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GENERAL DECLARATIONS PAGE FOR ADDITIONAL INSURED I I ,<X) CITY OF CLEARWATER Interdepartmental Memorandum FROM: Elizabeth S. Haeseker, Assistant TO: Cyndie Goudeau, City Clerk COPIES: William Held, Harbormaster SUBJECT: Clearwater Beach Seafood, Inc. DATE: November 4, 1987 Attached is the ~ original of the second amendment to lease agreement available to the City on Clearwater Beach Seafood, Inc. Please file as appropriate. Attachment 1"'0 ,.... r"O .,... J:'l. 1" , . .', I V E D - ,>,,~ Ji...JI NOV 5 !1S87 CITY; CLERK ..' ~ . Date: 7/17/86 U rds l ..f.. ,sed contains a Mortgage Clause, or loss Payable Clause Add I t lona I Ins u re d ,yor. Clearwater Beach Seafood and Policy No. Travelers Insurance #650-607G812-I-TRI-86 Lore 110, Customer Service Rep )f Clearwater lox, 4748 Iter, Florida 33518 ''"-, "-. <i uj :J c 1:l ~ c .;: a.. N ~ .... m ~ m N ti. u , '- ,. ANIE'S' .... liEN VELERS CO TH.E TR HARTFORD, CONNECTICUT GENERAL DECLARATIONS .SPECIAL BUSINESS (809) · POLICY NO. 650-607G812-1-TRI-86 · BUSINESS RESTAURANT NAMED INSURED AND MAILING ADDRESS . . CLEARWATER BEACH SEAFOOD~ INC. (SEE 8000-1) 37 CAUSEWAY BLVD. . ?LEARWATER~ FL 33515 Effective from 05-31-86 to 05-31-87 ~ 12:01 AM _ 12 Noon Standard Time, at the Named Insured's address. (Month. DAY, VilA') (Month. DAY. V"A') BLOG. NO. LOC, NO. OCCUPANCY ADDRESS (Same as mailing address unless specilied otherwise) 1 1 RESTAURANT SAME The Named Insured is: _ Corporation X JOINT VENTURE ___. Indivirlual __ Partnership PO lICY SECTIONS AND INSURING COMPANY - The Travelers agrees wilh the Named Insured to proyide insurance under a section of ihis policy as designated by an "X" and in the company (each a stock companyllor which an abbreviation is shown. -L PROPERTY_INLANO MARINE _ BOILER AND MACHINERY - SECTION I. Insuring Company: TRI ....x....- G LAS S IJNOTICE!Th~s Policy Does Not Cover Flood LosSJnsuring Company: TRI _ GENERAL LIABILITY - SECTION II. Insuring Company: _ AUTOMOBILE LIABILITY _ GARAGE LIABILITY - SECTION III. Insuring Company: - AUTOMOBILE PHYSICAL DAMAGE _DEALERS PHYSICAL DAMAGE - SECTION IV. Insuring Company: _ CRIME - SECTION V. Insuring Company: SUPPLEMENTAL POLICIES - Each of the following is a separate policy containing its complete provisions: Policy Policy No. Insuring Company: \ I \ PREMIUM'SllMMARY NUMBER SUMMARY - EKcept for the following, numbers of forms and endorsements are indicated on the applicable coverage declarations: Gl!neralEnrlommenls:GEN 1-1'1 GEN 51'18000-1 ProvisionOividm: PRl-2 'S Pr t'F''<i.4J &A/ Coverage Declarations: PRI01J".'>\,(~D{,n..I.J f/!'''-/ 1~' tP Vi en; ( Provisional Premium Payable at Inception Payable at the end of each month period. $ 2014 $ 2014 $ IN WITNESS WHEREOF, each compallY designated lor the sections 01 this policy lor which such company is designate insurer has eKe. cuted and allesled Ihese presents, hutlhis rolicy shallnOI be valid unless cOllntersigned by the duly authorized Agent 01 such comrany. THE TRAVELERS INDEMNITY COMPANY (lND) THE TRAVELERS INDEMNITY COMPANY OF AMERICA (TIAI THE TRAVELERS INSURANCE COMPANY (INS) THE TRAVELERS INDEMNITY COMPANY OF ILLINOIS (TIll THE TRAVELERS INDEMNITY COMPANY OF RHODE ISLAND (TRIl THE PHOENIX INSURANCE COMPANY (PIIX) THE CHARTER OAK FIRE INSURANCE COMPANY (COFI ~ ~~b- /f/~d~#~-~ ,.,.,./drtt' GEN 1-1 Page 1 of 2 The Trayelef8 ...... _aMMON PROVISIONS . (Sections I, II~nd V~ .l . GEN 1.1 These provisions apply to all Sections I. II and V declarations. lorms and endorsements unless otherwise specilied. Terms in boldlace. italics or underlined in this policy apply in accordance with the "Definitions" contained in such declarations. forms and endorsements. A. ASSIGNMENT-Assignment 01 interest under this pol- icy shall not bind the Company until its consent is en- dorsed on this policy. However, if the Named Insured shall die. this insurance shall apply to: 1, the Namect Insllmcl's leqnl reJlresefll;\tiv(~. a:; 1111' Named Insured, hut only while actinq within tllP. scopn of the representative's duties as such; or 2. with respect to property 01 the N(lmed Insured. the per- son having temporary cllstocty 01 such property, (IS In- sured, but only until the nppointment and Qualilication 01 the legal representative. B. CANCELLATION 1. BY THE NAMED INSURED-The Nameo Insured may cancel this policy by returning it to the Comp:my or by giving the Comp:my writtnn notice. slating the date cancellation is to take ellnc!. 