,le op..at'n~ ..IIh the "",minioll of IN ..... '-" .ny .uch equipmenl rerisl.rod ,n t'" '"... of '''' ...., I...... 1M 'OY ""ISOn Of o'l.nilll,on lerally re.pon"ble lor .uch opt"alion. but only If there is no olh.. valid and collectibl. insunnee ...illbl., .,''''r on I primary or excess basi!, 10 such ~r~o" or ofR8niution: provided Ihal no ""rson or Ofrlftilllion shall "" an 1n1,," undtr !hil par. graph'el with r..pect to, 1Il bedlly I.lury 10 .ny f.llow employ.e of such person injured in Ihe COU'SI of his employmrnt, or /21 prop.rty d.III", 10 properly owned by. rented 10, in tharg. 01 or occupied by the nllned insur.d or Ihe employe, 01 any peltoll deSCIib.d in .ub. paragraph li,l. This in.llranc. dn.s not apply to '811l1y lallry or proPlrty d.III", IIlslnR 0111 01 the condllcl 01 ony partnrlShlp or joint venlu.. nf which lhe InlUred is . plllnPl or member and which is not de.irnated in this policy a, a nlm.d InlUlld. III. LIMITS OF LIABILITY R.gardless of Ihe number of 1Il1MUf.ds under this policy. 121 persons or orlan~ IItions who sustain bodily InjllfJ or prop.rty d.III"" or 131 claims mad. or SUitl broughl On account 01 bodily Injury or proparty dama,., the company's liability il IImiled as follows: Coverll' '-- Th. tolel liability of the company lor all damales, including damages for care and loss 01 services, because of bodily In)ury sustaln.d by one or more persoos as the reslllt 01 anyone occurrence shall not erceed the IImil of bodily Inja" liability stated in the schedule as applicable to "each occorrenc.': Subject to the above provision respecting "each occu".nc.... the total Iiabilily 01 the company for all damages be calise of III all bodily Injury Included wilhln the COIIIpl.lld ,p'"1Ions hlZard and 121 all bodily injury included wilhin Ihe produell hll.nl shall not erceed fhe IImil of bodily InJory Iiabitity stated In the schedule es "aggregale". CIVil'" I-The tolal lI.bllily 01 Ih. company for all damaR.s b.cause of all prtperty lalllll8 suslained by one or more persons or organizations as the resull of anyone oeeurrenc. .hell not erc.ed the limil of proparty daml" liability stated in the schedule as .pplicable 10 "each occurrenc.", Subject 10 Ih. above provision respecting "each occurreace", th. total liability of Ihe company for alt damages because of all property d.m'I' 10 which this coo.rale applies Ind desc,ibed in any of Ihe numbered subparagraphs b.low shall not erceed th. limit of property damala liability stat.d In Ihe schedule as "aggregale" : (J) all property d..... lIising out of premises or operations raled on are. munerallon basis or contraclor's equipment ret.d on a rec"pls basis. ineluding prlfl.rty d.lII811 lor which liability Is assum.d under any In. cld..,.1 canlrlCt relating 10 such premises or op.rallons, but excludinl property dllll... Included in subpllagraph (2) b.low, (2) all P"Plrty d'IllI" lIisinl oul of and occurring In the cours. 01 operallons perlormed lor Ihe llIlII.d Inll'" by independent contraclors and g.neral supervision Ihereol by Ih. lIIII.d Iftlured, including any such property d.... lor which IIl11i1lty Is assumed under any Inclde.I.1 conlllcl relating 10 such operalions. bul this subparagraph (2) do.s not include pra,.rty ...... Irising oul 01 mainl.nence or repairs at pr.mlses owned by or rented 10 Ihe .,m.' IlSurtd or struclural allerallons at such premises which do nol Involve changing lhe sile of or moving buildings or olher slructures; (3) all prop.rty d'IIII.' Included within the producta haz.n! and all prop.rty d...... included wilhin the compl.,.d op'"Uons hlZard. Such aggregate limit shall apply separately to Ihe prop.rty dlmll' d.scribed In subparagraphs (J), 12) and 13) above. and under subparagrlphs (J) and 121. separat.ty with respecl 10 each projecl away from premises owned by or renled to the nam.d IlIulld. Cover.... A and I-For Ih. purpose of delermlning Ih. limit of Ihe compeny's IIl11l1ity. all bodily injury and prop.rty dam... arising 0111 of continuous or reo peated llposure 10 substantially the same general conditions shall be considered as arising out of one .ccurrenc.. IV. POLICY TERRITORY This insurance applies only 10 bodily InJIIlJ or proplrty dllllll8 which occurs within Ihe polley t.rrltory. Roger Bouchard Insurance. Inc. P. O. Box 6090 Clearwater. Florida 33518 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE INSURED Clearwater Shuffleboard Club 1020 Calumet Street Clearwater. Florida 33515 COMPANY A LETTER COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDOIYY) DATE (MMIDOIYY) AGGREGATE BODILY $ $ 3/15/84 3/15/85 INJURY PROPERTY $ $ DAMAGE BI & PO $500. $500. COMBINED PERSONAL INJURY $ BOOll Y $ INJURY (PER PERSON) BOOll Y INJURY $ (PER ACCIDENT) PROPERTY $ DAMAGE BI & PO $ COMBINED BI & PO $ COMBINED STATUTORY 3/15/84 3/15/85 (EACH ACCIDENT) (DISEASE-POLICY LIMIT) (DISEASE-EACH EMPLOYEE) GENERAL LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLlAPSE HAZARD PRODUCTs/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY MP 59 246 486 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS .(OTHER THAN) PRIV. PASS. HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY t'JC 30 536 505 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESlSPECIAL ITEMS City of Clearwater Department of Recreation & Parks P. O. Box 4758 Clearwater. Florida COMPANIES AFFORDING COVERAGES COMPANY LETTER A B C D E RECEIV COMPANY LETTER American States Insurance Co. CLEARWATER SHUFFLEBOARD 1020 Calumet St. Clearwater, FL 33515 CLUB COMPANY LETTER , -1/", , ...-" COMPANY LETTER L t:.'::- R' k/ 1/ .R", COMPANY LETTER a COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above~~~~~~~. Limits of lIablllt 'n ousan I EACH OCCURRENCE TYPE OF INSURANCE POLICY NUMBER POL ICY EXPIRATION DATE AGGREGATE GENERAL LIABILITY BODIL Y INJURY A o COMPREHENSIVE FORM K3 PREMISES-OPERATIONS o EXPLOSION AND COLLAPSE HAZARD o UNDERGROUND HAZARD o PRODUCTS/COMPI ETED OPERATIONS HAZARD o CONTRACTUAL INSURANCE o BROAD FORM PROPERTY DAMAGE o INDEPENDENT CONTRACTORS o PERSONAL INJURY 01-AM-165~}~~::~,~~, :~' C' ~-, '~ t:. '",. ' . ! V l-~ U 3/15/83-84 PROPERTY DAMAGE $ $ "'!0 i.t...' BODIL Y INJURY AND PROPERTY DAMAGE COMBINED s 500 s 500 '':nTY CLERl<,,- PERSONAL INJURY $ A WORKERS' COMPENSATION and EMPLOYERS'L1ABIlITY OTHER WC221288-2 3/15/83-84 BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) $ $ AUTOMOBILE LIABILITY o COMPREHENSIVE FORM DOWNED o HIRED o NON-OWNED PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED $ EXCESS LIABILITY o UMBRELLA FORM o OTHER THAN UMBRELLA FORM BODILY INJURY AND PROPERTY DAMAGE COMBINED (f./lCH ACCIDENT) DESCRIPTION OF OPERATIONS/LOCATIONSiVEHICLES Cancellation: Should any of the above described poliCies be cancelled before the expiration date thereof, the issuing com. pany will endeavor to mail ~ days written notice to .the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Clearwater Dept. of Recreation & P.O. Box 4758 Clearwater, FL 33518 Parks 9/9/83 pb ACORD 25 (Ed, 11-77) ~... ,~. ,_~~..~ ."1.t, . ':;.;''1 ~ -"" CITY OF CLEf WATER ~ 3050 INTER-OFFICE COMMUNICATION 0' ~--~ TO S:: L:::::': :eputy City FROM . <. - .- _~:s . Parks and DATE June q , 19--32- Clerk Recreation ~---------------------- - 1:W --'~' SUBJECT Clearwater Shuffleboard Club Attached is a copy the insurance policy for the Sbuffleboard Club. (American States Insurance Company Policy No. 01-AM-165939-1) Please attach to Lease. Thanks. -', ~ IlEC~ JUM 10 - ~ art p.E.d [] PLEASE REPLY ON REVERSE SIDE AMERICAN STATES INSURANCE COMPANY INDIAN.\POLIS. INDIANA ,. . l AMPAC PACKAGE POLICY . ********************************** POLICY NUl'1BER: * DECLARATIONS * RENEWAL OF: ********************************** ,\ -1/ PAGE 1 .. 01-AH-165939-1 NEW INSURED NAME AND ADDRESS: CLEARWATER SHUFFLEBOARD CLUB 1020 CALUMET STREET CLEARWATER. FL 33515 AGENT: ROGER BOUCHARD INSURANCE IHe POBOX 6090 301 S MISSOURI AVENUE ClEAWATER. FL 33518 09-08580 C 311) LEGAL ENTITY: POLl CY. TERM: CORPORATION FROM 03-15-82 TO 03-15-83 12:01 AM STANDARD TIME AT DESCRIBED LOCATION *********************************************************************************** * * * * * TOTAL' ANNUAL PREMIUM * * DUE ON EFFECTIVE DATE: $ 181 * * * * * *********************************************************************************** IN CONSIOER~TION OF THE PREMIUM% INSURANCE IS PROVIDED THE NAMED INSURED WITH RESPECT TO THE DESIGNATED PREMI~ES AND WITH RESPECT TO THOSE COVERAGES AND KINDS OF PROPERTY FOR WHICH A SPECIFIC LIMIT OF LIABILITY IS SHOWN1 SUBJECT TO ALL OF THE TERMS OF THIS POLICY INCLUDING FORMS AND ENDORSEMENTS MAuE A PART HEREOF. SECTION I cm4MERCIAL FIRE INLAND MARINE ...........................................-.... .............................................. $ $ 16 52 SECTION II ----- GENERAl,LIABILITY ...........................................$ 76 SECTION III BONDS ....................................................... $ 31 FORMS APPLYING TO SECTION I 1________ AM100A( 1277) SECTION I-GENERAL PERSONAL PROPERTY AMI02(0280) ADDITIONAL PERILS END F-3B(0680) MISCELLANEOUS ARTICLES-ALL RISK 9-CIM(0181) POLICY PROVISIONS INS. ATTACHMENT CLAUSE FORMS APPLYING TO, SECTION II - - -- 9-CCGL(0130) ~ . COMPREHENSIVE GENERAL LIABILITYINS.CQV. 9~287(1073) lIMITS LIABILITY (COMBINED SINGLE LIMIT) 9-42(0668) GENERAL CHANGE ENDORSEMENT fORMS APPLYING TO SECTION III ------------------ ~P0450(1279) SMP COMPREHENSIVE CRIME COVERAGE END FORMS APPLYING TO MORE THAN ONE SECTION --- ...... AM1(0480) '- POLICY CONDITIONS AND DEFINITIONS THE DECtAR AND THE COUNTERSIGNATURE D4TE 4GENT Q_A"'" n.&.An' C'r-n n~nL GENERAL:lIABILITY DECLARATIONS EXTENSION > INSURED: "a..EARWATER SHUFFlEJoARD CLUB PAGE " 3 P~.JCY NUMBER: OI-AM-165939-1 COVERAGE I ----------..-........ A. BODILY INJURY lIABILITY 1$ 8. P,ROPERTY DAMAGE lI,ABlllTY " E. PREMISES MEDICAL PAYMENTS $ lIMITS OF LIABILITY ---- 500,000 PER OCCURRENCE $ 500,000 AGGREGATE- COMBINED SINGLE LIMIT PER PERSON $ PER ACCIDENT LOCATION 1. 1020 CALUMET STREET CLEARWATER,Fl 33515 CLASS I COVERAGE' INFORMATION ------- -- PREMISES-OPERATIONS - Ol&T INTEREST OCCUPIED I EXPOSURE RATE I PREMIUM, \, 86414 ** LOCATION fJ 1** PARKS OR PLAYGROUNDS -1 ACRE OR LESS INCLUDING CHARGE FOR ADOITIONAL:INSUREO EACH ACRE B I PO TO MEET COVERAGE MINIMUM BI TO MEET COVERAGE MINIMUM PO 1 1 15.1500 $ 16 6.3700 6 18 36 --- $ 76 TOTAL .......... -------~- ------ 9-AMM(0480) , SOUTHE AST IKD) PREPARED 04-12-82 CM2EO SEQ.0498 " Attached To ond forming 0 PoIt 01: , Completeon'lI when this endorsement is not prep red with the 'policy or when the effective date differs from the policy. Pol. No.: Insured: Eff.: ADDITIONAL INTEREST ENDORSEMENT Additional premium for this endorsement: $ Incl. Name V: City of Clearwater .... Dept. of Recreation &. Parks P.O. Box 4758 Clearwater, Fla33518 1. It is agreed that such insurance as is afforded by the policy shall also apply to each interest named herein, as an insured; but such inclusion of additional interest or interests shall not operate to increase the limits or the company's liability. 2. It is further agreed that, if this policy is issued to a fiduciary, the insurance afforded by this endorsement shall not apply to - any executive officer or employee with respect to injury to or sickness, disease or death of another executive officer or employee of the same employer injured in the course of such employment. this endorsement is subject to the limits of liability, exclusions conditions and other terms of this policy which are not inconsistent herewi th. ,<,'~' )>".;-r~~~ ~}~" ;l".\~;' ~~' ~',\ '.' ":': 1 ... :,,#: '. \T.i- "'1. ......,:~., ..~"'" ...... ,", 1i tl \ , ". ,;~" -- " , ,. ." ~ l~iI. (". Vi".' \ ij , .... l!e... i-i. JL'N T 198? ~ 'I: I' \' ,\ ~ U ~ll" I.' ;'1 L /' All other terms of this policy remain unchanged. ~ A....rica" State. IlIIwa_ C_pa", A....rica"rcon_' IlIIwallCe C_pa", INDIANAPOLIS, INDIANA ,,~~ CL- President L~ ~ LfaA..J~I- Secretary Countersi,ned by Form 9-42(5) (5-70) fl......... c......_, ~.No.. I nsu red: red with e policy. LIMITS OF lABILITY AMENDATORY Ei..DORSEME~'"T (COMBINED SINGLE LIMIT) COmplete only when this endorsement is not pre the policy or when the eHective date diHers from Elf.. This eDdorsemeDt modifies such iDsuraDce as is afforded by the provisions of the policy relating to the followin1l;o COMPREHENSIVE GENERAL LlABlllTY INSURANCE CONTRACTUAL LIABnlTY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABlllTY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABlllTY INSURANCE STOREKEEPERS' LIABILITY INSURANCE ULTRA COMPREHENSIVE LIABILITY ENDORSEMENT Such insurance as is afforded by the. policy applies subject to the following provisious: L The limit of the canpany's liability for DAMAGES under all BODILY INJURY liability aDd PROPERTY DAMAGE liability coverages, shall be a single limit of liability as stated herein: $ ea$'6c:dIRRENCE' " ~"> aggregate' <"'\ .;1 ~' ,,~',.",- .-' ~,. 'i~,J ."' .'''i. J .... ,~.-1".-\ r- r.. ~ ~., "! ~~? ::';;'~ .~1.'itt l:~ j :.'J- >.. ~ 'yJ- ,'j -,J",.; '- :: ,~u ~:.~ ~,.l.;./ <;;:'''~~' '..'," $ 2. All provisious in the policy captioned "Limits of Liability" coDtaiDing reference to the company's liability on accouDt of BODILY INJURY liability or PROPERTY DAMAGE liability are deleted. 3. The following provision is added to the policy: LIMITS OF L1ABIUTY Regardless of the munber of (1) INSUREDS UDder this policy, (2) pe1'IODI or organi2ations who sustain BODILY INJURY or PROPERTY DAMAGE, or (3) claims made or suits brought on accOUDt of BODD.Y INJURY or PROPERTY DAMAGE, the company's liability is limited as follows: The totalliabillty of the company for all damages, iDcluding damages for care and loss of lerVices, under all BODILY INJURY liability and PROPERTY DAMAGE liability coverages of this policy because of BODILY INJURY or PROPERTY DAMAGE sustained by one or more persons or organizations as a result of anyone OCCURRENCE shall not exceed the limit of liability shown above for "each OCCURRENCE". Subject to the above provisions respectiDg "each OCCURRENCE", the total liability of the company for all damages arisiDg out of the PRODUCTS HAZARD aDd COMPLETED OPERATIONS HAZARD shall not exceed the limits of liability stated above as "aggregate". Subject to the above provision respecting" each OCCURRENCE", the totalliabillty of the company for all damages because of all PROPERTY DAMAGE to which the policy applies (1) arising out of premises or operations rated on a remuneration basis 0. contractors ecplpment rated on All other terms of this policy remain 'unchanged. ~'AJlSlJlU~'!I ~..1'~ _...--.ca American States Insurance Company American Economy Insurance Company INDIANAI"OLlS, INDIANA ,,~~---/ 0-.- President Countersigned by Form 9-287 Ill\.. 7~ \ L ~ LferA.-'~' - Secretary '. , , receipts basis, including liability &$SWIled UDder any incideDtal CODtract relatiDg to sum pI'eDliJea Cll' operatiOllS; or (il) arisiDg out of aDd occ:mring in the course of operaticas, ocher than m91WnaDCe c:w repairs at pl'emilel owned by or rented to the NAMED INSURED or stzactural alteratiODl at sum premises which do DOt involve changiDg the size er of moving baildiDp or ocher stzactures, performed fer the NAMED INSURED by iDdependeDt CQlltracton aDd general supervisiQll thereof by the NAMED INSURED Including liability assumed UDder any INCIDENTAL CONTRACT relating to such operatiODl; er (ili) Included withiu.the CONTRAC1UAL LIABILITY PROPERTY DAMAGE COVERAGE shan not exceed the limit of liability stated above as "aggregate." Said aggregate limit of liability shall apply separately to (1), (il) and (ill) and UDder eam separately to each project away from premises owned by er reDted to the NAMED INSURm. .JW!i :t:~ 4. For tf?e purpose of determining the limit of the Company. liability, all BODILY INJURY lIIld PROPERTY DAMAGE arising out of com:iDuous or repeated exposure to substantially the same general conditiOllS shall be CODSidered as arising out of one OCCURRENCE. ", " I t THE TRAVELERS HARTFORD, CONNECTICUT J, ! ~.. IKJ CANCELLATION NOTICE. Please take notice that the Policy designated below, issued to the insured named below, has been canceled. Your interest under the Policy is canceled effective on the date stated below. o NOT TAKEN NOTICE. Please take notice that the Insured named below has not accepted the Policy designated below and therefore no insurance has come into force thereunder. o AMENDMENT NOTICE. Please take notice that, effectiv,e on the date stated below, the Policy designated below has been amended as follows: NAME AND ADDRESS OF INSURED CLEARWATER SHUFFLEBOARD CLUB 1020 CALUMET STREET CLEARWATER FL 33515 PRODUCER OR AGENT ISSUING OFFICE BOUCHARD ROGER INS INC CLEARWATER , POUCY"NO. WRITTEN NOTICE IS HEREBY GIVEN TO YOU AS: THE PERSON TO WHOM AN o INSURANCE CERTIFICATE WAS ORIGINALLY ISSUED; AN ADDITIONAL ~ INSURED UNDER THE i TERMS OF THE POLICY; o A MORTGAGEE; A BANK OR O FINANCE COMPANY r- CITY OF CLEARWATER, DEPT. OF RECREATION & PARKS POBOX 4758 CLEARwaTER FLA 33518 I THIS NOTICE IS GIVEN ONLY BY THE COMPANY OR COMPANIES WHICH ISSUED THE POLICY DESIGNATED ABOVE. L ~ C-5358 REV.7-77 PRINTED IN U.S.A. , 'I AMfRICAN STAlES 1.N~URANCE COI-1PANY. . INOIAN.APOl tS. INDIAr\' AMP^C P~CK~GE POLIWV POLICY NUMtlER: RENEWAL OF: . PAGE I 3CJ So . ~********************************* I:: DECL AHAT IGt\S * ***************.****~.************ Ol-A14-165939 01-AM-165939 INStlHED ~M:;E UW \iJDR.ESS: Cl[AR~^TER ShUFFLEBGAKu (lUe 1020 CALUMET STREET CLtAl<.WATER, FL 33515 AGENT: ROGER BOUCHARD INSURANCE INC POBOX 60'10 301 S MISSCURI AVENUE ClEAkATEK. FL 33518 09-08580 (317) J:GAl : NT I TY: JDLI C Y "ERM: COPPCRATICN FRn~ 03-15-83 TO 03-15-84 12:01 AM STANDARD 'TIME AT DESCRIBED tCCATICN ~*******************************.***********~***********************************: TCTAl AN~UAL PREMIUM DUE ON EFFECTIVE CATE: $ 183.00 ,;t. T***************************************************.**************************** N CONSIDERATION OF ThE PREMIUM INSURANCE IS PRUVIDED THE NAMED INSURED WITH ,[SPEer TO THE DESIG~ATEO PREMI~ES AND ~ITH KESPECT TO THOSE COVERAGES AND KINOS JF PROPERTY FUR kHICH A SPECIFIC LIMIT (f lIABILITY IS SHOWN, SUBJECT TO All Of fHE TERMS OF THIS POLICY INCLUDING FORMS ANC [NDORSE~ENTS MADE A PART HEREOF. iECT ION I ~-------- COt-tMERCIAL FIRE INLAND MA:~H\E ............................................ ........................-.................. $ $ 18.00 52.00 ;ECTHJN II ---------- GENERAL lIABILITy........................................ $ 76.00 ;ECTION III BONDS ................................................~... S 37. 00 :ORMS APPLYING TO SECTICN I .-----.---------------- ,MIGOA( 1277) AMI02(0230) F-38 (0680 l 9-CIM(0181) SECTION I-GENERAL PERSO~Al P~GPfRTY ADDITIONAL PERILS END MISCELLANECUS ARTICLES-ALL RISK FlCATER peLICY PROVISIONS INS. ATTACHMENT CLAUSE ORMS APPLYING TO SECTION II ~-------------------------- I-CCGL (0180) 9-287(1073) 9-42(Ob68) COMPREHENSIVE GENERAL LIABILITY INS.COV. LI~ITS LIABILITY (COMBINED SI~GLE LIMIT) GENE~AL CHANGE ENDORSEMENT ORMS APPLYING TO SECTICN III ----------------------------- 'P0450(1279) S~? COMPREHENSIVE C~IME COV~RAGE END ORMS APPLYING Te MORE THAN CNE SECTION --------------------------- AM1(0480) POLICY CUNDITIGNS ^ND DEFlt\ITfcNS THE DECLARATIONS PAGE(S) TOGETHEk WITH PUlICY CONDITIONS AND lHE fORMS ATTACHED H.ER~. . ~ COOMPLE~E.-1;HIS PGlICY.. CUNTERSIGNATURE DATE ( ~ d. ~~ .AMM( 0480) ORLANDO (20pRIGINAL PP.EPAt~ED 02-01-83 CM2EO AGENT COMK1:RCIM. FIRE PAGE 2 ECLARATIONS EXTENSION I NSURED: CLEARWATER SHUFFLEBOARD CLUB I POLICY NUMBER: Ol-AM-165939-2 JCATION 1 ADDRESS: 1020 CALUMET STREET ClEAK~ATER, FL 33515 ----------------'------------------------------------------------- _DGIFLOURS I 'CONSTRUCTION IUNITS ISPRINKlfREDI OCCUPANCY ---------------------------------.--------------------------------- 1 I 1 I Nct~-CCMEUST I Bl E I Nt A I NO I SHUffL EBOARD CLUB --------------------------------------------------------------------------------- ITE~(S) AMOUNT I RATE ICOINS %IPERILI PREMIUM ------------------------------------------------------'----------------_--..... :RSONAL PROPERTY OF IN~URED 1$ 510001 .1551 90 IFIRE 1$ 8 .131 EC 7 .008 VMM 1 .034 Bf 2 AMIC04dO) AMIOOA(1217) AMI02(0280) TGTAl ...... $ }BJECT Te FORM NelS). 18 -AMM(04dO) ORLANDO C 20 pRIGINAL PREPARED 02-01-83 SEQ.086 ~~ClARATICNS EXTENS10N I :NSURED: CLEARWATER SHUFFLEBOARD CLUB GENERAL :tIAB}lITY PAGE 3 ~GlICY NUMBER: Ol-AM-165939-~ -------------------------------------------------------~----------------------- COVERAGE lIMITS Of LIABILITY ..-------------------------------------------------------------------.-- · BODILY INJURY LIABILITY 1$ 500,000 PER OCCURRENCE $ 500,oeo AGGREGATE . PROPERTY DAMAGE LIABILITY COMBINED SINGLE LIMIT · PREMISES MEDICAL PAYMENTS $ PER PERSON $ PER ACCIDENl --------------------------------------------------------------------------------- L OCA I I eN INTEREST OCCUP lED 1. 1020 CALUMET STREET CLEARWATEK,fL ~3515 -------------------------------------------------.------------------------- CLASS I CCVEf~AGE INFaK~AT I ON J EXPO SU1{E RA TEl PREMI UM ------------------------------,--------------,--------------------------- PREMISES-OPERATIC~S - GltT :'414 ** lCCATICN # 1 ** PARKS OR PLAYG~GUNOS - 1 ACPE OR LESS INCLUDING CHARGE FOR AD[ITIC~AL INSURED EACH ACRE BI PO TO MEET COVERAGE MINIMU~ BI TO MEET COVERAGE MINIMUM PD 1 1 15.1500 $ IE 6.3100 E Hl 3E -------- $ 111 TCTAL ........... .,-------------------------------------------------------"-'---------- .AMM( 0480) ORLANDO (20) ORIGINAL PREPARED 02-01-83 CM2EO SEQ.0861 E:C'lARATIONS EXTENSION ~SUPED: CLEARWATER SHUFFLEBOARD CLUB lOCATION I COMM.ERCIAl INl~ANO MARINE I PAGE .\ 1. 1020 CALUMET STREET CLEARWAlER, fL 33515 POLICY NUf~BER: OCCUPANCY ---------- SHUFFLEBOARD CLUB o l-AM-165939-2 ,..-----.-------------------------------------------.--._----- flOATER(S) 15C~llOcl A~T Df INSI PATE IDEO I PREMIUM ...------..----------------------.--------- ----------------------------------- [SCELlANEOUS ARTICLES-ALL RISK FLCATERIYESI 11 2,0961 2.50CJ 1001 52 T[lAL....... $ 52 100RSH'ENTS ATTACHED: F-3B(06BOl 9-CIM(OlSl) -AMH(0480) ORLANDO (20) ORIGINAL PREPARED 02-01-83 SEQ.086; _ -.J ;'10 i.i<r.I_ . IIlIP' COMMERCIAL INLAND ~ARINE POLICY :ClARATIONS EXTENSION t PG~ICY NUMBER : ;~SURED: ClEARWAT ER SHUfFl EBOARD CLUB :HEDUlED I T EMS PAGE 5-lASl Ol-AM-165939-2 ',CATION 1 ,HfDUlE FOR: MISC~llANEOUS ARTICLES-All RISK FLOATER ~------------------------------------------------------------------------------- ITEM AND DESCRIPTION AMI OF INS .-----.------------------------------------------------------------------ HAllfNGER AMPLIFIER ~COEl CH 30 SERIES 1-113 $ 200 LARKS SANOER AND BUFFER ~ITH ATTACHMENTS, SER.NO.110MD 350 ~E THOMPSON VACUMM CLEANE~ W/ATTACHMENTS, MODEL AD 150 :0.141311 INGER ELECTkICAl ekCCM ELL 10 ~ATT AMPLIFIER & SPEAKER, NO.210282 ENNCREST ELECTRICAL ADDING MACHINE, SER.NO.16483 MITH CORONA ELECTRIC V TYPEWRITER SERIES 5 TE ENITH 17" TElEVISICN MrulEl C22234 ESTBROOK SPINET plANe 30 100 76 190 200 800 .GFM (04U 0) (JRlANOO (20) ORIGINAL ~_":"",,,,,,,,,,,,,,,,_,,,,,-_~_,,,,,,,~,"";';"';'i.,,c.u;~.,;.:,.~~,--...~_~:..~-;:';'';:'~''~;'":..t... ~ , I ! I · -- 5 )~~~ (-~~ ~ American States Insurance Company American Economy Insurance Company INDIANAPOLIS, INDIANA I Form AMP-1 (Ed. 4-80) AM PAC. I POLICY CONDITIONS AND DEFINITIO~S . GENERAL CONDITIONS MP 00 90 The following Conditions apply to Section I and II except as otherwise indicated. Additional Conditions or modifications of the following Conditions may appear in the specific coverage sectIOns. 1. Premium. All premiums for this policy shall be computed in accor- dance with the Company's rules, rates, rating plans, premiums and mini- mum premiums applicable to the insurance afforded herein. If this policy is issued for a period in excess of one year with a specified expiration date and a' premium is payable at each anniversary, such pre- mium shall be determined annually on the basis of the rates in effect at the anniversary date. If this policy is issued for a period without a specified expiration date, it may be continued by payment of the required premium for the succeed- ing annual period. Such premium must be paid to the Company prior to each anniversary date; if not so paid. this policy shall expire on the first anniversary date that the said premIUm has not been received by the Company. 2. Time of Inception. To the extent that coverage in this pOlicy replaces coverage in other policies terminating noon standard time on the incep- tion date of this policy, coverage under this policy shall not become effec- tive until such other coverage has terminated. 3. Cancellation. This policy may be cancelled by the named insured by surrender thereof to the Company or any of its authorized agents or by mailing to the Company written notice stating when thereafter the cancel- lation shall be effective. This policy may be cancelled by the Company by mailing to the named insured at the mailing address shown in the Dec- larations, written notice stating when not less than ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the Company shall be equivalent to mailing. If the named insured cancels. the Company shall. upon demand and sur- render of this policy, refund the excess of paid premium above the cus- tomary short rates for the expired time. If the Company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either althe time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned pre- mium is not a condition of cancellation. Notice of cancellation addressed to the named insured and mailed to the mailing address shown in the Declarations shall be sufficient nolice to effect cancellation of this policy. 4. Concealment or Fraud. This policy is void if any insured has inten- tionally concealed or misrepresented any material fact or circumstance relating to this insurance. 5. Assignment. Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon. However, if the named insured shall die, this insurance shall apply; (a) to the named insured's legal representative. as the named insured, but only while acting within the scope of his dulies as such; or (b) to the person having temporary custody of the property of the named insured but only until the appointment and qualification of the legal representative. 6. Subrogation. (a) In the event of any payment under this policy, the Company shall be subrogated to all the insured's rights of recovery against any person or organization and the insured shall execute and deliver instru- ments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. (b) The Company shall not be bound to pay any loss if the insured has impaired any right of recovery for loss; however, it is agreed that the insured may: (1) as respects property while on the premises of the insured, release others in writing from liability for loss prior to loss, and such release shall not affect the right of t~e insured to recover hereunder, and I (2) as respects property in transit, accept such bills of lading, receipts or contracts of transportation as are ordinarily issued by carriers containing a limitation as to the value of such goods or merchandise. 7. Inspection and Audit. The Company shall be permitted but not obli- gated to inspect the named insured's property and operations at any time. Neither the Company's right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on behalf of or for the benefit of the named insured or others to determine or warrant that such property or operations ar~ safe or healthful or are in compliance with any law, rule or regulation. The Company may examine and audit the named insured's books and records at any time during the policy period and extensions and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 8. liberalization Clause. In the event any filing is submitted to the in- surance supervisory authorities on behalf of the Company, and: (a) the filing is approved or accepted by the insurance authorities to be effective while this policy is in force or within 45 days prior to its inception; and (b) the filing includes insurance forms or other provisions that would extend or broaden this insurance by endorsement or sub- stitution of form, without additional premium; the benefit of such extended or broadened insurance shall inure to the benefit of the insured as though the endorsement or substitution of form had been made. 9. Insurance Under More Than One Coverage, Part or Endorsement. In the event that more than one coverage, part or endorsement of this policy insures the same loss, damage or claim, the Company shall not be liable for more than the actual loss or damage sustained by the insured. 10, Waiver or Chanle of Provisions. The terms of this insurance shall not be waived, changed or modified except by endorsement issued to form a part of this policy. AMPAC$ REGISTERED IN u.S. PATENT AND TRADEMARK OFFICE Form AMP-l (Ed 4-80) Page 1 of 7 "-_.'''-'--'_N__;'_'<li<~~l!o.,,., ~~,MIII1"~"'-' ,- r- I I CONDITIONS APPLICABLE TO SECTION I 1. Policy Period, Territory. Section I of this policy applies only to loss to property during the policy period while such. property IS within or be- tween the fifty states of the United States of America, the District of Co- lumbia and Puerto Rico and between such places and the Dominion of Canada, 2. Deductible. Unless otherwise provided in the Declarations: (a) The sum of $100 shall be deducted from the amount of loss to property in anyone occurrence. This deductible shall apply: (l) separately to each building, including personal property therein; (2) separately to personal property in each building if no c~verage is provided on the containing building; and (3) separately to personal property in the open (including within vehicles), (b) The aggregate amount of this deductible in anyone occurrence shall not exceed $1,000, 3. Coinsurance Clause. The Company shall not be liable for a greater proportion of any loss to property covered than the limit of liability under this policy for such property bears to the amount produced by mul- tiplying the actual cash value of such property at the time of the loss by the coinsurance percentage stated in the Declarations, In the event that the aggregate claim for any loss is both less than $10,000 and less than 5% of the limit of liability for all contributing insurance applicable to the property involved at the time such loss occurs, no special inventory or appraisement of the undamaged property shall be required providing that nothing herein shall be construed to waive the application of the first paragraph of thiS clause, II insurance under Section I of this pOlicy is divided into separate limits of liability, the foregoing shall apply separately to the property covered under each such limit of liability 4. Removal. This policy covers loss by removal of the property covered hereunder from premises endangered by the perils insured against. and the amount of insurance applies pro rata for five days at each proper place to which such property shall necessarily be removed for preservati~n, 5. Debris Removal. This policy covers expense incurred in the ~emoval of debris of the property covered which may be occasioned by loss' by any of the perils insured against in this POliCY, The total amount recoverable under this policy for both loss to property and debris removal expense shall not exceed the limit of liability applying to the property. Cost of re- moval of debris shall not be considered in the determination of actual cash value when applying the Coinsurance Clause, 6. War Risk And Governmental Action Exclusion. This policy under Sec- tion I shall not apply to loss caused, directly or Indirectly, by or due to any act or condition incident to the following: (a) hostile or warlike action in time of peace or war, including actIOn in hindering, combating or defending against an actual. impending or expected attack (i) by any government or sovereign power (de jure or de facto), or by any authority maintaining or uSing military, naval or air forces; or (ii) by military, naval or air forces; or (iii) by an agent of any such government, power, authority or forces, it being under- stood that any discharge, explosion or use of any weapon of war em- ploying nuclear fission or fusion shall be conclusively presumed to be such a hostile or warlike action by such a government. power. authority or forces; (b) insurrection, rebellion, revolution, Civil war. usurped power. or action taken by governmental authority in hindering, combating or defending against such an occurrence; seizure or destruction under Quarantine or custom's regulations, confiscalion by order of any gov- ernment or public authority, or risk of contraband or illegal trans- portation or trade. 7. Nuclear Clause And Nuclear Exclusion. (a) Nuclear Clause (Not Applicable In New York) The word "fire" in this policy is not intended to and does not embrace nuclear reaction or nuclear radiation or radioactive contamination. all whether controlled or uncontrolled, and loss by nuclear reaction or nuclear radiation or radioactive contamination .is not intended to be and IS not insured against by this policy, whether such loss be direct or indirect, proxi- mate or remote. or be in whole or in part caused by, contributed to, or aggravated by "fire" 'or any other penis insured against by this Form AMP-} (Ed. 4-80) policy. However, subject to the foregoing and all provisions of this policy, direct loss by "fire" resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy. (b) Nuclear Clause (Applicable only in New York): This policy does not cover loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination, all whether directly or indirectly result- ing from an insured peril under this policy. (c) Nuclear Exclusion (Not Applicable in New York): loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, or ;due to any act or condition inci~ent to any of the foregoing is not insured against by this policy, whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by. contributed to, or aggravated by any of the perils in- sured against by this policy; and nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled. is not "explosion" or "smoke". This clause applies to all perils insured against hereunder except the peril of fire, which is otherwise provided for in the nuclear clause above. 8. Other Insurance. (a) II at the time of loss there is other insurance written in the name of the insured upon the same plan, terms, conditions and provisions as contained in this policy, herein referred to as Contributing Insur. ance, the Company shall be liable for no greater proportion of any loss than the limit of liability under this policy bears to the whole amount of insurance covering such loss. (b) If at the time of loss there is other insurance other than that as described in (a) above. the Company shall not be liable for any loss hereunder until: (1) the liability of such other insurance has been exhausted, and (2) then for only such amount as may exceed the amount due from such other insurance, whether collectible or not 9. Duties Of The Named Insured After A Loss. In case of loss the named insured shall: (a) give immediate written notice of such loss to the Company; (b) protect the building and personal property from further damage, make reasonable temporary repairs required to protect the property, and keep an accurate record of repair expenditures; (c) prepare an inventory of damaged personal property showing in de- tail. Quantity, description, actual cash value and amount of loss. Attach to the inventory all bills, receipts and related documents that sub. stantiate the figures in the inventory; (d) exhibit the remains of the damaged property as often as may be reasonably reqUired by the Company and submit to examination un. der oath; (e) submit to the Company wit~in 60 days after requested a signed, sworn statement of loss that sets forth to the best of the named in- sured's knowledge and belief: (l) the time and cause of loss; (2) interest of the insured and all others in the property involved and all encumbrances on the property; (3) other policies of insurance that may cover the loss; (4) changes in title or occupancy of the property during the term of the policy; (5) specifications of any damaged building and detailed estimates for repair of the damage; (6) an inventory of damaged personal property described in (c) above; (I) give notice of such loss to the proper police authority if loss is due to a violation of law. 10. Appraisal. If the named insured and the. Company fail to agree on the amount of the los$, either can demand that the amount of loss be set by appraisal: II either party makes a written demand for appraisal, each shall select a competent independent appraiseL Each shall notify the other of the selected appraiser's identity within twenty (20) days of the receipt of the written demand. Page 2 of 7 rill _ ~ I ~ r I I r ~ ~.lW~;;"'~__~_ ..... _......_~~"....."'~~;,r""'."'" ......,_ ~ I The two appraisers shall select a competent, impartial umpire. If the ap- praisers are unable to agree upon an umpire within fifteen (15) days. the named insured or the Company may petition a judge of a Court of Record in the state where the insured premises is located to select an umpire. The appraisers shall then set the amount of the loss. If the appraisers sub- mit a written report of an agreement to the Company, the amount agreed upon shall be the amount of the loss. If the appraisers fail to agree within a reasonable time, they shall submit their differences to the umpire. Writ- ten agreement signed by any two of these three shall set the amount of loss. Each appraiser shall be paid by the party selecting that appraiser. Other expenses of the appraisal and compensation of the umpire shall be paid equally by the named insured and the Company. 11. Company Options. If the Company gives notice within thirty (30) days after it has received a signed, sworn statement of loss, it shall have the optIOn to take all or any part of the property damaged at an agreed value, or to repair, rebuild or replace it with equivalent property. 12. Abandonment Of Property. The Company need not accept any prop- erty abandoned by an insured. 13. Payment Of loss. The Company will pay all adjusted claims Within thirty (30) days after presentation and acceptance of the proof of loss. 14. Privilege To Adjust With Owner. (a) Except as provided in (b) below, or unless another payee is speci- fically named in the policy. loss, if any, shall be adjusted with and payable to the named insured. (b) In the event claim is made for damage to property of others held by the insured, the right to adjust such loss or damage with the owner or owners of the property is reserved to the Company and the receipt of payment by such owner or owners in satisfaction thereof shall be in full satisfaction of any claim of the insured for which such pay- ment has been made. If legal proceedings be taken to enforce a claim against the insured as respects any such loss or damage, the Company reserves the right at its option without expense to the insured to conduct and control the defense on behalf of and in the name of the insured. No action of the Company in such regard shall increase the liability of the Company under this policy, nor increase the limits of liability specified In the pOlicy. 15.Suil. No suit shall be brought on this policy unless the insured has complied with all the policy provisions and has commenced the suit within one year after the loss occurs. 16. Permits And Use. Except as otherwise provided. permission is granted (a) to make alterations and repairs; (b) in the event of loss hereunder, to make reasonable repairs, tem- porary or permanent, provided such repairs are confined solely to the protection of the property from further damage, and provided further that the insured shall keep an accurate record of such repair ex- penditures. The cost of any such repairs directly attributable to dam- age by any peril insured against shall be included in determining the amount of loss hereunder. Nothing herein contained is intended to modify the policy requirements applicable in case loss occurs, and in particular the requirement that, in case loss occurs. the insured shall protect the property from further damage. 11. Vacancy, Unoccupancy and Increase of Hazard. (a) Permission granted to be vacant without limit of time, except as otherwise provided in any endorsement attached to this policy. (b) Permission is granted for unoccupancy. (c) Unless otherwise provided in writing added hereto this Company shall not be liable for loss occurring while the hazard is increased by any means within the control or knowledge of the insured. Form AMP-l (Ed. 4-80) I .__._-_......".._~ lB. Protective Safeguards. It is a condition of this insurance that the in- sured shall maintain so far as is within his control such protective safe- guards a~ are set forth by endorsement hereto. Failure to maintain such protective safeguards shall suspend this insur- ance only as respects the location or situation affected for the time of such discontinuance. 19. Mortgage Clause - Applicable Only To Buildings. This clause is effec- tive if a mortgagee is named in the Declarations. The word "mortgagee" includes "trustee". loss to buildings shall be payable to the named mort- gagee as interest may appear, under all present or future mortgages on the buildings described in the Declarations in order of precedence of mort- gages on them. As it applies to the interest of any mortgagee designated in the Declarations, this insurance shall not be affected by any of the fOllowing: (a) any act or neglect of the mortgagor or owner of the described buildings; (b) any foreclosure or other proceedings or notice of sale relating to the property: (c) any change in the title or ownership of the property; (d) occupancy of the premises for purposes more hazardous than are permitted by this pOlicy; provided, that in case the mortgagor or owner shall neglect to pay any pre- mium due under this policy, the mortgagee shall, on demand, pay the pre- mium. The mortgagee shall notify the Company of any change of ownership or occupancy or increase of hazard which shall come to the knowledge of the mortgagee. Unless permitted by this policy, such change of ownership or occupancy or increase of hazard shall be noted on the policy and the mortgagee shall on demand pay the premium for the increased hazard for the term it existed under this policy. If such premium is not paid, this policy shall be null and void. The Company reserves the right to cancel this policy at any time as pro- vided by its terms. If so cancelled, this policy shall continue in force for the benefit only of the mortgagee for ten days after notice to the mortgagee of such cancellation and shall then cease. The Company shall have the right to cancel this agreement on ten days notice to the mortgagee. When the Company shall pay the mortgagee any sum for loss under this policy. and shall claim that, as to the mortgagor or owner, no liability therefor existed, the Company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the mortgagee to whom such payment shall have been made, under the mortgage debt. In lieu of taking such subrogation, the Company may, at its option, pay to the mortgagee the whole principal due or to grow due on the mortgage, with interest accrued and shall thereupon receive a full assignment and trans~ fer of the mortgage and of all such other securities. However, no subroga- tion shall impair the right of the mortgagee to recover the full amount of said mortgagee's claim. 