2. BY THE COMPANY-The Compnny may cnncel this policy or any Section 01 it by mailing or delivering to the Named Insured at the mailing address shown in the GENERAL DECLARA nONS written notice stntillCj when, not less than 30 d(lYs niter. the cancellation shall be effective II the Named Insured lails to pny. when due, the policy premium or ;'Iny premium instnll- ment, Ihe number 01 days specified above is amended 10 "10". The mailing of the notice shall be sullicient prool 01 notice and notice 01 cancellation addressed 10 the Named Insured and mailed to the mailing address shown in the GENERAL DECLARA nONS shall be sufficient notice to effect cnncellation 01 Ihis policy 3. CANCELLATION EFFECTIVE DATE-The time of the return of the policy or the ellective date. and hour of cancellation when the Company cancels, stated in the notice shall become the end 01 the policy perioo 4. PREMIUM ADJUSTMENT-II the Nmned Insured cancels, earned premium shllll be computed in nccor- dance with the Company's customary short rate cnn- cellation procedures. II the Comp;'lny cnncels, emned premium shall be com puled pro rata. Premium adjustment may be made nither Ilt the lime cancellation is ellected or as soon alter n5 practicnble. but payment or tender 01 unearned premium is not n condition 01 cancellation. C. COMPANY DESIGNA TION- The rights and dutil'S ex- pressed in a section .0J this policy am the riqhls ami duties 01 the company desi~!()d in the declarations as the in- surer for such section. Relerence in this policy to Ihe "Company" or "The Travelets" means the company so designated. D. CONCEALMENT OR FRAUD-Sections I nnd V 01 this policy are void iI, whelher belore or alter n 16SS, inclurlinq damage. the Named Insured h<ls willfully conce<llerl or misrepresenled any matmial I<let or eircumst<lnce con- cerning this insurance. or if the N<lmed Insured h<ls en- gaged in any fraud or lalse swearing relating to this insur- ance. E. INSPECTION-The Company shall be pcrmilled but nol obligated to inspect Ihe Named Insured.s properly Ilnrl operations at any time. Neither the Company's right to make inspections. nor the m<lking 01 them. nor any report concerning them sh(lll constitute nn undmtllking on b"lwll 01 or lor the bene lit 01 the Named Insured or othnr5 to determine or warrant that the property or operations nrp, sale or heallhlul or are in compliance with <lny Inw. rule or regulation. GEN 1-1 F. INSURANCE UNDER MORE THAN ONE SECTION, COV- ERAGE OR ENDORSEMENT-In the event that more thm, one section. coverage or endorsement of this policy insures the same losS. damage or claim. the Company shnll not be linhll' in totnl lor morc than the actual loss or damnqe sustnilwd by Ihe Insured. G. LIBERALIZATION CLAUSE-With respect to Sec- tions I nnd V, wlwn a filing is submilled 10 the insurnnce supmvisory nulhorities on bl'hnll 01 the Compnny and: 1. il is approvp.d or aco'pted by Ihe authorities to be elfp.clivn whih~ this policy is in lorco or within 45 dnys prior to its inception. nml 2. it inr;ludes lorms or other provisions thnt would extend or bronoen this insurance by endorsement or substitu- tion 01 lorm, without mldilionnl rremiulTl. tho exh~nded or hroadl'lwd insumnco shnll bellP.lit the In- sured tiS thouqh tlm endorsement or substitution 01 lorm had been mndl'. H. NO BENEFIT TO BAILEE-With respect to Sections I :lI1d V. Ihis insllr:mce shall not benelit directly or indirectly nny cnrrier or other bailee. I. PREMIUM, RECORDS AND AUDITS I. PREMIUM n. Prpmiums lor this policy shall be computed in accordnnce with the CompAny's rules, rates. raling rl:'1ns. premiums and minimum premiums applicable to this insurance. b. In the event that this policy is written lor a period exceeding one year. premiums shall be recomputed as 01 ench policy anniversary in accordnnce with the Ihen current Company.s rules. rates, rllting plnns. premiums and minimum premiums applicable 10 this insllrance. 2. RECORDS-The Nnmed Insured shnll maintain such records ns :UP. necessmy lor premium computation. :tnd shnll send copies 01 them to the Compnny al the end of the policy period and at such time during the policy period as the Company may direct. 3 AUDIT-The Compnny mAY examine and audit the NamrHllnsured's books and records at any time during tllP. policy pNiod and extensions and within three yeArs alter the linnl termination of the policy. as lar as they mlnh'" 10 the suhject mlllter 01 this insurance. J. SUBROGATION (Applicable unless otherwise specified in othp.r lorms or endorsements) In the event 01 Ilny payment under this policy. the Com- pnny shall he suhrognted to all Ihe Insured's rights 01 re- covery r1qainst any person or orgnnization and the Insured shnll execuf() and op.liver instruments ;'Ind pllpers and do whatever else is necessllry to secure such rights The Nnn1P.d Insured shall do nothing alter loss to prejudice such riqhts. K. TIME OF tNCEPTION-To the extent that this insur- ance replnces insurance in other policies terminating 12 noon St;'lndnrd Time on the inception date 01 this policy. this insurance ShAll not become effective until such other insurance hns terminnh~d. l. CHANGE OR WAIVER OF PROVISIONS-Nothing contain()d in this policy sh;'lll be chllnged, waived or modi- li"d. except by endorsement issued by the Company or ils authorizect aqents Page 2 of 2 The Travelers .. FLORIDA.STATUTORY NOTICE- .:... GEN 51 If this policy, or any of its parts, is subject to a coinsurance provision. the following applies: ..... COINSURANCE CONTRACT - The rate charged in this policy is based upon the use of a coinsurance provision, with the consent of the Named Insured. \ GEN 51 Page 1 of 1 L Tbe'Travelers " " POLICY NO: 650-607G812-1-TRI-86 NAMED INSURED: CITY OF CLEARWATER~ LESSOR AND CLEARWATER BEACH SEAFOOD~ INC.~ LESSEE 1~ ..-;...,";t~<\~f;,)~~.,~It''''~;t~''':~~;~:\',;~''~~~~~~''.,,-:~iY't,.'.~~l~~.Jta>. ',;~1":~f''-';1~,-"~-,,,,,,,'~fftrf' f~ !."'.:..' " ,--. o co ~ ~ en ::i .E '0 ., i: ;t co .... ~ co '" o N ci. U "-. --.._.~ ... . 8000(1) ISSUE DATE: 07-11-86 OJ ... 'M" . """"'.-....",;it>. ,~~,~,"~~..~.~>-.,*',>,'~ ~l~.. '....t.I':~.-..".t:.'f'w,. ":~ c;Jb.'....~t..<>:1A Page of The li'avalera . PROPERT'r PROVISIONS (Section I) . PR 1-2 These provisions apply to all SECTION I-PROPERTY declarations. forms and endorsements unless otherwise specified. This form does not apply to SECTION I-INLAND MARINE AND BOILER AND MACHINERY declarations. forms and endorsements. o b A. DUTIES OF THE NAMED INSURED IN THE EVENT OF LOSS-In the event of loss, the Insured named in the GENERAL DECLARATIONS shall: 1. protect the property from further loss. including, when insured, further loss with respect to loss of earnings, rental income and tuition fees and extra expense that might result in extension of the period of interruption or restoration of business; make reasonable temporary repairs required to protect the property and keep an accurate record of repair expenses; 2. immediately notify the proper police authority of any loss which is due to a violation of law; 3. give written notice of the loss to the Company as soon as practicable; 4. prepare a complete inventory of property to which loss occurs, showing In detail, quantities. descrip- tion, actual cash value or replacement value of such property and amount of loss; and attach to the inventory all pertinent records and accounts, or certified copies thereof if originals be lost, for verifi- cation of each claim made under this policy, and its amount. and permit extracts and copies thereof to be made. if needed; 5. exhibit the remains of the damaged property as often as may be reasonably required by the Company; 6. submit to examination under oath; produce employees or others for such examination to the extent that it is within the Insured's power to do so; and as often as may be reasonably required, pro- duce for examination all pertinent records and ac- counts, or certified copies thereof if originals be lost, at such reasonable time and place designated by the Company and permit extracts and copies thereof to be made if needed; 7. cooperate with the Company in all matters pertaining to loss or claim; 8. furnish a -eopy of all descriptions, schedules and declarations in all policies; and 9. submit to the Company within 60 days, when requested. a signed sworn statement of loss stating: a. the place, time and cause of loss, including, when insured. the origin of loss causing loss of earnings, rental income and tuition fees and ex- tra expense, when insured; b. the interest of the Insured and all others in the property involved and all encumbrances thereon and in the business; c. other insurance, whether or not valid, covering in any manner the loss; d. any change in the title, nature, location, occupancy, encumbrances or possessions of property or the business during the term of this policy; e. specifications of any damaged building and detailed estimates for repair of the damage; ., ., n " i. .) PR 1-2 f. when requested, the actual cash value or