20. Recoveries. In the event the Company has made a payment for loss under the policy and a subsequent recovery is made of the lost or dam- aged property, the insured shall be entitled to all recoveries in excess of the amount paid by the Company, less only the actual cost of effecting such recoveries. 21. loss Clause. Any loss hereunder shall not reduce the amount of this insurance. 22. 110 Benefit To Bailee. This insurance shall not inure directly or in- directly to the benefit of any carrier or other bailee. 23. 110 Control. This insurance shall not be prejudiced: (a) by any act or neglect of the owner of any building if the insured is not the owner thereof, or by any act or neglect of any occupant (other than the insured) of any building when such act or neglect of the owner or occupant is not wit~jn the control of the insured, or (b) by failure of the insured to comply with any warranty or condi- tion contained in any endorsement attached to this policy with re- gard to any portion of the premises over which the insured has no control. Page 3 of 7 -....."""""""L~ft;~,...,__,.._____...,,_____......___.,_____.;.........--.......;,...........,~~""'~-",:..............:. ,~",,,",,,,,~,,,,.,,,~,",,,,,,,,,,~,,,,,,,,,,,,,~,',,"',...,,.,,,,;~=~ -, I I CONDITIONS APPLICABLE TO SECTIONS II & IV 1. Supplementary Payments. The Company will pay, in addition to the applicable limit of liability: (a) all expenses incurred by the Company, all costs taxed against the insured in any suit defended by the Company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the Company has paid or tendered or de- posited in court that part of the judgment which does not exceed the limit of the Company's liability thereon; (b) premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, and the cost of bail bonds required of the insured because of accident or traffic law violation arising out of the use of any vehicle to which this policy applies, not to exceed $250 per bail bond, but the Company shall have no obligation to apply for or furnish any such bonds; (c) expenses incurred by the insured for first aid to others at the time of an accident, for bodily injury to which this policy applies; (d) reasonable expenses incurred by the insured at the Company's request in assisting the Company In the investigation or defense of any claim or suit, including actual loss of earnings not to exceed $25 per day. 2. Premium. Premium designated in this policy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the policy period. At the close of each period (or part thereof terminating with the end of the poliCY period) designated in the Declarations as the audit periOd the earned premium shall be computed for such period and, upon notice thereof to the named insured shall become due and payable. If the total earned premium for the policy period is less than the premium previously paid, the Company shall return to the named insured the unearned portion paid by the named insured. The named insured shall maintain records of such information as is neces- sary for premium computation and shall send copies of such records to the Company at the end of the policy period and at such times during the policy period as the Company may direct. 3. Financial Responsibility Laws. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damaee liability shall com- ply with the provisions of such law to the extent of the coverage and limits of liability required by such law. The insured agrees to reimburse the Com- pany for any payment made by the Company which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. 4. Insured's Duties in the Event of Occurrence, Claim or Suit. (a) In the event of an occurrence, written notice containing particulars sufficient to identify the insured and also reasonably obtainable in- formation with respect to the time, place and circumstances thereof and the names and addresses of the injured and of available witnesses shall be given by or for the insured to the Company or any of Its authorized agents as soon as practicable. (b) If claim is made or suit is brought against the insured, the insured shall immediately forward to the Company every demand, notice, summons or other process received by him or his representative. (c) The insured shall cooperate with the Company and, upon the Com- pany's request, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or Indemnity against any person or organization who may be liable to the insured because of injlfry or damage with respect to which insurance is afforded under this policy, and the insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of wit- nesses. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of accident. 5. Medical Reports; Proof and Payment of Claim. As soon as practicable the injured person or someone on his behalf shall give to the Company written proof of claim, under oath if required, and shall, after each re- Quest from the Company, execute authorizallon to enable the Company to obtain medical reports and copies of records. The injured person shall submit to physical examination by physicians selected by the Company Form AMP-! (Ed. 4.80) when and as often as the Company may reasonably reQu'ire. The Company may pay the injured person or any person or organization rendering the services and the payment shall reduce the amount payable hereunder for such injury. Payment hereunder shall not constitute an admission of lia- bility of any person or, except hereunder, of the Company. 6. Action Against Company. No action shall lie against the Company un- less, as a condition precedent thereto, there shall have been full com- pliance with all of the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the Company. Any person or organization or the legal representative thereof who. has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to Join the Company as a party in any action against the insured to determine the insured's liability, nor shall the Company be impleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the Company of any of its obligations hereunder. 7. Other Insurance. The insurance afforded by this policy is primary in- surance, except when stated to apply in excess of or contingent upon the absence of other insurance. When this insurance is primary and the in- sured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the Company's liability under this policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the Company shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below: (a) Contribution by Equal Shares. If all of such other valid and collect- ible insurance provides for contribution by equal shares, the Company shall not be liable for a greater proportion of such loss 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 loss until each such insurer has paid its limit in full or the full amount of the loss is paid. (b) Contribution by Limits. If any of such other insurance does not provide for contribution by equal shares, the Company shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. 8. Annual Aggregate. If this policy is issued for a period in excess of one year, any limit of the Company's liability stated in this policy as "ag- gregate" shall apply separately to each consecutive annual period, 9. Nuclear Exclusion. I. This policy does not apply: (a) Under any liability Coverage. to bodily injury or property damaee (I) with respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termina- tion upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuc,lear material and with respect to which (i) any person or organization IS re- Quired to maintain financial protection pursuant to the AtomiC EnergY' Act of 1954. or any law amendatory thereof, or (ii) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. (b) Under any Medical Payments Coverage, or under any Supplemen- tary Payments provision relating to first aid, to expenses Incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear fa- cility by any person or organization. Page 4 of 7 I (c) Under any liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material. if (1) the nuclear material (i) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (ii) has been dis- charged or dispersed therefrom; (2) the nuclear material is contained in spenl fuel or waste at any time possessed, handled, used, processed,. stored, trans- ported or disposed of by or on behalf of an insured; or (3) the bodily injury or property damage arises out of the furn- ishing by an insured of services, materials, parts or eqUIpment in connection with the planning, construction, maintenance. op- eration or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. II. As used in this exclusion "hazardous properties" include radioactive, toxic or explosive prop- erties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "byprOduct ma- terial" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear , reactor; "waste" means any waste material (1) containing byproduct material I other than the tailings or wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed primarily for its source material content and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facmty" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separat- ing the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricat- ing or alloying of special nuclear material if at any time the total amount of such material in the custody. of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "property damage" includes all forms of radioactive contamination of property DEFINITIONS APPLICABLE TO SECTIONS II & IV When used in the provisions applicable to Section II of this policy (includ- ing endorsements forming a part hereof): "automobile" means a land motor vehicle, trailer or semitrailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment; "bodily injury" means bodily inJUry, sickness or disease sustained by any person which Occurs during the pOlicy period, including death at any time resulting therefrom; "collapse hazard" includes "structural property damage" as defined herein and property damage to any other property at any time resulting therefrom. "Structural property damage" means the collapse of or struc- tural injury to any building or structure due to (I) grading of land. ex- cavating, borrowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work, or (2) moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof. The collapse hazard does not include property damage (1) arising out of operations performed for the named insured by independent contractors. or (2) included within the completed opera- tions hazard or the underground property damage hazard. or (3) for which liability is assumed by the insured under an incidental contract; "completed operations hazard" includes bodily injury and property dam- age arising out of operations or reliance upon a representation or warranty made at any time with respect thereto. but only if the bodily injury or prop- erty damage Occurs after such operations have been completed or aban- doned and OCcurs away from premises owned by or rented to the named insured. "Operations" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the Jollowing times: (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, (2) when all operations to be performed by or on behalf of the named insured at the site of the operations have been completed; or (3) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same proJect. Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. Form AMP-! (Ed. 4-80) The completed operations hazard does not include bodily injury or prop- erty damage arising out of: (a) operations in connection with the transportation of property, un- less the bOdily injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof, (b) the existence of tools, uninstalled equipment or abandoned or unused materials, or (c) operations for which the classification stated in the policy or in the company's manual specifies "including completed operations"; "eleyator" means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof including any car, platform, shaft, hoistway, stairway, runway, power equipment and machinery; but does not include an automobile servicing hoist, or a hoist without a platform outside a building if without mechanical power or if not attached to building walls, or a hod or material hoist used ill altera- tion, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter used exclusively for carrying property and having a compartment height not exceeding four feet; "explosion hazard" includes property damal(e arising out of blasting or explosion. The explosion hazard does not include property damage (lJ aris- ing out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. or (2) arising out of operations performed for the named insured by independent con- tractors, or (3) included within the completed operations hazard or the underground property damage hazard, or (4) for which liability is assumed by the insured under an incidental contract; "illcidental cOtltract" means any written (1) lease of premises, (2) ease- ment agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator mainte- nance agreement; "insured" means any person or organization qualifying as an insured in the "Persons Insured" provision of the applicable insurance coverage. The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability; Page 5 of 7 .. I "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self-propelled, (1) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the named insured, including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained tor the sole purpose of affording mobility to equipment of the tollowing types forming an integral part of or per- manently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix-in-transit type); graders, scrapers, rollers and other road construction or repair equipment alr- compressors, pumps and generators, including spraying, welding and building cleaning equipment; and geophysical exploration and well serviC- ing equipment; "named insured" means the person or organization named in Item 1 ot the declarations of this policy; "named insured's products" means goods or products manutactured. sold, handled or distributed by the named insured or by others trading under his name, including any container thereof (other than a vehicle), but "named insured's products" shall not include a vending machine or any property other than such container, rented to or located for use of others but not sold; "occurrence" means an accident, including continuous or repeated ex- posure to conditions, which results in bodily injury or property damage neither expected nor Intended from the standpoint of the insured; "policy territor( means: (1) the United States ot America, its territories or possessions, or Canada, or (2) international waters or air space, provided the bodily injury or property damage does not occur in the course ot travel or transporta- tion to or trom any other country, state or nation, or ......... ~~ ~. ". .~ &' "~~T."""~___'~. ---- :1 , (3) anywhere in the world with respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consumption within the territory described in paragraph (1) above, provided the original suit for such damages is brought within such territory; "products hazard" includes bodily injury and property damage arising out ot the named insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily in- jury or property damage occurs away from premises owned by or rented to the named insured and atter physical possession of such products has been relinqUished to others; "property damage" means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss ot use thereot at any time resulting therefrom, or (2) loss of use of tangible prop- erty which has not been physically injured or destroyed provided such loss ot use is caused by an occurrence during the policy period; "underground property damage hazard" includes underground property damage as defined herein and property damage to any other property at any time resulting therefrom. "Underground property damage" means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus in connection therewith, beneath the surtace of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, ex- cavating, drilling, borrowing, filling, back-filling or pile driving. The under- ground property damage hazard does not include property damage (1) arising out of operations pertormed for the named insured by independent contractors, or (2) included within the completed operations hazard, or (3) for which liability is assumed by the insured under an incidental con- tract. CONDITIONS APPLICABLE TO SECTION III 1. Insured's Duties When loss Occurs. Except with respect to any Glass Coverage, upon knowledge or discovery ot loss or of an event which may give rise to a claim for loss. the Insured shall (a) give notice thereof as soon as practicable to this Company or any ot its authorized agents and also to the police if the loss is due to a violation of the law; (b) file detailed proof of loss. duly sworn to, With this Company within four months after the discovery of loss. Except with respect to any Glass Coverage, upon this Company's reQuest. (1) the Insured shall furnish a complete inventory of al\ property not stolen or damaged, stating the original cost and actual cash value and quantity thereof, and (2) the Insured and every claimant hereunder shall submit to examination by this Company, subscribe the same. under oath If reqUired, and produce tor this Company's examination all pertinent records. all at such reasonable times and places as this Company shall deSignate, and shall cooperate With this Company in all matters pertaining to loss or claim With respect thereto. Undrr any Glass Coverage, upon knowledge of loss, the Insured shall: tal give notice thereof as soon as practicable to this Company or any of its authorized agents; (bl upon this Company's reQuest, file proof of loss, under oath II required, on forms provided by this Company. t v q It Sl FI 2. Action Against Company. Under Glass Coverage, no action shall lie against this Company unless, as a condition precedent thereto, there shall have been full compliance with all the terms of this policy, nor until ninety days after the reqUired proofs of loss have been filed with this Company. Under Section III, except Glass Coverage, no action shall lie against this Company unless, as a condition precedent thereto, there shall have been full compliance with all the terms of this policy, nor until ninety days after the required proofs of loss have been filed with this Company, nor at all, unless commenced within two years from the date when the Insured discovers the loss. If any limitation of time for notice of loss or any legal proceeding herein contained is shorter than that permitted to be fixed by agreement under any statute controlling the construction of this policy, the shortest permissible statutory limitation of time shall govern and shall supersede the time limitation herein stated. 3. Changes. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this poliCY or estop this Company from asserting any right under the terms of this policy; nor shall the terms of this poliCY be waived or changed, except by endorse- ment issued to form a part of this policy. Page 6 of 7 1 4. Appraisal. If the Insured and this Company fail to agree as to the amount of loss, each shall, on the written demand of either, made within sixty days after receipt of proof of loss by this Company, select a competent and disinterested appraiser, and the appraisal shall be made at a reasonable time and place. The appraisers shall first select a competent and disin- terested umpire, and failing for fifteen days to agree upon such umpire, then on the request of the Insured or this Company, such umpire shall be selected by a judge of a court of record in the county and state in which such appraisal is pending. The appraisers shall then appraise the loss, stating separately the actual cash value at time of loss and the amount of the loss, and failing to agree shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss. The Insured and this Company shall each pay its chosen appraiser and shall bear equally the expenses of the umpire and the other expenses of appraisal. This Company shall not be held to have waived any of its rights by any act relating to appraisal. 5. Other Insurance. This insurance shall not apply to the extent that any valid and collectible insurance, whether on a primary, excess or contingent basis is available to the Insured under any other insurance policy. 6. Declarations. With respect to any Burglary or Robbery coverage. the Insured agrees that if for reasons beyond the Insured's control (a) the Insured I fails to maintain the alarm system stated in the declarations (or by endorse- ment) but, until such alarm system has been fully restored to proper working condition, the Insured provides at least one watchman within the premises at all times when the premises are not open for business and such watchman is in addition to any number of watchinen specified in the declarations (or by endorsement), or (b) the Insured fails to maintain any other service or equipment stated in the declarations (or by endorsement), the insurance under this policy shall apply only in the reduced amount which the premium for this insurance would have purchased, in accordance with the Company's manual as of the commencement of such failure, in the absence of any agreement of the Insured to maintain such service or equipment. 7. Policy Period, Territory. Section III of this policy applies only to loss which occurs during the policy period within any of the States of the United States of America, the District of Columbia, Virgin Islands, Puerto Rico, Canal lone or Canada. 8. The General Conditions found on page I of this form apply to all coverages except those provided by forms MP 04 50, MP 04 51 and MP 04 52. 9. Nuclear Exclusion. This policy does not apply under any coverage, to loss due to nuclear reaction, nuclear radiation or radioactive contamination or to any act or condition incident to any of the foregoing. In Witness Whereof, the company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly authorized representative of the company. L~ ,.6'~ SECRETARY Form AMP.! (Ed. 4-80) ~~~o L PRESIDENT Page 7 of 7 ~ American Jates Insurance Company American Economy Insurance Company INDIANAPOLIS, INDIANA I Form AMP-I00A (Ed. 12-77) AMPAC POLICY SECTION I - GENERAL PERSONAL PROPERTY FORM I. PROPERTY COVERED PERSONAL PROPERTY OF THE INSUREO: Business personal property owned by PERSONAL PROPERTY OF OTHERS: This insurance shall cover for the account the insured and usual to the occupancy of the insured, including the insured's of the owner(s) (other than the named insured) personal property belonging to interest in personal property owned by others to the extent of the value of others in the care, custody or control of the insured, while (1) in or on the labor, materials and charges furnished, performed or incurred by the insured; building(sl. or (2) in the open (including within vehicles) on or within 100 feet all while (1) in or on the building(s) or (2) in the open (including within of the designated premises. vehicles) on or within 100 feet of the designated premises. Loss shall be adjusted with the named insured for the account of the owne~s This coverage shall also include Tenant's Improvements and Betterments, of the property, except that the right to adjust any loss with the owners IS meaning the insured's use interest in fixtures, alterations, installations or reserved to the Company and the receipts of the owners in satisfaction thereof additions comprising a part of the building(s) occupied but not owned by the be in full satisfaction of any claim by the named insured for which payments insured and made or acquired at the expense of the insured exclusive of rent have been made. paid by the insured, but which are not legally subject to removal by the insured. II. PROPERTY NOT COVERED This policy does not cover: A. Animals and pets, aircraft; watercraft, including motors, equipment and accessories (except rowboats and canoes, while out of water and on the designated premises); and automobiles, trailers, semi-trailers or any self- propelled vehicles or machines, except such property not licensed for use on public thoroughfares and operated principally on the premises of the insured. This provision does not apply to the following types of property when held for sale or sold but not delivered: 1. Animals and pets; 2. Motorcycles, motorscooters and snowmobiles; 3. Trailers designed for use with private passenger vehicles for general utility purposes or carrying boats; or 4. Watercraft, including motors, equipment and accessories, while not afloat. This provision does not apply to the following types of property when manufactured, processed or warehoused by the insured; 1. Aircraft; 2. Watercraft, including motors, equipment and accessories, while not afloat; or 3. Automobiles, trailers, semi-trailers or any self-propelled vehicles or machines. B. Personal property while waterborne. C. Outdoor trees, shrubs and plants, except when held for sale or sold but not delivered, or as provided in the Extensions of Coverage. D. Household and personal effects contained in living Quarters occupied by the insured, any officer, director, stockholder or partner of the insured or relatives of any of the foregoing, except as provided in the Extensions of Coverage. E. Accounts, bills, currency, deeds, evidences of debt, money and securities. F. Outdoor signs, unless attached to a building or structure containing insured persona I property. G. Growing crops and lawns. H. Property which is more specifically covered in whole or in part by this or any other contract of insurance, except for the amount of loss which is in excess of the amount due from such more specific insurance. III. EXTENSIONS OF COVERAGE Each of the limits of liability specified for the following Extensions of Coverage applies as an additional amount of insurance. The Coinsurance Clause shall not apply to loss under the Extensions of Coverage. The total amount recoverable under the Extensions of Coverage in this form and Extensions of Coverage in any other form made a part of this policy are not cumulative and shall not exceed the largest amount recoverable under any single form made a part of this policy. When, in accordance with the Other Insurance condition, there is Contributing Insurance, the Company shall not be liable for more than its pro rata share of the limits set forth in the following Extensions of Coverage. A. Property at Newly Acquired locations: The insured may apply up to $10,000 to cover direct loss in anyone occurrence by a peril insured against to such property at any location (except fairs and exhibitions) acquired by the insured for similar occupancies or warehousing purposes, elsewhere than at the designated premises within the territorial limits of this policy. This coverage shall cease 30 days from the date of such acquisition or on the date values at such locations are reported to the Company, or on the expiration date of the policy, whichever occurs first. Additional premium shall be due and payable for values so reported from the date the property is acquired. B. Off-Premises: 1. The insured may apply up to $10,000 In the aggregate at locations not owned, leased, operated or regularly used by the insured. Property in the care, custody or control of salesmen or property covered under item 2. of this extension is not covered. 2. The insured may apply up to $1,000 to property while in transit on any one vehicle, including direct loss or damage caused by collision, upset or the stranding, sinking, burning or derailment of any transporting con- veyance. Property in the care, custody or control of salesmen or property Form AMP-100A (Ed. 12-77) shipped by mail from the time it passes into the custody of the Post Office Department is not covered under this item. C. Personal Effects: The insured may apply up to $1,000 to cover direct loss in anyone occurrence by a peril insured against to personal effects while located on the designated premises, belonging to the insured, officers, partners or employees thereof. This Extension of Coverage does not apply if the loss is covered by any other insurance, whether collectible or not. or which would have been covered by such other insurance in the absence of this policy. AHhe option of the Company, loss under this Extension of Coverage may be adjusted with and payable to the insured. D. Valuable Papers and Records: The insured may apply up to $1,000 to cover direct loss in anyone occurrence by a peril insured against to valuable papers and records consisting of books of account, manuscripts, abstracts, drawings, card index systems, film, tape, disc, drum, cell and other magnetIC recording or storage media for electronic data processing, and other records, all the property of the insured at designated premises. This Extension of Coverage covers only the cost of research and other expense. necessarily incurred by the insured to reproduce, replace or restore such valuable papers Page 1 of 3 .___..~____________.________ _..._,....__..-...:... ~1iI...1O.h,:IUI..D.~....._~--- __ _ 1 and records. The total amount payable in anyone occurrence under this Extension of Coverage shall not exceed the limit specified above, regardless of the number of premises designated in the Declarations. E. Outdoor Trees, Shrubs and Plants: The insured may apply up to $1,000 to cover outdoor trees, shrubs and plants, except when held for sale or sold but not delivered, at the designated premises against direct loss in anyone occurrence by the perils of fire, lightning, explosion, riot, civil commotion or aircraft, but only to the extent such perils are insured against herein. The Company shall not be liable for more than $250 on anyone tree, shrub or plant, including expense incurred for removing debris thereof. F. Extra Expense: The insured may apply up to $1,000 to cover the necessary extra expense incurred by the insured in order to continue as nearly as practicable the normal operations of the insured's business immediately following damage by a peril insured against under this form to the buildings or personal property situated at the designated premises. "Extra expense" means the excess of the total cost incurred during the period of restoration chargeable to the operations of the insured's business over and above the total cost that would normally have been incurred to conduct the business during the same period had no loss occurred. Any salvage value of property obtained for temporary use dUflng the period of restoration, which remains after the resumption of normal operations, shall be taken into consideration in the adjustment of any loss hereunder. "Period of restoration" means that period of time, commencing with the date of damage and not limited by the date of expiration of this poliCY. as would be required with the exercise of due diligence and dispatch to repair. rebuild or replace such part of said buildings or personal property as have been damaged. . " I' , .' .' The Company shall not be liable under this Extension of Coverage for: 1. loss of income; 2. the cost of repairing or replacing any of the described property, or the cost of research or other expense necessary to replace or restore books of account, manuscripts, abstracts, drawings, card index systems, film, tape, disc, drum, cell and other magnetic recording or storage media for electronic data processing, and other records that have been damaged by a peril not otherwise excluded, except cost in excess of the normal cost of such repair, replacement or restoration necessarily incurred for the purpose of reducing the total amount of extra expense. In no event shall such excess exceed the amount by which the total extra expense otherwise payable under this Extension of Coverage is reduced; or 3. any other consequential or remote loss. G. Non-Owned Personal Property: The insured may apply at each location up to 2% of the limit of liability specified for Personal Property of the Insured at such location, but not exceeding $2,000, as an additional amount of insurance, to cover for the account of the owners thereof (other than the named insured) direct loss by a peril insured against to personal property, similar to that covered by this policy, belonging to others while in the care, custody or control of the named insured and all while (1) in or on the building(sl. or (2) in the open (including within vehicles) on or within 100 feet of the designated premises. loss shall be adJusted with the named insured for the account of the owners of the property, except that the right to adjust any loss with the owners is reserved to the Company and the receipts of the owners in satisfaction thereof shall be in full satisfaction of any claim by the named insured for which payments have been made. As respects personal property belonging to others, this provision shall replace any loss payable provision of this policy. IV. PERILS INSURED AGAINST This policy insures against all direct loss to the property covered under 2. The following are not expl1osions within the intent or meaning of these this form caused by: proviSIOns: ' A. FIRE. (a) Shock waves caused by aircraft, generally known as "sonic 8. LIGHTNING. boom", C. WINDSTORM OR HAil, excluding loss caused directly or indirectly by frost (b) Electric arcing. or cold weather, or ice (other than hail), snow or sleet. whether driven by wllld (c) Rupture or bursting of rotating or moving parts of machinery or not. caused by centrifugal force or mechanical breakdown, \. This Company shall not be liable for loss to the inteflor of the (d) Water hammer, building(s) or the property covered therein caused: (e) Rupture or bursting of water pipes, (a) by rain, snow, sand or dust, whether driven by wind or not, unless (I) Rupture or bursting due to expansion or swelling of the contents of the building(s) covered or containing the property covered shall first any building or structure, caused by or resulting from water, sustain an actual damage to roof or walls by the direct action of wind or hail and then shall be liable for loss to the interior of the building(s) (g) Rupture, bursting or operation of pressure relief devices. or the property covered therein as may be caused by rain, snow, sand SMOKE f or dust entering the building(s) through openlllgs in the roof or walls E. , meaning sudden and accidental damage rom smoke, other than made by direct action of wind or hail; or (b) by water from sprinkler smoke from agricultural smudging or industrial operations. equipment or from other piping, unless such equipment or piping be F. AIRCRAR OR VEHICLES, m~aning only direct loss resulting from actual damaged as a direct result of wind or hail. physical contact of an aircraft or a vehicle with the property covered or with 2. The Company shall not be liable for Windstorm or Hail damage to the the building(s) containing the property covered, except that loss by aircraft following property: includes direct loss by objects falling therefrom. (a) Windmills, wind pumps or their towers; This Company shall not be liable for loss: (b) Crop silos or their contents; 1. by any vehicle owned or operated by an insured or by any tenant of the (c) Metal smokestacks; or designated premises; (d) When outside of buildings, 2. by any vehicle to fences, driveways, walks, or when outside of build- ings, to trees, shrubs or plants; (1) Grain, hay, straw or other crops; 3. to any aircraft or vehicle including its contents, other than stocks of (2) Trees, shrubs or plants; aircraft or vehicles in process of manufacture or for sale. (3) Awnings of fabric or slat construction, canopies of fabric or The word "vehicles" means vehicles running on land or tracks but not slat construction, including their supports; aircraft. fhe word "aircraft" shall include self-propelled missiles and (4) Radio or television antennas, IIlcluding their lead-in wiring, spacecraft. masts or towers. D. EXPLOSION, including direct loss resulting from the explosion of accumu- lated gases or unconsumed fuel within the firebox (or combustion chamber) of any fired vessel or within the flues or passages which conduct the gases of combustion therefrom. \. This Company shall not be liable for loss by explosion of steam boilers, steam pipes, steam turbines or steam engines, if owned by, leased by or operated under the control of the insured. Form AMP-IOOA (Ed. 12-77) G. RIOT, RIOT ATTENDING A STRIKE OR CIVIL COMMOTION, including direct loss by acts of striking employees of the owner or tenant(s) of the building(s) while occupied by said striking employees and shall also include direct loss from pillage and looting occurring during and at the immediate place of a riot. riot attending a strike or civil commotion. The Company shall not be liable for loss resulting from damage to or destruction of the property due to change in temperature or humidity or interruption of operations whether or not such loss is covered by this policy as to other perils. Page 2 of 3 H. ~ANDAlISM OR MALICIOUS' "MISCHIEF, mJning only the willful and malicious damage to or destruction of the property covered. This Company shall not be liable for loss: 1. to glass (other than glass building blocks) constituting part of a building, structure or an outside sign: 2. by pilferage, theft, burglary or larceny, except that this Company shall be liable for willful damage to the building(s) covered caused by burglars in gaining entrance to or exit from such building(s) or any part of the building(s). ~. by explosion of steal boilels. steam pipes, steam turbines or steam engines, if owned by, leased by, or operated under the control of the named insured; or by rupture or bursting of rotating or moving parts of machinery caused by centrifugal force or mechanical breakdown; 4. from depreciation or deterioration; nor, unless specifically endorsed, for any loss resulting from change in temperature or humidity; 5. if the building(s) had been vacant or unoccupied beyond a period of 30 consecutive days immediately preceding the loss, whether or not such period commenced prior to the inception date of this policy. V. EXCLUSIONS This policy does not insure under this form against: A. Loss occasioned directly or indirectly by enforcement of any ordinance or law regulating the use, construction, repair, or demolition of property includ- ing debris removal expense. B. Loss occasioned directly or indirectly by any electrical injury or disturbance to electrical appliances, devices, fixtures or wiring caused by electrical currents artificially generated unless fire as insured against ensues, and then this Company shall be liable only for loss caused by the ensuing fire. C. Loss caused directly or indirectly by the interruption of power or other utility service furnished to the designated premises if the interruption takes place away from tile designated premises. If a peril insured against ensues on the designated premises, this Company will pay only for loss caused by the ensuing peril. D. Loss caused by, resulting from, contributed to or aggravated by any of the following: 1. earth movement, including but not limited to earthquake, landslide, mudflow, earth sinking, earth rising or shifting; 2. flood, surface water, waves, tidal water or tidal wave, overflow of streams or other bodies of water, or spray from any of the foregoing, all whether driven by wind or not; 3. water which backs up thrbugh sewers or drains; or 4. water below the surface of the ground including that which exerts pressure on or flows, seeps or leaks through sidewalks, driveways, foundations, walls, basement or other floors, or through doors, windows or any other openings in such sidewalks, driveways, foundations, walls or floors; unless fire or explosion as insured against ensues, and then this Company shall be liable only for loss caused by the ensuing fire or explosion. VI. VALUATION The following bases are established for valuation of property: A. The value of all stock actually sold but not delivered shall be the price at which it was sold, less all discounts and unincurred expenses. B. Tenant's Improvements and Betterments; 1. If repaired or replaced at the expense of the named insured within a reasonable time after loss, the actual cash value of the damaged or destroyed improvements and betterments. 2. If not repaired or replaced within a reasonable time after loss, that proportion of the original cost at time of installation of the damaged or destroyed property which the unexpired term of the lease or rental agreement, whether written or oral, in effect at the time of loss bears to the periods from the dates such improvements or betterments were made to the expiration date of the lease. 3. If repaired or replaced at the expense of others for the use of the named insured, there shall be no liability hereunder. Form AMP-100A (Ed. 12-77) C. Valuable Papers and Records: 1. Books of account. manuscripts, abstracts, drawings, card index sys- tems and other records (except film, tape, disc, drum, cell and other magnetic recording or storage media for electronic data processing) for not exceeding the cost of blank books, cards or other blank material plus the cost of labor incurred by the named insured for transcribing or copying such records. 2. Film, tape, disc, drum, cell and other magnetic recording or storage media for electronic data processing for not exceeding the cost of such media in unexposed or blank form. D. All other property at actual cash value at the time of loss, but no! exceeding the amount which it would cost to repair or replace the property with material of like kind and Quality within a reasonable time after such loss, nor in any event for more than the interest of the named insured. Page 3 of 3 ~ - __.._.. iiIIt .1.