replacement value of all undamaged property; and g. an inventory of the property to which loss occurred as described in 4. above, and, when insured, the actual amount of loss of earnings, rental income and tuition fees and extra ex- pense, and loss claimed, accompanied by de- tailed exhibits of all values, costs and estimates upon which such amounts are based. B. LEGAL ACTION AGAINST THE COMPANY - No ac- tion shall be brought against the Company unless the Insured has complied with all the policy provisions 2nd such action shall have commenced within 12 months after the loss occurs. C. MORTGAGEE PROVISION-BUILDINGS ONLY This provision applies to mortgagees named in the declarations. The word "mortgagee" includes "trustee" . Loss to buildings shall be payable to each named mortagee as interest may appear under all present or future mortgages on the building designated in the declarations in order of precedence of mortgages on them. As to the mortgagee's interest, this insurance shall not be affected by: 1. any act or neglect of the. mortgagor or building owner; 2. any foreclosure or other proceedings or notice of sale relating to the property; 3. any change in the title or ownership of the property; or 4. the occupancy of the premises for purposes more hazardous than are permitted by this policy. If the Insured shall neglect to pay any premium due under this policy, the mortgagee shall, on demand, pay the premium. The mortgagee shall notify the Company of any change of ownership or occupancy or increase of haz- ard which shall come to the mortgagee's knowledge. Unless permitted by this policy, such change of own- ership or occupancy or increase of hazard shall be noted on the policy and the mortgagee shall, on de- mand, pay the premiums for the increased hazard for the term it existed under this policy; otherwise. insur- ance under this Section shall be null and void. The Company may cancel this policy by notifying the Insured in accordance with the policy's cancellation provisions. If so canceled. the policy shall continue in force for the benefit only of the mortgagee, unless like notification has also been sent to the mortgagee. The Company may also cancel this mortgagee provision in accordance with the policy's cancellation provisions. When the Company pays the mortgagee any sum for loss under this policy and states that the Company had no liability for loss, the Company shall. to the "'V :a o "'V m :a f '" m q (5 Z Page 1 of 2 ... . PROP.ERTY PROVISIONS .. (Section I) , PR 1-2, The, li'avelers extent of its payment, be legally subrogated to all rights of the mortgagee to whom such payment shall have been made under the mortgage debt. In lieu of taking 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 thereon to the date of such payment, and shall there- upon receive a full assignment and transfer of the mortgage and of all such other securities. However, no subrogation shall impair the right of the mortgagee to recover the full amount of said mortgagee's claim. If the Insured fails to submit a statement of loss, the designated mortgagee, upon notice, shall submit statement of loss in the form specified in the "Duties of the Named Insured In the Event of Loss" provision of this form within 60 days after receipt of such re- quest and be subject to the provisions of the policy relating to appraisal and time of payment and of bringing suit. D. WAR RISK AND GOVERNMENTAL ACTION EXCLU- SION- This insurance shall not apply to loss caused, directly or indirectly, by or due to any act or condition incident to the following: 1. Hostile or warlike action in time of peace or war, including action in hindering, combating or defend- ing against an actual, impending or expected at- tack by: (a) any government or sovereign power (de jure or de facto); (b) any authority maintaining or using military, naval or air forces; (c) military, naval or air forces; or (d) an agent of any such government, power, authority or forces, it being un- derstood that any discharge, explosion or use of any weapon of war employing nuclear fission or fusion shall. be conclusively presumed to be such a hostile or warlike action by such a government, power, authority or forces; 2. 