-__ ;0.. '. ~ I American States Insurance Company American Economy Insurance Company INDIANAPO\.lS, INDIANA I Form AMP-I02 (Ed. 2-80) ADDITIONAL PERILS ENDORSEMENT PROPERTY COVERED o Building(s) [] Personal Property Subject to all the provisions applicable to Section I of this policy of which this endorsement is made a part, except as otherwise provided f~r her~in, the following perils are added to and made part of the "Perils Insured Against" section of Forms AMP-100: AMP-100A; AMP-24: AMP-27 and AMP-29 of which thiS endorsement is made a part with respect to the coverage specified by an "X" in the appropriate box above. PERILS INSURED AGAINST BROAD VEHICLE DAMAGE, meaning only loss by any vehicle owned by an insured or by any tenant of the designated premises. BREAKAGE OF GLASS, meaning only the breakage of glass constituting a part of the building(s) covered hereunder, but .excluding neon tu.bing att~ched t.o the building(s). The Company shall not be liable for: (a) any glass breakage if the building(s) have been vacant beyond a period of 30 consecutive days Immed.lately preceding the loss: (b) more than $50 per plate, pane, multiple plate insulating unit, radiant heating panel, jalousie, louver or shutter; or (c) more than $250 In any one occurrence. ! BURGLARS: Loss by burglars shall not include: (a) property taken by burglars; (b) loss if the described building(s) had been vacant or unoccupied beyond a period of thirty (30) consecutive days immediately preceding the loss, whether or not such period commenced prior to the inception date of this endorsement: (c) loss to glass (other than glass building blocks) constituting a part of the building(s) or to any lettering or ornamentation thereon. COLLAPSE OF BUILDINGS OR ANY PART THEREOF, but excluding loss: (a) to outdoor radio or television antennas, including their lead-in wiring, masts or towers; awnings; gutters and downspouts: yard fixtures; outdoor swimming pools: fences; piers, wharves and docks; beach or diving platforms, or appurtenances; retaining walls; walks, roadways and other paved surfaces; or (b) by settling, cracking, shrinkage, bulging or expansion of pavements, patios, foundations, walls, floors, roofs or ceilings: all except as a direct result of the collapse of a building. FALLING OBJECTS, but excluding loss: (a) to the interior of the building(s) or the property covered therein unless the building(s) covered or containing the property covered shall first sustain an actual damage to the exterior of the roof or walls by the falling object; or (b) to personal property in the open. FREEZING OF PLUMBING, HEAmlG AND AIR COIIOInONIIIG SYSTEMS AIIO DOMESTIC APPLIANCES: Loss shall not include loss caused byor resulting from freezing while the building(s) is vacant or unoccupied unless the insured shall have exercised due diligence with respect to maintaining heat in the buliding(s) or unless the plumbing, heating and storage systems had been drained and the water supply shut off during such vacancy or unoccupancy. LIMITED BOILER EXPLOSIOII, meaning damage resulting from the sudden and accidental tearing asunder of a low pressure steam or hot water heating system or of appliances for heating water, caused by pressure of water or steam therein, but excluding: (a) the cost of repairing or replacing the heating or storage system, and, in the event Business Income, Business Interruption, Earnings, Extra Expense, Leasehold Interest, Rents or Rental Value or Tuition Fees coverage is afforded,loss under such coverages resulting from the impairment of such heating or storage system; (b) loss caused byor resulting from freezing while the described building is vacant or unoccupied unless the Insured shall have exercised due diligence with respect to maintaining heat in the building, or unless the heating or storage system had been drained and the water supply shut off during such vacancy or unoccupancy; or (c) loss caused directly or indirectly by earthquake, landslide or other earth movement. LIMITED MACHIIIERY BREAKAGE, meaning damage resulting from the sudden and accidental breaking of an electrical or non-electrical machine into two or more separate parts, but excluding: (a) the cost of repairing or replacing the electrical or non-electrical machine, and, in the event Business Income,Business Interruption, Earnings, Extra Expense, Leasehold Interest, Rents or Rental Value or Tuition Fees coverage is afforded, loss under such coverages resulting from the impairment of such electrical or non-electrical machine: or (b) loss caused directly or indirectly by earthquake, landslide or other earth movement. lIMI~~O ~ATER DAMAGE, meaning damage caused by the accidental discharge or leakage of water or steam from within a plumbing, sprinkler, heating or air conditiOning .system or domestic appliance only when such discharge or leakage is the direct result of the breaking or cracking of any pipes, fittings, parts, or fixtures forming a part of such system or appliance, including the cost of tearing out and replacing any part of the building(s) covered required to effect repairs to the system or appliance from which the water or steam esca pes, but excluding: (a) the cost of repairing or replacing the system or appliance from which the water or steam escapes: (b) loss resulting from freezing while the described building(s) is vacant or unoccupied, unless the Insured shall have exercised due diligence with respec! to maintaining heat in the building(s), or unless the plumbing and heating systems and domestic appliances had been drained and the water supply shut off during such vacancy or unoccupancy; or (c) loss if the damaged building(s) or building(s) containing the damaged property had been vacant beyond a period of 30 c~nsecutive days immediately preceding the loss: (d) loss caused by continuous or repeated seepage or leakage of water or steam from within a plumbing, heating or air conditioning system or from within an appliance which occurs over a period of weeks, months or years. SOIlIC SHOCK WAVE: Loss by sonic shock wave shall mean direct loss caused by sonic shock waves generated by aircraft, generally known as sonic boom. SUO DEli AND ACCIDENTAL INJURY FROM ARTIFICIAllY GEIIERATED ELECTRICAL CURRENTS to electrical appliances, devices, fixtures and wiring, except tubes transistors and similar electronic components. ' WEIG~T ~F ICE, SNOW OR SLE.~, meaning only direct loss to the property covered when caused by weight of snow, ice or sleet which results in physical damage to th,e. bUildings covered or containing the property covered, but excluding loss to: (a) metal smokestacks, outdoor radio or television antennas including their lead-in WIring, masts or towers: gutters and downspouts; yard fixtures: and, when outside of buildings, awnings and personal property; or (b) fences: outdoor swimming pools: piers, wharves and docks; bea.ch or diving platforms, or appurtenances; retaining walls not constituting part of the building; walks, roadways and other paved surfaces; all when such loss is caused by freezing, thawing, or by the pressure or weight of ice or water whether driven by wind or not. This Endorsement must be attacbed to Challie Endorsem811t AMP-l 01 wilen Issued after the poUey Is written. Form AMP-I02 (Ed. 2-80) ""'~~~ 1.1l '.jjj n - ." .~. MlseELLANEOUS ARTICLES FLQATER I (All Risk) I F-38 (6-80) Attached to and forming Issued To: part of Policy No. (absence of entry means same as policy) PROPERTY COVERED This policy covers schedule property described below induding accessory equipment and spare parts designed for use with the property, owned or used by the Insured while it is within the limits of the Continental United States or Canada. I PROPERTY INSURED Item No. Description of Equipment and Accessories Amount of Insurance SEE SCHEDULE LIMIT OF LIABILITY The Company shall not be liable for more than the amount of insurance indicated for each scheduled item. I n no event, however, shall this Company be liable for a greater proportion of any loss than the amount insured bears to the total value of all property insured at time of loss. DEDUCTIBLE Each claim for loss ?O~amage, separately occurring, shall be adjusted separately and from the amount of each adjusted claim, the sum of $ shall be deducted. In no event shall the deductible be less than $100. PERILS INSURED AGAINST This policy insures against all risks of direct physical loss or damage from any external cause, except as hereinafter provided. PERILS NOT INSURED This policy does not insure 1055, damage or expense caused by or resulting from: a. insect, vermin, inherent vice, denting, marring, scratching, becoming discolored or moulded, leakage or breakage, wear and tear, gradual deterioration, corrosion, rust, dampness of atmosphere, freezing or extremes of temperature, mechanical or electrical breakdown or failure, unless such damage is a result of other loss covered by this policy; b. any cleaning, repairing, restoration or retouching process; c. misappropriation, secretion, conversion, infidelity or any dishonest act on the part of the Insured or other party of interest, his or their employees or agents or others to whom the property may be delivered or entrusted (carriers for hire excepted); nor against mysterious disappearance or shortage disclosed upon taking inventory; d. delay, loss of market, interrruption of business or other consequential loss extending beyond the direct physical loss of or damage to the insured property; e. neglect of the Insured to use all reasonable means to save and preserve the property at and after any disaster insured against or when the property is so endangered; f. theft from an unattended vehicle, unless: 1 . the vehicle is equipped with a fully enclosed body or compartment; and 2. the 1055 is a direct result of forcible entry (of which there is visible evidence) into a fully enclosed body, the doors and windows of which shall have been securely locked or from a compartment which shall have been locked. (Over) ., I j SPECIAL CONDITIONS I Automatic Acquisition. This policy is extended to cover items of a nature similar to those scheduled hereunder, the property of the Insured, which items the Insured has acquired ownership thereof subsequent to the attachment of this insurance. In consideration of this extension the Insured agrees to report such additional property within thirty (30) days from the date acquired and to pay premium thereon from the date acquired at pro-rata of the policy rate. It is specifically agreed and understood, however, that this policy shall cease to cover such additional items if they are not reported to the Company within . the said thirty (30) day period. This extension covers such additional equipment for an amount not to exceed $10,000 or 25% of the total amount ot insurance ot this policy, whichever is the lesser. Notice to Police. The Insured agrees that all thefts or acts of vandals for which claims are made under this policy will be reported promptly to the Police Department. . This endorsement is subject to the conditions of the policy to which this is attached, except that any clauses and conditions in the printed portions of the policy in conflict with the terms of this special attachment are null and void. , '~ .. American Statellnsurance Company American Econom'lnsurance Company INDIANAPOLIS. INDIANA I 9-CIM (1-81 ) COMMERCIAL INLAND MARINE POLICY PROVISIONS INSURANCE ATTACHMENT CLAUSE IN CONSIDERATION OF THE STIPULATIONS HEREIN NAMED and of the premium specified the Company does insure tbe Named Insured, hereinater called the Insured, for the policy period shown to an amount not exceeding the amount(s) specified, as per form(s) attached and described in the Declarations as Commercial Inland Marine. This policy is made and accepted subject to the foregoing provisions and stipulations, the General Conditions and such other provisions, stipulations and agreements as may be added hereto, as provided in this policy. When this policy is issued as a supplement, if any of the property covered by this policy is also covered under any other provision of the policy to which this policy is made a part, those provisions are hereby amended to exclude such property, the intent being that the coverage under this supplemental policy is the sole coverage on such property. Policy Term. The policy term shall be as shown in the Declarations under "Policy Term" and, subject to the consent of the Company and subject to the premium, rules and forms then in effect, for such succeeding terms as permitted by law as the policy is extended by certificate. Notice of Loss. The Insured shall as soon as practicable report in writing to the Company or its agent every loss, damage or occurrence which may give rise to a claim under this policy and shall also file with the Company or its agent within ninety (90) days from date of discovery of such loss, damage or occurrence, a detailed sworn proof of loss. Examination Under Oath. The Insured, as often as may be reasonably required, shall exhibit to any person designated by the Company all that remains of any property herein described, and shall submit, and in so far as is within his or their power cause his or their employees, members of the household and others to submit to examinations under oath by any person named by the Company and subscribe the same, and, as often as may be reasonably required, shall produce for examination all writings, books of account, bills, invoices and other vouchers, or certified copies thereof if originals be lost, at such reasonable time and place as may be designated by the Company or its representative, and shall permit extracts and copies thereof to be made. No such examination under oath or examination of books or documents, nor any other act of the Company or any of its employees or representatives in connection with the investigation of any loss or claim hereunder, shall be deemed a waiver of any defense which the Company might otherwise have with respect to any loss or claim, but all such examinations and acts shall be deemed to have been made or done without prejudice to the Company's liability. Valuation. The Company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs and the loss or damage shall be ascertained or estimated according to such actual cash value with proper deduction for depreciation, however caused, and shall in no event exceed what it would then cost to repair or replace the same with material of like kind and quality. Settlement of Loss. All adjusted claims shall be paid or made good to the Insured within sixty (60) days after presentation and acceptance of satisfactory proof of interest and 1055 at the office of the Company. No loss shall be paid or made good if the Insured has collected the same from others. No Benefit to Bailee. This insurance shall in no wise inure directly or indirectly to the benefit of any carrier or other bailee. Loss Clause. Any 1055 hereunder shall not reduce the amount of this policy except in the event of payment of claim for total 1055 of an item specifically scheduled hereon. If claim is paid for total loss of one or more scheduled items, the unearned premium applicable to such items will be refunded to the Insured or applied to the premium due on item(s) replacing those on which the claim was paid. Pair, Set or Parts. In the event of loss of or damage to: 1. any article or articles which are a part of a pair or set, the measure of loss of or damage to such article or articles shall be a reasonable and fair proportion of the total value of the pair or set, giving consideration to the importance of said articl~ or articles, but in no event shall such loss or damage be construed to.mean total loss of the pair or set; or 2. any part of property covered consisting, when complete for use, of several parts, the Company shall only be liable for the value of the part lost or damaged. Protection of Property. In case of loss, it shall be lawful and necessary for the Insured, his or their factors, servants and assigns, to sue, labor, and travel for, in and about the defense, safeguard and recovery of the property Insured hereunder, or any part thereof, without prejudice to this insurance, nor shall the acts of the Insured or the Company, in recovering, saving and preserving the property insured in case of loss be considered a waiver or an acceptance of abandonment. The expenses so incurred shall be borne by the Insured and the Company proportionately to the extent of their respective interests. (Over) ) . .. .., , Suit. No suit, action or proceeding fl the recovery of any claim under this policy Ihall be sustainable in any court of law or equity unless the same be commenced within twelve (12) months next after discovery by the Insured of the occurrence which gives rise to the claim, provided however, that if by the law of the State within which this policy is issued such limitation is invalid, then any such claims shall be void unless such action, suit or proceeding be commenced within the shortest limit of time permitted by the laws of such State. Appraisal. If the Insured and the Company fail to agree as to the amount of loss, each shall, on the written demand of either, made within sixty days after receipt of proof of loss by the Company, select a competent and disinterested appraiser, and the appraisal shall be made at a reasonable time and place. The appraisers shall first s'elect a competent and disinterested umpire, and failing for fifteen days to agree upon such umpire, then, on the request of the Insured or the Company, such umpire shall be selected by a judge of a court of record in the State in which such appraisal is pending. The appraisers shall . then appraise the loss, stating separately the actual cash value at the time of loss and the amount of loss, and failing to agree shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss. The Insured and the Company shall each pay his or its chosen appraiser and shall bear equally the other expenses of the appraisal and umpire. The Company shall not be held to have waived any of its rights by any act relating to appraisal. Civil Authority. Property covered under this policy against the peril of fire is also covered against the risk of damage or destruction by civil authority during a conflagration and for the purpose of retarding the same; provided that neither such conflagration nor such damage or destruction is caused or contributed to by a peril otherwise excluded herein. Conformity to Statute. Terms of this policy which are in conflict with the statutes of the State wherein this policy is issued are hereby amended to conform to such statutes. Nuclear Exclusion Clause. This Company shall not be liable for loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the peril(s) insured against in this policy; however, subject to the foregoing and all provisions of this policy. If this policy includes coverage against the perils of fire it is agreed that direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy. War Risk Exclusion Clause. This Company shall not be liable for loss by: 1. Hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack. (a) by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; or (b) by ;nilitary, naval or air forces; or (c) by an agent of any such government, power, authority or forces; 2. Any weapon of war employing atomic fission or radioactive force whether in time of peace or war; 3. Insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental, authority in hindering, combating or defending against such an occurrence, seizure or, destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade. Other Insurance. Insurance under this policy shall apply as excess insurance of any other valid and collectible insurance which would apply in the absence of this policy and in no event as contributing insurance and then only after all such other insurance has been exhausted. KANSAS EXCEPTION. When this policy is used in the state of Kansas, the Suit Clause is hereby amended to read "sixty (60) months" instead of "twelve (12) months". It is further understood and agreed wherever the word "warrant" or any derivative thereof appears in this policy the word "agree" or a derivative thereof is substituted therefor. MICHIGAN EXCEPTION. When this policy is used in the state of Michigan, the Other Insurance Clause is amended to read: If a loss covered by this policy is also covered by other insurance the company will pay only the proportion of the loss that the limit of liability that applies under this policy bears to the total amount of insurance covering the loss. WYOMING EXCEPTION. When this policy is used in the state of Wyoming. the Suit Clause is hereby amended to read "four years" instead of "twelve (12) months". The time for the settlement or payment of loss as set forth in the Settlement of Loss Clause is amended to substitute "45 days" for the period therein stated. FLORIDA EXCEPTION. The words "warrants," "warranties," "warranted," "warrantee" in the Application, Proposal or provision(s) of this policy are deemed to be representations. -- J~' ~'OMPREIENSIVE GENERAL LIABILITY INSURANlE COVERAGE I PART I TWO I. The company will pay on behalf of the Insured all sums which the hi_I" shall become legally obligated to pay as ~ama.ea because of Coverage A. bodily Injury or Coverage B. property dama.e to which this insurance applies, caused by an occurrence, and the company shall have the right and duty to defend any suit against the Insured seeking damages on account of such bodily Injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. Exclusions - This insurance does not apply: (a) to liability assumed by the Insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty of fitness or quality of the named insured's products or a warranty that work performed by or on behalf of the named Insured will be done in a workmanlike manner; (b) to bodily Injury or property damage arising out of the ownership. maintenance, operation, use. loading or unloading of (1) any automobile or aircraft owned or operated by or rented or loaned to any insured, or (2) any other automobile or aircraft operated by any person in the course of his employment by any Insured; but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the named insured or the ways im- mediately adJolmng, If such automobile is not owned by or rented or loaned to any insured; (C) to bodily Injury or property damage arising out of (1) the ownership maintenance, operation, use, loading or unloading of any mobile equipment while being used In any prearranged or organized racing. speed or demoUion contest or in any stunting activity or in practice or preparation for any such contest or activity or (2) the operatIOn or use of any snowmobile or trailer designed for use therewith; (d) to bodily Injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to any insured; (e). to bodily Injury. or property damage arising out of, the ownership, maintenance, operation, use, loading or unloading of (1) any watercraft owned or operated by or rented or loaned to any Insured, or (2) any other watercraft operated by any person in the course of his employ- ment by any insured; but this exclusion does not apply to watercraft while ashore on premises owned by, rented to or controlled by the named Insured; (f) to bodily Injury or property damage arising out of the discharge, disper- sal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants .into or u~on land, the atmosphere or any water course or body of water: but this exclUSion does not apply if such discharge. dispersal, release or escape IS sudden and accider.tal; (Q). to bodily Injuryor property damage due to war, whether or not declared, CIVil war, Insurreclion, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to (1) liability assumed by the Insured under an incidental contract, or (2) expen~es fo.r first aid under the Supplementary PaYf!1ents provision; (h) to bodily InjUry or property damage for which the Insured or his in- demnitee .may be held liable (1) as a person or organization engaged in the business of manufacturing. distributing, selling or serving alcoholic beverages, or (2) If not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed (i) by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift. distribution or use of any alcohoHc beverage, or (ii) by reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person; but part (ii) of this exclusion does not apply with respect to liability of the I~sured or hiS mdemmtee as an owner or lessor described in (2) above; (I) to any obligallon for which the Insured or any carrier as his insurer may be held liable u~der any workmen's compensation, unemployment compensa- tion or disability benefits law, or under any similar law; (j) to bodily Injury to any employee of the Insured arising out of and in the course of his employment by the Insured or to any obligation of the Ins.I" to indemnify another because of damages arising out of such injury; but this exclusion does not apply to ~ability assumed by the Insured under an IlIclden- tal contract; l k) to property damage to 1) property owned or occupied by or rented to the Insured, (21 property used by the Insured, or (3 property in the care, custody or control of the Insured or as to which the insured is for any purpose exercising physical control; but parts (2) and (3) of this exclusion do not apply with respect to ~ability under a written sidetrack agreement and part (3) of this exclusion does not apply with respect to property damage (other than to elevators) arising out of the use of an elevator at premises owned by, rented to or controlled by the IlImed Insured; (I) to property damage to premises alienated by the named Insured ariSing out of such premises or any part thereof; (m) to loss of use of tangible property which has not been physically injured or destroyed resulting from (1) a delay in or lack of performance by or on behalf of the named Insured of any contract or agreement, or (2) the failure of the named Insured's products or work performed by or on behalf of the named Insured to meet the level of performance, quality, fitness or durability warranted or represented by the named Insured; but thiS exclUSion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the named Insured's products or work performed by or on behalf of the named Insured after such products or work have been put to use by any person or organization other than an Insured; (n) to property damage to the named Insured's products arising out of such products or any part of such products; (0) to property damage to work performed by or on behalf of the named Insured anslng out of the work or any portion thereof, or out of materials, parts or eqUipment furnished In connection therewith' (p) to damages claimed for the withdrawal, inspection', repair, replacement, or loss of use of the named Insured's products or work completed by or for the named Insured or of any property of which such products or work form a part, if such products. work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein- (q) to property damage included within: ' (11 the explosion hazard as defined in Coverage Part One, (2 the collapse hazard as defined in Coverage Part One, (3) the underground property damage hazard as defined in Coverage Part One; (r) to bodily injury or property damage due to the rendering of or failure to render (1) (a) (i) medical, surgical, dental, X-ray or nursing service or treatment, or the furnishing of f~od or beverages in connection therewith, (iil any service or treatment condUCive to health or of a profeSSIOnal nature, or (Iii any cosmetic or tonsorial service or treatment, (b) the furnishing or dispens- Ing of drugs or medical, dental, or surgical supplies or appliances, or (c) the handting of or performing of autop~ies on dead ~odies; (2) any cosmetiC, ear pierCing, tonSOrial, massage, phYSiotherapy, chiropody, hearing aid, optical or optometrical services or treatment; (3) any professional service; provided, however, that only such part of this exclusion as indicated in manuals in use by the company shall apply to the Insured's operations, and then only to the extent indicated by such manual. II. PERSONS INSURED. Each of the following is an Insured under this insurance to the extent set forth below: (a) if the named Insured is designated in the declarations as an individual the person so designated but only with respect to the conduct of a business of which he is the sole proprietor, and the spouse of the named Insured with respect to the conduct of such a business; (b) if the named Insured is designated in the declarations as a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such' (c) if the named Insured is designated in the declarations as' other than an individual. partnership or joint venture, the organization so designated and any executive officer, director or stockholder thereof while acting within the scope of his duties as such; (d) any person (other than an employee of the named "insured) or organiza- tion while acting as real estate manager for the named Insured' and (e) with respect to the operation, for the purpose of locomotion upon a public highway, of mobile equipment registered under any motor vehicle registra- tion law, (i) an employee of the named Insured while operating any such equipment in the course 'of his employment, and (ii) any other person while operating with the permission of the named insured any such equipment registered in the name of the IlImed Insured and any person or. organization legally responsible for such operation, but only If there IS no other valid and collectible insurance available, either on a primary or excess basis, to such person or organiza- tion; provided that no person or organization shall be an Insured under this paragraph (e) with respect to: (1) bodily Injury to any fellow employee of such person injured in the course of his employment, or (2) propeEty damage to property owned by, rented to, in charge of or occupied by the named Insured or the employer of any person described in subparagraph (ii). This insurance does not apply to 1I01llly Injury or property damage arising out of the conduct of any partnership or joint venture of which the Insured is a Cartner or member and which is not designated in this poticy as a IlImed llsured. III. LIMITS OF LIABILITY. Regardless of the number of (1) Insureds under this poJicy, (2) persons or organizations who sustain bodily Injury or property damage, or (3) claims made or suits brought on account bodily Injury or property damage. the company's "ability is limited as follows: Coverage A - The total liability of the company for all damages, including damages for care and loss of services, because of bodily Injury sustained by one or more persons as the result of anyone occurrence shall not exceed the ~ .. " limit of bodily Injury liability stated in the decij-ations as applicable to "each occurrence" . Subject to the above provision respecting "each occurrence", the total liability of the company for all damages because of (1) all bodily Injury included within the completed operations hazard and (2) all bodily Injury included within the products hazard shall not exceed the limit of bodily Injury liability stated in the declarations as "aggregate". Coverage B - The total liability of the company for all damages because 01 all property damage sustained by one or more persons or organizations as the result of anyone occurrence shall not exceed the limit of property damage liability stated in the declarations as applicable to "each occurrence". Subject to the above provision respecting "each occurrence", the total liability of the company for all damages because of all property damage to which this coverage applies and described in any of the numbered subpara- graphs below shall not exceed the limit of property damage liability stated in the declarations as "aggregate"; (1) all property damage arising out of premises or operations rated on a remuneration basis or contractor's equipment rated on a receipts basis. including property damage for which liability is assumed under any incidental contract relating to such premises or operations. but exclud- ing property damage included in subparagraph (2) below; (2) all property damage arising out of and occurring in the course of 9-CCGL (1-80) -, operations performl forthe named Insured by independent contractors and general supervlon thereof by the named Insured, including any such property damage for which liability is assumed under any Inclden. tal contract relating to such operations, but this subparagraph (2) does not include property damage arising out of maintenance or repairs at premises owned by or rented to the named Insured or structural altera- tions at such premises which do not involve changing the size of or moving buildings or other structures; (3) all property damage included within the products hazard and all property damage included with the completed operations hazard. Such aggregate limit shall apply separately to the property damage de. scrrbed In subparagraphs (1). (2) and (3) above, and under SUbparagraphs (1) and (2), separately with respect to each project away from premises owned by or rented to the named Insured. Coverages A and B - For the purpose of determining the limit of the company's liability. all bodily Injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV. POLICY TERRITORY. This insurance applies only to bodily Injury or property damage which occurs within the polley territory. ~ Pol. No.1 Insured: Eff.: LIMITS tF LIABILITY AMENDATORY ~ORSEMENT (C(!otBINED SINGLE LIMIT) Complete only when this endorsement is t prepered with the policy or when the effective dete differ . rom the policy. This endorsemeDt modifies such lmurance as is afforded by the provisions of the policy relating to the followin~' COMPREHENSIVE GENERAL LIABIUTY INSURANCE CONTRACTUAL LIABnlTY INSURANCE MANUFACTURERS' AND CONTRACTORS' UABILITY INStJRANCE OWNERS', LANDLORDS' AND TENANTS' LIABnlTY INSURANCE STOREKEEPERS' LIABILITY INSURANCE ULTRA COMPREHENSIVE LIABILITY ENDORSEMENT Such insurance a. is afforded by the policy applies subject to the following provisiom: 1. The limit of the canpany'. liability for DAMAGES under all BOOn. Y INJURY liability and PROPERTY DAMAGE liability coverages, shan be a siDgle limit of liability as stated herein: $ each OCCURRENCE 5<0 ~~, r:> ~ '" 2. All ~bi= m ili~~ :i&.tli~Qb~::g "fe"D~ W the _p~' UnWll~ ~ .=- of BOOll.Y INJURY liability or PROPERTY DAMAGE liability are deleted. 3. The following provision is added to the policy: LIMITS OF LIABILITY Regardless of the munber of (1) INSUREDS under thiJ: policy, (2) persons or organizations who sustain BODILY INJURY or PROPERTY DAMAGE, or (3) claims made or suits brought on accOUDt of BOOll.Y INJURY or PROPERTY DAMAGE, the company's liability is limited as follows: The total liability of the company for all damages, includiDg damage. for care and loss of .ervice., UDder all BODll.Y INJURY liability and PROPERTY DAMAGE liability coverages of this policy because of BODll.Y INJURY or PROPERTY DAMAGE sustained by one or more persons 01' organiJati~ u a result of any one OCCURRENCE shall not exceed the limit of liability shown above fOl' "each OCCURRENCE". Subject to the above provisions respecting" each OCCURRENCE", the total liability of the company for all damages arising out of the PRODUCTS HAZARD and COMPU.TED OPERATIONS HAZARD shall not exceed the limits of liability stated above as "aggregate". Subject to the above provision respectiDg "each OCCURRENCE.", the total liability of the company fOl' all damages because of all PROPERTY DAMAGE to which the policy applies (i) arising out of premises 01' operations rated on a remuneration basis or contractors ecpipmeDt rated on All other terms of this policy remain unchanged. ~~CC!Al>';/ ~~ """""~ American States Insurance Company American Economy Insurance Company INOIANA~OLlS, INDIANA ,,~-u!~ ~ President Countersigned by Form 9-287 10-73 ) AuTHORllEO AGENT ~~ ~ .LfaA.-I'~ Secretary (over) " .'~"'-~......",.~....,....~~:'~_IIJIII":'~-''''-' , I I receipts basis, including liability assumed under any incidental cODtract relating to such premises or operations; or (ii) arising out of and occuning in the course of operations, other than maiDtenance or repairs at premises owned by or rented to the NAMED INSURED 01' structural alterations at IIIch premises which do not involve changing the size or of mO'ling buildings or other stnl(:tures, performed for the NAMED INSURED by independeDt contractors aDd generalll1pervision thereof by the NAMED INSURED including liability assumed under any INCIDENTAL CONTRACT relating to II1ch operati~; or i (Iii) included within the CONTRACruAL LlABn.ITY PROPERTY DAMAGE COVERAGE shan not exceed the limit of liability stated above as "aggregate." Said aggregate limit of liability shall apply separately to (i), (il) and (iii) and under each separately to each project away from premises owned by or reDted to the NAMED INSURED. 4. For the purpoIe of determining the limit of the Company's liability, all BODILY INJURY and PROPERTY DAMAGE arising out of continuous or repeated exposure to subltaDtially the same general conditions shall be considered as arising out of one OCCURRENCE. ADDITIONAL INTEREST ENDORSEMENT Additional premiwn for this endorsement. Nrune: City of Clearwater Dept. of Recreation & Parks P.O. Box 4758 Clearwater, F1a 33518 1. It is agreed that such insurance as is afforued by the policy sh~ll also apply to each interest named herein, as an insured; but such inclusion of additional interest on interests shall not opera.te to increase the limits of the company's liabil i ty . 2. It is further agreed that, if this poliey is issueu 'to a fiduciary, the insurance afforded by this endorsement shall not I apply to any executive officer or employee with respect to injury to or sickness, disease or death of another executive officer or employ~e of the same employer injured in the course of such errcploymcnt. This Endorsement is subject ijo the limits of liabili ~y, exclusion, conditions and other terms of this policy which are riot inconsistent herewith. ~".I.,'. ,I ;11 :m<<.. SMP iOMPREHENSIVE CRIM'E' COVERAGE EtjDOR.SEMENT ~ SECTION 111- CRIME COVERAGI . ,I This endorsement shall be attached to Policy No. of the Insurance Company. (herein called Company) The Insuring Agreements, General Agreements, Conditions and Limitations and other terms of this endorsement shall apply only as .specified herein and none of the provisions, stipulations and other terms of the policy to which this endorsement is attached shall apply to Insurance hereunder unless so specified. DECLARATIONS Item 1. Effective Period: from 12:01 a.m. to 12:01 a.m. on the (Month, Day, Year) ... effective date of the cancellation or termination of the policy to which this endorsement is attached, standard time at the location of deSignated premises shown In the policy to which this endorsement IS attached as to each of said dates, unless this endorsement is canceled or terminated as hereinafter provided or 10 any other manner. Item 2. Table of Limits of Liability Insuring Agreement IA Employee Dishonesty (Commercial Blanket) Coverage Insuring Agreement IB Employee Dishonesty (Blanket Position) Coverage Insuring Agreement II loss Inside the Premises Coverage Insuring Agreement III loss Outside the Premises Coverage Insuring Agreement IV Money Orders and Counterfeit Paper Currency Coverage Insuring Agreement V Depositors Forgery Coverage If added by endorsement: Insuring Agreement Item 3. The liability of the Company is subject to the terms of the following endorsements attached hereto: Item 4. The Insured by the acceptance of this endorsement gives notice to the Company terminating or cancelling prior bond(s) or policy(ies) No.(s) such termination or cancellation to be effective as of the time this endorsement becomes effective. ! The Company, in consideration of the payment of the premium, and subject to the Declarations made a part hereof, the General Agreements, Conditions and Limitations and other terms of this endorsement, agrees with the Insured, in accorda~ce with such of the Insuring Agreements hereof as are specifically designated by the insertion of an amount of insurance in the Table of Limits of Liability of this endorsement, to pay the Insured for: , ~ .. ~ MP 04 50 (Ed. 12 79) !'!I $ $ 2 , 500 $ $ $ $ $ - INSURING AGREEMENTS EMPLOYEE DISHONESTY COMMERCIAL BLANKET COVERAGE IA. loss of Money, Securities and other property which the Insured shall sustain, to an amount not exceeding in the aggregate the amount stated in the Table of limits of liability applicable to this Insuring Agreement lA, resulting directly from one or more fraudulent or dis- honest acts committeed by an Employee, acting alone or in collusion with others. Dishonest or fraudulent acts as used in this Insuring Agreement shall mean only dishonest or fraudulent acts committed by such Em- ployee with the manifest intent: (a) to cause the Insured to sustain such loss; and (b) to obtain financial benefit for the Employee, or for any other person or organization intended by the Employee to receive such benefit, other than salaries, commissions, fees, bonuses, promo- tions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employment. EMPLOYEE DISHONESTY BLANKET POSITION COVERAGE lB. loss of Money, Securities and other property which the Insured shall sustain resulting directly from one or more fraudulent or dis. honest acts committed by an Employee, acting alone or in collusion with others, the amount of insurance on each of the Employees being the amoun.t stated in the Table of limits of Liability applicable to this Insuring Agreement lB. Dishonest or fraudulent acts as used in this Insuring Agreement shall mean only dishonest or fraudulent acts committed by such Em. ployee with the manifest intent: (a) to cause the Insured to sustain such loss; and ,,;..# (b) to obtain financial benefit for the Employee, or for any other person or organization intended by the Employee to receive such benefit, other than salaries, commissions, fees, bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employment. LOSS INSIDE THE PREMISES COVERAGE II. loss of Money and Securities by the actual destruction, disappear- ance or wrongful abstraction thereof within the Premises or within any Banking Premises or similar recognized places of safe deposit. loss of (a) other property by Safe Burglary or Robbery within the Premises or attempt thereat,. and (b) a locked cash drawer, cash box or cash register by felonious entry into such container within the Premises or attempt thereat or by felonious abstraction of such con. tainer from within the Premises or attempt thereat. 1 Damage to the Premises by such Slife Burglary, Robbery or felonious abstraction, or by following burglarious entry into the Premises or at- tempt threat, provided with respect to damage to the Premises the insured is the owner thereof or is liable for such damage. LOSS OUTSIDE THE PREMISES COVERAGE III. loss of Money and Securities by the actual destruction, disap. pearance or wrongful abstraction thereof outside the Premises while being conveyed by a Messenger or any armored motor vehicle com- pany, 12r while within the living quarters in the home of any Mes- senger. loss of other property by Robbery or attempt thereat outside the Premises while being conveyed by a Messenger or any armored .motor vehicle company, or by theft while witnin the living quarters in the home of any Messenger. MP 04 50 (Ed. 12 79) Pale 1 of 5 "~'" ,.}~~~~ f .' - _. "_,- ," .:.. .'"I__'._':-'--",PI,...lt.