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 quar- antine or custom's regulations, confiscation by or- der of any government or public authority, or risks of cOMa band or illegal transportation or trade; or 3. Order of any civil authority, except acts of destruction at the time of and for the purpose of preventing the spread of fire, provided that such fire did not originate from any of the perils ex- cluded by this policy. . E. NUCLEAR CLAUSE AND NUCLEAR EXCLUSION 1. NUCLEAR CLAUSE-The word "fire" is not intended to and does not embrace nuclear reac- tion or nuclear radiation or radioactive contamIna- tion, all whether controlled or uncontrolled, and loss by nuclear reaction or nuclear radiation or rad- ioactive contamination Is not intended to be and is PR 1-2 not insured against, whether such loss be, direct or indirect, proximate or remote. or be in whole or in part caused by, contributed to, or aggravated by fire or any other perils insured against. However, subject to the foregoing and all provisions of this insurance, direct loss by "fire" resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against. 2. NUCLEAR EXCLUSION - Loss by nuclear reaction or nuclear radiation or radioactive con- tamination, all whether controlled or uncontrolled, or due to any action or condition incident to any of the foregoing is not insured against, 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 insured against and nuclear reaction or nuclear radiation or radioactive contamination. all whether controlled or uncon- trolled, is not explosion or smoke. This exclusion applies to all perils insured against except the peril of fire. which is otherwise provided for in the nu- clear clause above. F. OTHER INSURANCE-This insurance is excess over any other Insurance available to a Named Insured or any other party having an Insurable interest and which would apply in the absence of this insurance. The Company shall be liable only for the excess of loss beyond the amount due from the other insurance, whether or not collectible, not exceeding the applica- ble limit of liability. If the Insured has other insurance against a loss insured under Section I, and the other insurance con- tains an excess insurance provision equivalent to the foregoing, the Company shall not be liable for a greater proportion of the loss than the applicable limit of liability bears to the total applicable limit of liability of all insurance against such loss. G. SUBROGATION (Applicable unless otherwIse spec- Ified In other forms or endorsements)- The Com- pany shall not be bound to pay any loss if the Insured has impaired any right of recovery for loss. The In- sured may, however, release others in writing from lia- bility for loss prior to its OCCUrrence. Such release shall not affect the Insured's right of recovery under this insurance. H. PERIOD OF INSURANCE AND TERRITORY - This in- surance applies only to loss occurring during the pol- icy period and which occurs within or between the United States of America, its territories or posses- sions, Puerto Rico and Canada. I. REINSTATEMENT -In the event of loss, the applica- ble limit of liability is not reduced. Page 2 of 2 ~ ",-. .( ui ::i .S al :s cl: <Xl ..... ..t M N N ci. U The'- Travelers ..." BUllDING"PERSONAl PROPE. AND TIME ELEMENT DECLARATIONS (Section 1-Standard, Broad or Special Forms) . PR 10 1. POLICY NO: 650-607G812-1-TRI-86 ISSUE DATE: 07-11-86 DJ 2. EFFECTIVE DATE-Same as policy unless otherwise specified: 3. COVERAGES, LIMITS OF LIABILITY AND APPLICABLE FORMS-Insurance applies only to a coverage and at a premises for which a limit of liability is inserted. A limit under "Blanket" applies to a coverage and at a premises for which "Included" is inserted. An "X" indicates the applicable form. Coverages Limits of Liability Premises at Bldg. No. -L- Bldg. No. _ Bldg. No. _ Blanket $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Applicable Form Buildings Pers. Prop. of Insured Pers. Prop. of Others Business Interruption Extra Expense Rental Income $ 200'1000 $ $ $ $ $ Standard Broad Special ....lL.- 4. BUILDINGS AND PERSONAL PROPERTY OF THE INSURED AND OTHERS a. Deductible-$1oo. b. Coinsurance-80%. c. Mortgagee-Building Coverage only Exception: Exception: Bldg. No.: Name and Address $1000 d. Optional Coverages-Applies to the following only when indicated by an "X" and provided for in the form: Personal Property of the Insured and Others Replacement Cost Provision Burglary and Robbery (Broad Form) ...x..- Buildings L Theft (Special Form) _ Personal Property of the Insured _ Transportation Extension-Personal Property of the Insured. 