~-~":q::_:.:'~":~"";'i!";';":"'~ 2t~'- ..::-;< . - "'* 6 (e) any payroll clck, payroll draft or payroll orde. r made or drawn by the Insured, yable to bearer as well as to a na.med payee a~d endorsed by any ne other than the named payee without authority from such payee: whether or not any endorsement mentioned i~ (a), (b) or (c) b~ a forgery within the law of the place controlling the construction thereof. Mechanically reproduced facsimile signatures are treated the same as handwritten signatures. The Insured shall be entitled to priority of payment over loss sus. tained by any bank aforesaid. Loss under this Insuring Agreement, whether sustained by the Insured or such bank, shall be paid di. rectly to the Insured in its own name, except in cases where such bank shall have already fully reimbursed the Insured for such loss. The liability of the Company to such bank for such loss shall be a part of and not in addition to the amount of insurance applicable to the Insured's office to which such loss would have been. allocated had such loss been sustained by the Insured. It the Insured or such bank shall refuse to pay any of the fore. going instruments made or drawn as hereinbefore set forth, alleging that such instruments are forged or altered, and such refusal shall result in suit being brought against the Insured or such bank to en- force such payment and the Company shall give its written consent to the defense of such suit, then any reasonable attorneys' fees, court costs, or similar legal expenses incurred and paid by the In. sured or such bank in such defense shall be construed to be a loss under this Insuring Agreement and the liability of the Company for such loss shall be in addition to any other liability under this Insur. ing Agreement. GENERAL AGREEMENTS (1) the insurance under this General Agreement C shall be a part of and not in addition to the amount of insurance afforded by the applicable Insuring Agreement of this endorsement; r- ~. MONEY ORDERS AND COUNTERFEIT I PAPER CURRENCY COVERAGE IV. Loss due to the acceptance in good faith, in exchange for merchan- dise, money or services, of ~ny post office or expr~ss money order, issued or purporting to have been Issued by any post office or express company, if such money order is not paid upon presentation, or due to the accept- ance in good faith in the regular course of business of counterfeit United States or Canadian paper currency. DEPOSITORS FORGERY COVERAGE V. Loss which the Insured or any bank which is included in the In- sured's proof of loss and in which the Insured carries a checking or savings account, as their respective interests may appear, shall sus. tain through forgery or alteration of, on or in any check, draft, prom. issory note, bill of exchange, or similar written promise, order or di- rection to pay a sum certain in money, made or drawn by or drawn upon the Insured, or made or drawn by one acting as agent of the Insured, or purporting to have been made or drawn as hereinbefore set forth, including (a) any check or draft made or drawn in the name of the Insured, payable to a fictitious payee and endorsed in the name of such fictitious payee; (b) any check or draft procured in a face to face transaction with the Insured, or with one acting as agent of the Insured, by anyone impersonating another and made or drawn payable to the one so impersonated and endorsed by anyone other than the one so im. personated; and CONSOLlDATION.MERGER A. It, through consolidation or merger with, or purchase of assets of, some other concern, any persons shall become Employees, the insurance afforded by this endorsement shall also apply as respects such Employees, provided the Insured shall give the Company written notice thereof within thirty days thereafter and shall pay the Com- pany an additional premium computed pro rata from the date of such consolidation, merger or purchase to the end of the current premium period. JOINT INSURED B. If more than one Insured is covered under this endorsement, the Insured first named shall act for itself and for every other Insured for all purposes of this endorsement. Knowledge possessed or dis. covery made by any Insured or by any partner or officer thereof shall, for the purposes of Sections 7, 8 and 15, constitute knowledge possessed or discovery made by every Insured. Cancellation of the in- surance hereunder as respects any Employee as provided in Section 15 shall apply to every Insured. If, prior to the cancellation or ter. mination of this endorsement, thiS endorsement or any Insuring Agreement hereof is canceled or terminated as to any Insured, there shall be no liability for any loss sustained by such Insured unless discovered within one year from the date of such cancellatIOn or ter- mination, or as respects Insuring Agreement IB, within two years therefrom. Payment by the Company to the Insured first named of any loss under this endorsement shall fully release the Company on account of such loss. If the Insured first named ceases for any rea- son to be covered under this endorsement. then the Insured next named shall thereafter be considered as the Insured first named for all purposes of this endorsement. lOSS UNDER PRIOR BOND OR POLICY C. If the coverage of an Insuring Agreement of this endorsement ~ther than Insuring Agreement V, is substituted for any prior bond or policy of insurance carried by the Insured or by any predecessor in interest of the Insured, which prior bond or policy is terminated, canceled or allowed to expire as of the time of such substitution, the Company agrees that such Insuring Agreement applies to loss which is discovered as provided in Section 1 of the Conditions and limitations and which would have been recoverable by the Insured or such predecessor under such prior bond or policy except for the fact that the time within which to discover loss thereunder had ex- pired; provided: MP 04 50 (Ed. 12 79) ":-'~t.~i~'~.,">" .,... T"~~.h~-~_~14.'!.~,~ (2) such loss would have been covered under such Insuring Agree. ment had such Insuring Agreement with its agreements, condi. tions and limitations as of the time of such substitution been in force when the acts or events causing such loss were committed or occurred; and (3) recovery under such Insuring Agreement on Account of such loss shall in no event exceed the amount which would have been recoverable under such Insuring Agreement in the amount for which it is written as of the time of such substitution, had such Insuring Agreement been in force when such acts or events were committed or occurred, or the amount which would have been re- coverable under such prior bond or policy had such prior bond or policy continued in force until the discovery of such loss, if the latter amount be smaller. Insuring Agreement V shall also cover loss sustained by the In. sured at any time before the termination or cancellation of Insuring Agreement V, which would have been recoverable under the cover. age of some similar form of forgery insurance (exclusive of fidelity insurance) carried by the Insured or any predecessor in interest of the Insured, had such prior forgery insurance given all of the coverage afforded under Insuring Agreement V; provided, with respect to loss covered by this paragraph: (a) the coverage of Insuring Agreement V is substituted on or after the date hereof for such prior forgery coverage and the Insured or such predecessor, as the case may be, carried such prior for- gery coverage on the office at which such loss was sustained con. tinuously from the time such loss was sustained to the date the coverage of Insuring Agreement V was substituted therefor; (b) at the time of discovery of such loss, the period for discovery of loss under all such prior forgery insurance has expired; and (c) if the amount of insurance carried under Insuring Agreement V applicable to the office at which such loss is sustained is larger than the amount applicable to such office under such prior forgery insurance, and in force at the time such loss is sustained, then liability hereunder for such loss shall not exceed the smaller amount. ~, Pace 2 of 5 .'j "i'" 'I'!II:.I!,.,~-*I:I!I""""->' -' ,.. I '. .t-..fi,~'. "~t~..-'m<:: "'~ ., , "';'''''...,_.._...."...."'':'''.....''''_'''~;.''...._,.~_".''''.'''~,,'''''''',''.illlilll~TIi' f' T1 .6f>\1'....,!'-~~M'>-,.....ft '~.l"'!':~' 1".f(~'-'~il1~,~ "...._ :~ lidlil"--"""'-'" ,;o~~.~;.;w..,: _.~ . I . THE FOREGOING INSURING AGREEMENTS AND GENERAL AGREEMENTS ARE SUBJECT TO THE fOLLOWING CONDITIONS AND LIMITATIONS: EFFECTIVE PERIOD, TERRITORY, DISCOVERY Section 1. Loss is covered under Insuring Agreement 18 of this endorsement only if discovered not later than two years from the end of the Effective Period of this endorsement. Except under Insur. ing Agreement 18, loss is covered under this endorsement only if dis. covered not later than one year from the end of such Effective Period, Subject to General Agreement C: (a) this endorsement, except under Insuring Agreement lA, 18 and V, applies only to loss which occurs during the Effective Period of this endorsement within any of the States of the United States of America, the District of Columbia, Virgin Islands, Puerto Rico, Canal Zone or Canada; (b) Insuring Agreements IA and 18 apply only to loss sustained by the Insured through fraudulent or dishonest acts committed dur- ing the Effective Period of this endorsement by any of the Em- ployees engaged in the regular service of the Insured within the territory designated above or while such Employees are elsewhere for a limited period; (c) Insuring Agreement V applies only to loss sustained during the Effective Period of this endorsement. EXCLUSIONS Section 2, This endorsement does not apply: (a) to loss due to any fraudulent. dishonest or criminal act by any Insured or a partner therein, whether acting alone or in collusion with others; (b) under Insuring Agreement IA or IB, to loss, or to that part of any loss, as the case may be, the proof of which, either as to its factual existence or as to its amount, is dependent upon an inven- tory computation or a profit and loss computation; (c) under Insuring Agreements II and III, to loss due to any fraudu- lent, dishonest or criminal act by an Employee. director, trustee or authorized representative of any Insured, while working or other. wise and whether acting alone or in coli usion with others; pro' vided, this Exclusion does not apply to Safe Burglary or Robbery or attempt thereat; (d) under Insuring Agreements II and III, to loss due to war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing; (e) under Insuring Agreements II and III, to loss (1) due to the giv- ing or surrendering of Money or Securities in any exchange or pur- chase; (2) due to accounting or arithmetical errors or omissions; or (3) of manuscripts. books of account or records; (I) under Insuring Agreement II, to loss of Money contained in coin operated amusement devices or vending machines, unless the amount of Money deposited within the device or machine is re- corded by a continuous recording instrument therein; (g) under Insuring Agreement III, to loss of insured property while in'the custody of any armored motor vehicle company, unless such loss is in excess of the amount recovered or received by the In- sured under (1) the Insured's contract with said armored motor vehicle company, (2) insurance carried by said armored motor ve- hicle company for the benefit of users of its service, and (3) all other insurance and indemnity.in force in whatsoever form car- ried by or for the benefit of users of said armored motor vehicle company's service, and then this endorsement shall cover only such excess; (h) under Insuring Agreement II, to loss, other than to money, securi- ties, a safe or vault, by fire whether or not such fire is caused by, contributed to by, or arises out of the occurrence of a hazard insured against; MP 04 SO (Ed. 12 79) (i) under Insuring Agreements II and 11\, to loss due to nuclear reac. tion, nuclear radiation or radioactive contamination, or to any act or condition incident to any of the foregoing; ! (j) to and the Company is not liable for: (i) Potential income, including but not limited to interest and divi. dends, not realized by the Insured because of a loss covered under this Policy, (ii) All damages of any type for which the Insured is legally liable, except direct compensatory damages arising from a loss covered under this Policy. (iii) All costs, fees and other expenses incurred by the Insured in establishing the existence of or the amount of loss covered under this Policy. (iv) Liability of the Insured under contracts or purported contracts of insurance, indemnity or suretyship, except (1) loss resulting directly from the fraudulent or dishonest acts of an Employee which create a liability for the return of unearned premiums upon cancel- lation of such contracts, or (2) loss resulting directly from the fraudulent or dishonest acts of an Employee in adjusting or paying fictitious or fraudulent claims asserted under valid contracts of insurance, indemnity or suretyship; or (v) Liability of the insured because an inspection, title search, surveyor report was made, not made or improperly made; (k) to the defense of any legal proceeding brought against the in- sured, or to fees, costs or expenses incured or paid by the insured in prosecuting or defending any legal proceeding whether or not such proceeding results or would result in a loss to the insured covered by this policy; (I) to loss due to the surrender of Money, Securities or other property away from the premises as a result of a threat to do (1) bodily harm to any person, or (2) damage to the Premises or property owned by the insured or held by the insured in any capacity; provided, however, these exclusions do not apply: (i) to Insuring Agreement IA or IB if coverage is afforded there- under, or (ii) under Insuring Agreement III if coverage is afforded there- under, to loss of Money, Securities or other property while being conveyed by a Messenger when there was no knowledge by the insured of any such threat at the time the conveyance was initiated. :..r::~i ., ',. .. DEFINITIONS Section 3: The following terms, as used in this endorsement, shall have the respective meanings stated in this Section: "Money" means currency, coins, bank notes and bullion; and travel. ers checks, register checks and money orders held for sale to the public- "Securities" means all negotiable and non-negotiable instruments or contracts representing either Money or other 'property and in. c1udes revenue and other stamps in current use, tokens and tickets, but does not include Money, "Employee" means any natural person (except a director or trustee of the Insured, if a corporation, who is not also an officer or employee thereof in some other capacity) while in the regular service of the Insured in the ordinary course of the Insured's business during the Effective Ptriod of this endorsement and whom the Insured com. pensates by salary, wages or commissions and has the right to govern and direct in the performance of such service, but does not mean any broker, factor, commission merchant, consignee, contractor or other agent or representative of the same general character. As applied to loss under Insuring Agreement IA or 18 the above words "while in the regular service of the Insured" shall include the first 30 days thereafter; subject, however, to Section 15 or 16. "Premises" means the interior of that portion of any building which is occupied by the Insured in conducting its business. I t .. -,0 ~ Page3of5 ~ :--. ,,~. r"',: .~. ......... '= ., . -, ?" J .~~ "Banking Premises" means the interior ,f that portion of any build. ing which is occupied by a banking in itution in conducting its business. "Messenger" means the Insured or a partner of the Insured or any Employee who is duly authorized by the Insured to have the care and custody of the insured property outside the Premises. "Custodian" means the Insured or a partner of the Insured or any Employee who is duly authorized by the Insured to have the care and custody of the insured property within the Premises, excluding any person while acting as a watchman, porter or janitor. "Robbery" means the taking of insured property (1) by violence inflicted upon a Messenger or a Custodian; (2) by putting him in fear of violence; (3) by any other overt felonious act committed in his presence and of which he was actually cognizant, provided such other act is not committed by a partner^or Employee of the Insured; (4) from the person or direct care and custody of a Messenger or Custodian who has been killed or rendered unconscious; or (5) under Insuring Agreement II, (a) from within the Premises by means of compelling a Messenger or Custodian by violence or threat of violence while out- side the Premises to admit a person into the Premises or to furnish him with means of ingress into the Premises, or (t) from a showcase or show window within the Premises while regularly open for busi. ness, by a person who has broken the glass thereof from outside the Premises. "Safe Burglary" means (1) the felonious abstraction of insured property from within a vault or safe, the door of which is equipped with a combination lock, located within the Premises by a person making a felonious entry into such vault or such safe and any vault containing the safe, when all doors thereof are duly closed and locked by all combination locks thereon, provided such entry shall be made by actual force and violence, of which force and violence there are visible marks made by tools, explosives, electricity or chemicals upon the exterior of (a) all of said doors of such vault or such safe and any vault containing the safe. if entry is made through such doors, or (b) the top, bottom or walls of such vault or such safe and any vault containing the safe through which entry is made, if not made through such doors, or (2) the felonious abstraction of such safe from within the Premises. "loss", except under Insuring Agreements IA. IB and V, includes damage. .. lOSS CAUSED BY UNIDENTIFIABLE EMPLOYEE Section 4. If a loss is alleged to have been caused by the fraud or dishonesty of anyone or more of the Employees covered under Insur. ing Agreement IA or 18, as the case may be, and the Insured shall be unable to designate the specific Employee or Employees causing such loss, the Insured shall nevertheless have the benefit of such appli. cable Insuring Agreement subject to the provisions of Section 2 (b) of this endorsement provided that the evidence submitted reasonably proves that the loss was in fact clue to the fraud or dishonesty of one or more of the said Employees, and provided, further, that the aggre- gate liability of the Company for any such loss shall not exceed the Limit of Liability applicable to such Insuring Agreement. ... OWNERSHIP OF PROPERTY; INTERESTS COVERED Section 5. The insured property may be owned by the Insured, or held by the Insured in any capacity whether or not the Insured is li- able for the loss thereof, or may be property as respects which the Insured is legally liable; provided, Insuring Agreements II, III and IV apply only to the interest of the Insured in such property. including the Insured's liability to others, and do not apply to the interest of any other person or organization in any of said property unless in. cluded in the Insured's proof of loss, in which event the third para. graph of Section 8 is applicable to them. BOOKS AND RECORDS Section 6. The Insured shall keep records of all .the insured prop- erty in such manner that the Company can accurately determine therefrom the amount of loss. MP 04 50 (Ed. 12 79) ~- ~. >:"'"'~:-f~~W~'l1.;w~~..........",_ .....-~_,~..~_~ J1f<< PRIOR FRAUD, DISHDlESTY OR CANCElLATION Section 7. The covlageof Insuring Agreement IA or 18 shall not apply to any Employee from 'and after the time that the Insured or any partner or officer thereof not in collusion with such Employee shall have knowledge or information that such Employee has com. mitted any fraudulent or dishonest act in the service of the Insured or otherwise, whether such act be committed before or after the date of employment by the Insured. ! If, prior to the issuance of this endorsement, any fidelity insurance in favor of the Insured or any predecessor in interest of the Insured and covering one or more of the Insured's Employees shall have been canceled as to any of such Employees by reason of the giving of written nolice of cancellation by the insurer issuing such fidelity in- surance whether the Company or not, and if such Employees shall not have been reinstated under the coverage of said fidelity insurance or superseding fidelity insurance, the Company sha~ not be liable on account of such Employees unless the Company shall agree in writing to include such Employees within the coverage of Insuring Agreement IA or IB, as the case may be. lOSS; NOTICE; PROOF; ACTION AGAINST COMPANY Section 8. Upon knowledge or discovery of loss or of an occur- rence which may give rise to a claim for loss, the Insured shall: (a) give notice thereof as soon as practicable to the Company or any of its authorized agents and, except under Insuring Agreements IA or IB, and V, also to the police if the loss is due to a violation of law; (b) file detailed proof of loss, duly sworn to, with the Company within four months after the discovery of loss. Proof of loss under Insuring Agreement V shall include the instru. ment which is the basis of claim for such loss, or if it shelll be im- possible to file such instrument, the affidavit of t~e Insured or the Insured's bank of deposit setting forth the amount and cause of loss shall be accepted in lieu thereof. Upon the Company's request, the Insured shall submit to examina- tion by the Company, subscribe the same, under oath if required, and prOduce for the Company's examination all pertinent records, all at such reasonable times and places as the Ccmpany shall designate, and shall cooperate with the Company in all matters pertaining to loss or claims with respect thereto. No action shall lie against the Company unless, as a condition precedent thereto, there shall have ~een full compliance with all the terms of this endorsement nor until ninety days after the required proofs of loss have been filed with the Company, nor at all unless commenced within two years from the date when the Insured dis. covers the loss. If any limitation of time for notice of loss or any legal proceeding herein contained is shorter than that permitted to be fixed by agreement under any statute controlling the construction of this endorsement the shortest permissible statutory limitation of time shall govern and shall supersede the time limitation herein stated. VALUATION; PAYMENT; REPLACEMENT Section 9. In no event shall the Company be liable as respects Securi- ties for more than the actual cash value thereof at the close of business on the business day next preceding the day on which the loss was discovered, nor as respects other property for more than the acutal cash value thereof at the time of loss; provided, however, the actual cash value of such other property held by the Insured as a pledge, or as collateral for an advance or a loan, shall be deemed not to exceed the value of the property as determined and recorded by the Insured when making the advance or loan, nor, in the absence of such record, the unpaid portion of the advance or loan plus accrued interest thereon at legal rates. The Company may, with the consent of the Insured, settle any claim for loss of property with the owner thereof. Any property for which the Company has made indemnification shall become the property of the Company. In case of damage to the Premises or loss of property other than Securities, the Company shall not be liable for more than the actual cash value of such property, or for more than the actual cost of repairing such Premises or property or of replacing same with property or material of like quality and value. The Company may, at its election, pay such actual cash value, or make such repairs or replacements. If the Company Pace 4 of 5 . =. ;....:~. - --.