5. BUSINESS INTERRUPTION-a. Coinsurance: %. b. Ordinary Payroll Expense-Included. Exceptions: ___ Excluded. _ Included only for consecutive calendar days or part thereof. c. Extended Period of Indemnity: .. consecutive calendar days. 6. EXTRA EXPENSE-Restoration Period and Monthly Percentage Limit-Three months at 40-80-100%. Exceptions: 7. RENTAL INCOME-a. Coinsurance: _____ % b. Monthly limitation: ____ % c. Extended Period of Indemnity: _ ______ consecutive calendar days. 8. STATE EXCEPTIONS-Insurable Value-Minnesota and South Carolina Bldg. No. Bldg. $ Bldg. No. Bldg. $ Bldg. No. Bldg. $ 9. NUMBERS OF FORMS AND ENDORSEMENTS AT INCEPTION: PR1-2~ PR24~ PR40-1~ PR60~ 921~ PR49-2~ PR105-1~ PR146 10. SPECIAL PROVISIONS, if any: PR 10 ~. <( u; ::J ; ." Q) E Q: ex) r- .t <D ... N N 0:. <J The,Travelers . - BUILDIHG AND PERSONAL~PROPERTY S.,AL FORM (Section I) PR 24, A. INSURING AGREEMENT-The Company agrees to provide insurance in accordance with the provisions of this form and the declarations and other provi- sions which apply, except as may be modified by endorsement. than 60 consecutive days immediately pre- ceding the loss, but unoccupancy is permit- ted except for loss by vandalism and mali- cious mischief while the building is unoccu- pied beyond 60 consecutive days immediately preceding the loss; c. to plumbing, heating, air conditioning or other equipment or appliances (except fire protec- tive equipment) or by discharge, leakage or overflow from such equipment or appliances caused by or resulting from freezing while the building is vacant or unoccupied; however, this exclusion does not apply to loss: (1) occurring during unoccupancy of the building; or (2) if the building has not been vacant beyond 60 consecutive days immediately preceding the loss; and providing, during the unoccupancy or vacancy, the Insured shall have exercised due diligence with respect to maintaining heat in the building or unless such equipment and appliances had been drained and the water supply shut off; d. to machines or machinery caused by rupture, bursting or disintegrating of their rotating or moving parts resulting from centrifugal or re- ciprocating force; e. to a building under construction, including materials, equipment and supplies therefore; except for direct loss by specified perils other than burglary, robbery, collapse of building, falling objects or weight of snow, ice or sleet; f. to property more specifically insured in whole or in part by this or any other contract of in- surance except for the amount of loss in ex- cess of the amount due from such more spe- cific insurance; g. to outdoor signs, except as provided in the "Coverage Extensions"; 11. to trees. plants ;\110 ~11rllbs wown lor oilIer than commercial purposes, except for direct loss by specified perils other than windstorm or hail (unless the property is contained in a building) or weight of snow, ice or sleet; or i. to steam boilers, steam pipes, steam turbines or steam engines caused by any condition or occurrence within such boilers, pipes, tur- bines or engines, except direct loss resulting from explosion of accumulated gases or un- consumed fuel within the fire box or combus- tion chamber of any fired vessel or within the flues or passages which conduct the gases of combustion therefrom; or to hot water boilers or other equipment for heating water caused by any condition or occurrence within such boilers or equipment other than an explosion. The Company insures against all risks of direct physical loss or damage except as otherwise pro- vided in this form and any other provisions of the policy which apply. B. PROPERTY INSURED 1. BUilDINGS designated in the declarations and yard fixtures; materials, supplies and temporary structures to be used for construction, repairs or alterations to such buildings; building service equipment; all of which is owned by the Insured and on or within 100 feet of the premises desig- nated in the declarations. 2. PERSONAL PROPERTY OF THE INSURED while in or on a building where such personal property is designated as insured in the declarations, in- cluding such property in the open or within vehi- cles, while on or within 100 feet of the premises designated in the declarations, consisting of: a. business personal property usual or incidental to the Insured's occupancy as specified in the GENERAL DECLARATIONS; b. tenant's improvements and betterments to buildings occupied but not owned by the In- sured; and c. the Insured's interest in property of others to the extent of the value of services performed by the Insured. 