-------------____.____-'"'..----.-___._L',,__,.,',;".,.iII__~__.E~--'-~ andthe.'<lnsured cannot agree upon such cash vie or such cost of repairs or replacements, such cash value or such ost shall be deter- mined by arbitration. RECOVERIES Section 10. If the Insured shall sustain any loss covered by this endorsement which exceeds the applicable amount of insurance hereunder, the Insured shall be entitled to all recoveries (except from suretyship, insurance, reinsurance, security or indemnity taken by, or for the benefit of the Company) by whomsoever made, on ac. count of such loss under this endorsement until fully reimbursed, less the actual cost of effecting the same; and any remainder shall be applied to the reimbursement of the Company. LIMITS OF LIABILITY Section 11. Payment of loss under Insuring Agreement lA, IB or V shall not reduce the Company's liability for other losses under the applicable Insuring Agreement whenever sustained. The Company's total liability (a) under Insuring Agreement IA for all loss caused by any Employee or in which such Employees is concerned or implicated, (b) under Insuring Agreement IB as to each Employee or (c) under Insuring Agreement V for all loss by forgery or alteration committed by any person or in which such person is concerned or implicated, whether such forgery or alteration involves one or more instruments, is limited to the applicable amount of insurance specified in the Table of Limits of li~bility or endorsement amendatory thereto. The liability of the Company for loss sustained by any or all of the Insured shall not exceed the amount for which the Company would be liable had all such loss been sustained by anyone of the Insured. Except under Insuring Agreements lA, IB and V the applicable limit of liability stated in the Table of Limits of Liability of this endorsement is the total limit of the Company's liability with respect to all loss of property of one or more persons or organizations arising out of anyone occurrence. All loss incidental to an actual or attempted fraudulent, dishonest or criminal act or series of related acts at the Premises, whether committed by one or more persons, shall be deemed to arise out of one occurrence. Regardless of the number of years this endorsement shall con. tinuein force and the number of premiums which shall be payable or paid, the limit of the Company's liability as specified in the Table of limits of liability of this endorsement shall not be cumulative year to year or period to period. LIMIT OF LIABILITY UNOER THIS ENDORSEMENT AND PRIOR INSURANCE Section 12. This Section shall apply only to Insuring Agreements lA, IB and V. With respect to loss caused by any person (whether one of the Employees or not) or in which such person is concerned or implicated or which is chargeable to any Employee as provided in Section 4 and which occurs partly during the Effective Period of this endorse- ment and partly during the period of other bonds or policies issued by the Company to the Insured or to any predecessor in interest of the Insured and terminated or canceled or allowed to expire and in which the period for discovery has not expired at the time any such loss thereunder is discovered, the total liability of the Company under thiS endorsement and under such other bonds or policies shall not exceed, in the aggregate, the amount carried under the applicable Insuring Agreement of this endorsement on such loss or the amount available to the Insured under such other bonds or policies, as limited by the terms and conditions thereof, for any such loss, if the latter amount be the larger. OTHER INSURANCE Section 13. If there is available to the Insured any other in- surance or indemnity covering any loss covered by Insuring Agree- fllent lA, IS or V the Company shall be liable hereunder only for that part of such loss which is in excess of the amount recoverable or recovered from such other insurance or indemnity, except that if such other insurance or indemnity is a bond or policy of fidelity in. ~ . .,. . surance, any loss covered unLr both such fidelity insurance and Insuring Agreement V shall firslbe paid under Insuring Agreement V. Any loss covered under both Insuring Agreements IA and IB and also under Insuring Agreement V shall be first paid under Insuring Agree- ment V and the excess, if any, shall be paid under Insurir g Agree- ment IA or IB, as the case may be. The Company waives any right of contribution which it may have against any forgery insurance carried by any depository bank which is indemnified under Insuring Agree- ment V. Under any other Insuring Agreement, if there is any other valid and collectible insurance which would apply in the absence of such Insuring Agreement, the Insurance under this endorsement shall apply only as excess insurance over such other insurance; provided, the insurance shall not apply (a) to property which is separately described and enumerated and specifically insured in whole or in part by any other insurance; or (b) to property otherwise insured unless such property is owned by the Insured, SUBROGATION Section 14. Paragraph (al of the Subrogation condition found in the Policy Conditions and Definitions Form applies. CANCElLATION AS TO ANY EMPLOYEE Section 15. Insuring Agreements 1A or 1B shall be deemed cancelled as to any Employee: (a) immeuiately upon discovery by the Insured, or by any partner or officer thereof not in collusion with such Employee, of any fraudulent or dishonest act on the part of such Employee; or (b) at noon, standard time as aforesaid, upon the effective date specified in a written notice mailed to the Insured, Such date shall be not less than ten days after the date of mailing, The mailing by the Company of notice as aforesaid to the Insured at the mailing address shown in the policy to which this endorsement is attached shall be sufficient proof of notice. Delivery of such written notice by the Company shall be equivalent to mailing. CANCElLATION OF ENDORSEMENT OR INSURING AGREEMENT Section 16. This endorsement or any Insuring Agreement thereof may be cancelled by the Insured by mailing to the Company written notice stating when thereafter the cancellation shall be effective, This endorse. ment or any such Insuring Agreement may be cancelled by the Company by mailing to the Insured at the mailing address shown in this policy to which this endorsement is attached written notice stating when not less than ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The effective date of cancellation stated in the notice shall become the end of the Effective Period of this endorsement for any affected Insuring Agreement. Delivery of such written notice either by the Insured or by the Company shall be equivalent to mailing. If the Insured cancels, earned premium shall be computed in ac- cordance with the customary short rate table and procedure. If the Company cancels, earned premium shall be computed pro rata. Pre- mium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effec- tive, but payment or tender of unearned premium is not a condition of cancellation. NO BENEFIT TO BAILEE Section 17. This Section shall apply only to Insuring Agreements II and III. The No Benefit to Bailee condition found in the Policy Conditions Applicable to SectIOn I apply. ASSIGNMENT Section 18. The Assignment condition found in the Pel icy Gen. eral ConditIOns applies. CHANGES Section 19. The Waiver or Change of Provisions condition found in the Policy General Conditions applies. M P 04 50 (Ed. 12 79) This Endorsement must be attached to Chanle Endorsement when issued after the Policy is written. ~~"~I~~t~ Page 5 of 5 ; " h~ ':f:..!'~.I~h:~.~!:~>~ .. ~,~ 'f 1.~~~,~~}':j:~~~~~ ~~1' ..~ .:{~ &..t:' .J,j.;; _~ 11 ~.~.~-~.".~~~~~\~ .~~ e ~ i' I",", ! ~ -- ! ~.., .. II Binder No. 3C!50 cc--u EXTENDED ,9G NAME AND ADDRESS OF AGENCY ~ Itoucbad IuaraDae, IIMr. P.O. .. 6010 C1Mzw.ter, n.. ')518 April ,1$ ,1982 NAME AND MAILING ADDRESS OF INSURED C1....Ulc' Sblfile120aEd clU 1020 Ca1....~ ~ Clarwabra" # PL.. 33515 Type and Location of Property Coverage/Perils/Forms P R o P E R T Y 10:C :",..liiliilK Sb:we~# C~, FL. CoB1:..t:II Fire, Be, VCMII $5,000. std. L I 0 Scheduled Form A ~Premises/Operations B I 0 Products/Completed Operations L 0 Contractual I 0 Other (specify below) T 0 Med. Pay. $ y 0 Personal Injury Type of Insurance Coverage/Forms DComprehensive Form Per Person $ Per Ace Ident OA DB DC Bodily Injury $ Property Damage $ $ Bodily InjUry & Property Damage C mbined 5OG,COO. Personal Injury Limits of Liabilit Bodily InjUry (Each Person) Bodily Injury (Each Accident) A U 0 Liability 0 Non.owned T 0 Comprehensive-Deductible o 0 Collision-Deductible ~ I OMedic3lP"yrnents B 0 Uninsured Motorist I 0 No Fault (specify): L 0 Other (specify): E o Hired $ $ $ $ Property Damage. n $ Bodily Injury & Property Damage Combined $ CXWORKERS' COMPENSATION - Statutory Limits (specify states below) ~ EMPLOYERS' LIABILITY - Limit $ 100,000. SPECIAL CONDITIONS/OTHER COVERAGES ZA1u4 !tariM - MiscellaMOU Equi~~ Ploater - $2095. Cd._ - ee__rc1al B~ C0gerage - $4500. NAME AND ADDRESS OF 0 MORTGAGEE o LOSS PAYEE LJADDL INSURED City of C1euwater Dep~. of Reereattoa . Parka P.o. !lax 4758 C1earvater, FL. 33511 LOAN NUMBER Date ACORD 75 (l1-77) 5A...._', .I __--. C I T Y 0 F C L I A R W ATE R Interc1epai-cIn0nt Con: sponoence Sheet I ""---.- - ->< TO: Lucille Williams, City Clerk Ream Wilson, Director, Parks and Recreation FROM: Insurance - Clearwater Shuffleboard Club SUBJECT: March 30, 1982 DATE: Attached is certificate of insurance for the Clearwater Shuffleboard Club, which should be placed with their agreement with the City. Please contact me if you have any questions. . ,/\ b ,l...--' J L/ ..... ) RW:pp At tachment 'jf ,( ('1/. . _. .//v ./ , f ~j;~t y/C r J", ef.F ~;~ ~11111Y RECEIVED MAR 31 1982 CITY cLERK CITY OFtLEARWATER INTER-OFFICE COMMUNICATION March 19 DATE TO City C,lprk's OfficQ FROM Pat Phillips, Parka and Recreation SUBJECT Tnl'lllr.<ln('~ Attached is a certificate of insurance for the Clearwater Shuffleboard Club. Please attach to agreement. ~~ Thanks. [] PLEASE REPLY ON REVERSE SIDE NAME AND. ADDRESS OF AGENCY ROGER BOUCHARD INS INC PO BOX 6090 CLEARWATER FL 33518 COMPANY LETTER COMPANY LETTER NAME AND ADDRESS OF INSURED CLEARWATER SHUFFLEBOARD CLUB 1020 CALUMET STREET CLEARWATER FL 33515 COMPANY LETTER COMPANY LETTER COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE limits of Liability in Thousands ( OCC~~~NCE AGGREGATE A GENERAL LIABILITY ~ COMPREHENSIVE FORM o PREMISES-OPERATIONS o EXPLOSION AND COLLAPSE HAZARD o UNDERGROUND HAZARD o PRODUCTS/COMPLETED OPERATIONS HAZARD o CONTRACTUAL INSURANCE o BROAD FORM PROPERTY DAMAGE o INDEPENDENT CONTRACTORS o PERSONAL INJURY 3 BODILY INJURY RECE'VED PROPERTY DAMAGE $ MAR 22 1982 BODILY INJURY AND PROPERTY DAMAGE COMBINED $ 500 $500 CITY C1 t:~ PERSONAL INJURY AUTOMOBILE LIABILITY o COMPREHENSIVE FORM DOWNED o HIRED o NON-OWNED BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE AODIL Y INJURY AND PROPERTY DAMAGE COMBINED $ EXCESS LIABILITY o UMBRELLA FORM o OTHER THAN UMBRELLA FORM BODIL Y INJURY AND PROPERTY DAMAGE COMBINED $ WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES liTHE CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED AS RESPECTS POL I CY NUMBER 650-113B656-7-1 ND-82." Cancellation: Should any of the above descr1~d pOlicies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF CLEARWATER,DEPT. OF RECREATION & PARKS PO BOX 4758 CLEARWATER FL 33518 DATE ISSUED ROGER BOUCHARD INS . Me POBOX 6090 ClEARWATER FL 33518 COMPANIES AFFORDING COVERAGES COMPANY LETTER A B C D E COMPANY LETTER TRAVELERS INDEMNITY COMPANY NAME AN D ADDRESS OF INSURED CLEARWATER SHUFFLEBOARD CLUB 1020 CALUMET STREET CLEARWATER FL 33515 COMPANY LETTER COMPANY LETTER COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE Limits of Liability in Thousands ( 0) EACH OCCURRENCE A GENERAL LIABILITY I!JCOMPREHENSI\lE FORM 65't-113B6S6-7-1 NO-81 D PREMISES-OPERATIONS D EXPLOSION AND COLLAPSE HAZARD D UNDERGROUND HAZARD D PRODUCTS/COMPLETED OPERATIONS HAZARD D CONTRACTUAL INSURANCE D BROAD FORM PROPERTY DAMAGE D INDEPENDENT CONTRACTORS D PERSONAL INJURY 03~1S-82 BODILY INJURY PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE $ COMBINED 500 $ 500 PERSONAL INJURY $ AUTOMOBILE LIABILITY D COMPREHENSIVE FORM DOWNED D HIRED D NON-OWNED BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED EXCESS LIABILITY D UMBRELLA FORM D OTHER THAN UMBRELLA FORM BODILY INJURY AND PROPERTY DAMAGE $ COMBINED WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES "THE CERTIFICATE HOLDER tS INCLUDED AS AN ADDITIONAL INSURED AS RESPECTS POLICY NUMBER 658-1138656-7-IN0-81." Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail --10- days written notice to the below named certificate holder, but failure to mall such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER- CITY OF CLEARWATER DEPARTMENT OF RECREATION' PARKS POBOX "758 CLEARWATER fLORIDA 33518 , _.JU"''I'. -.N' ,III/ . . 1 't(.. ~.. - @ , .1982 J e - II V. PERILS INSURED AGAINST Th., ,,",' ;"i"" ...,,,, ., .,.., of d1,,,, ,h".. ,.., ..~'" " the ,,,.,,,,,. .", .''''.'''' ""';, .", ;, ... """ of whI,h tho ,,,. ;, ..do , part. VII. VALUATION A. This policy does not insure under this form against loss caused by: L enforcement of any ordinance. or law regulating the use, con- struction, repair, or demolition of property, including debris re- moval expense; 2. unexplained or mysterious disappearance of property, or short- age of property disclosed on taking inventory; 3. actual work upon, installation or testing of property covered, failure, breakdown or derangement of machines or machinery, error, omission or deficiency in design, specifications, workman- ship or materials; unless loss by fire or explosion not otherwise excluded ensues and then the Company shall be liable for only such ensuing loss; 4. any electrical injury or disturbance to electrical appliances, de- vices, fixtures or wiring caused by electrical currents artificially generated unless fire as insured against ensues, and then this Company shall be liable for only loss caused by the ensuing fire; 5. leakage or overflow from plumbing, heating, air conditioning or other equipment or appliances (except fire protective systems) caused by or resulting from freezing while the described building is vacant or unoccupied, unless the insured shall have exercised due diligence with respect to maintaining heat in the bUildings or unless such equipment and appliances had been drained and the water supply shut off during such vacancy or unoccupancy; 6. delay, loss of market, interruption of business, nor consequen- tial loss of any nature; 7. (a) wear and tear, marring or scratching; (b) deterioration, inherent vice, latent defect; (c) rust, mold, wet or dry rot, contamination; (d) dampness or dryness of atmosphere, changes in or extremes of temperature; (e) smog, smoke from agricultural smudging or industrial operations: or (f) birds, vermin, rodents, insects or animals; unless loss by fire, smoke (other than smoke from agricultural smudging or industrial operations), explosion, collapse of a build- ing, glass breakage or water not otherwise excluded ensues, then this pOlicy shall cover only such ensuing loss. If loss by water not otherwise excluded ensues, this pOlicy shall also cover the cost of tearing out and replacing of any part of the building covered required to effect repairs to the plumbing, heat- ing or air conditioning system or domestic appliance but excluding loss to the system or appliance from which the water escapes; 8. explosion of steam boilers, steam pipes, steam turbines or steam engines (except direct loss resulting from the explosion of accumulated gases or unconsumed fuel within the firebox, or combustion chamber, of any fired vessel or within the flues or passages which conduct the gases of combustion therefrom) if owned by, leased by or operated under the control of the insured, e - The fOllOWing bases are established for valuation of property: A. The value of all stock actually sold but not delivered shall be the price at which it was sold, less all discounts and unincurred expenses. B. Tenants' Improvements and Betterments: MP 00 14 (Ed. 01 83) VI. EXCLUSIONS or for any ensuing loss except by fire or explosion not otherwise excluded, and then the Company shall be liable for only such ensuing loss; 9. voluntary parting with title or possession of any property by the insured or others to whom the property may be entrusted if induced to do so by any fraudulent scheme, trick, device or false pretense; 10. any fraudulent, dishonest or criminal act done by or at the instigation of any insured, partner or jOint adventurer in or of any insured, an officer, director or trustee of any insured; pil- ferage, appropriation or concealment of any property covered due to any fraudulent, dishonest or criminal act of any employee while working or otherwise, or agent of any insured, or any person to whom the property covered may be entrusted; 1 L continuous or repeated seepage or leakage of water or steam from within a plumbing, heating or air conditioning system or from within a domestic appliance which OCCurs over a period of weeks, months or years; 12. rain, snow or sleet to property in the open; or 13. volcanic eruption unless direct loss by fire or breakage of glass or safety glazing material ensues. In this event, this Com- pany shall be liable for only the direct loss to the property insured caused by the ensuing fire and if an insured peril, the ensuing breakage of glass or safety glazing material. Volcanic eruption means the eruption, explosion or effusion of a volcano. L If repaired or replaced at the expense of the named insured within a reasonable time after loss, the actual cash value of the damaged or destroyed improvements and betterments. 2. If not repaired or replaced within a reasonable time after loss, that proportion of the original cost at time of installation of the B. This policy does not insure under this form against loss caused directly or indirectly by the interruption of power or other utility service furnished to the designated premises if the interruption takes place away from the designated premises. If a peril insured against ensues on the designated premises, this Company will pay only for loss caused by the ensuing peril. C. This policy does not insure under this form against loss caused by, resulting from, contributed to or aggravated by any of the fOllOWing: L earth movement, inClUding but not limited to earthquake, land- slide, mudflow, earth sinking, earth rising or shifting; 2. flood, surface water, waves, tidal water or tidal waves, overflow of streams or other bodies of water, or spray from any of the fore- going, all whether driven by wind or not; 3. water which backs up through sewers or drains; or 4. water below the surface of the ground inclUding that which exerts pressure on or flows, seeps or leaks through sidewalks, driveways, foundations, walls, basement or other floors, or through doors, windows or any other openings in such sidewalks, drive. ways, foundations, walls or floors; unless fire or explosion as insured against ensues, and then this Com- pany shall be liable for only loss caused by the ensuing fire or explosion; but these exclusions shall not apply to loss arising from theft. Page 3 of 4 -"t{". ~ ' ..!.., . " @'., "1982 damaged or destroyed property which the unexpired term of the lease or rental agreement, whether written or oral, in effect at the time of loss bears to the periods from the dates such improve- ments or bettermentswere made to the expiration date of the lease 3. If repaired or replaced at the expense of others for the use of the named insured, there shall be no liability hereunder. II I C. Valuable Papers and Records: 1. Books of account, manuscripts, abstracts, drawings, card index systems and other records (except film, tape, disc, drum, cell and other magnetic recording or storage media for electronic data processing) for not exceeding the cost of blank books. cards or other blank material plus the cost of labor incurred by the named insured for transcribing or COPYing such records. 2. Film, tape, disc, drum, cell and other magnetic recording or storage media for electronic data processing for not exceeding the cost of such media In unexposed or blank form. 3. Computer programs for not exceeding the cost of labor in- curred by the named Insured for transcribing or copying such programs. D. All other property at actual cash value at the time of loss, but not ex- ceeding the amount which it would cost to repair or replace the property with material of like kind and Quality within a reasonable time after such loss, nor in any event for more than the interest of the named insured. e e - MP 00 14 (Ed. 01 83) Page 4 of 4