3. PERSONAL PROPERTY OF OTHERS in the care, custody or control of the Insured while in or on a..building where such personal property is designated as insured in the declarations. in- cluding such property in the open or within vehi- cles, while on or within 100 feet of the premises designated in the declarations. C. PROPERTY EXCLUDED OR SUBJECT TO L1MITA- TtON5- This form does not insure againsl loss or damage: 1. UNDER BUILDINGS AND PERSONAL PROPERTY a. to awnings, outdoor equipment, or other property, all while outside of buildings, caused by rain, ice, snow or sleet; b. except as otherwise provided in this policy, while the building, whether intended for occu- pancy by owner or tenant, is vacant for more PR 24 Page 1 of 10 .1 The Travelers BUILDINJilD PERSONA'" PROPERTY SPE!L FORM (Section I) p,R 24 2. UNDER BUILDINGS a. to the interior of a building caused by rain, snow, sand or dust, all whether driven by wind or not, unless: (1) the building shall first sustain an actual damage to roof or walls by the direct ac- tion of wind or hail, and then the Company shall be liable only for direct loss to the interior of the building as may be caused by rain, snow, sand or dust entering the building through openings in the roof or walls made by direct action of wind or hail; or (2) direct loss results from specified perils other than windstorm or hail; b. to bridges or dams; piers, wharves and docks; outdoor swimming pools; beach or div- ing platforms; growing crops; or land; c. to walks, roadways, curbing and paved surfaces; fences; retaining walls not a part of the building; lawns; trees, plants and shrubs grown for other than commercial purposes; all while located outdoors and except as pro- vided in the "Coverage Extensions". d. to foundations of buildings, rn;lchirwry. boilers, engines, or other supports of the building or its equipment which are below the undersurface of the lowest basement floor, or. where there is no basement, below the sur- face of the ground; e. to pilings, piers. pipes, flues and drains which are underground; or pilings which are below the low water mark; or f. for the cost of excavations, grading or filling. 3. UNDER PERSONAL PROPERTY a. to live animals, birds or fish except when held for sale but not delivered, and then only against death or destruction directly resulting from or made necessary by specified perils; b. to property while being used in any lest, experiment or research project; except for di- rect loss by specified perils; c. to aircraft; d. to watercraft (including motors and equipment) unless held for sale or sold but not delivered but excluding all watercraft while afloat; e. to automobiles, motor trucks or trailers, all if licensed for use on public thoroughfares or held for sale or sold; but this exclusion does not apply to trailers designed for use with pri- vate passenger vehicles if such trailers are held for sale or sold and not licensed; f. to any other self-propelled vehicle or machine (not specified in e. above) if licensed for use on public thoroughfares; g. to money and securities; or h. to growing crops. PR 24 D. PERILS EXCLUDED OR SUBJECT TO lIMITA- TIONS--This form does not insure against loss or damage: 1. TO BUilDINGS AND PERSONAL PROPERTY a. caused by deterioration, inherent vice, inherent or latent defect, wear and tear. rust, corrosion, insects, termites or vermin; unless direct loss by specified perils ensues and then the Company shall be liable only for such ensuing insured loss; . b. caused by animals or birds; mold, mildew, wet or dry rot; smog; smoke, vapor or gas from agricultural or industrial operations; unless di- reclloss by a peril not otherwise excluded en- sues, and then the Company shall be liable only for such ensuing insured loss; c. caused by actual work upon or installation or erection of property. unless direct loss by specified perils ensues, and then the Com- pany shall be liable only for such ensuing in- sured loss; d. occasioned directly or indirectly by enforcement of any ordinance or law regulat- inq the construr.tion. mlxlir, demolition or condemnation, including debris removal ex- penses, or use of any property; e. caused by failure, breakdown or derangement of machinery or equipment; unless direcl loss by specified perils ensues, and then the Company shall be liable only for such ensuing insured loss; f. caused by continuous or repeated seepage or leakage of water or steam from within a plumbing, heating or air conditioning system or domestic appliance which occurs over a period of weeks, months or years; g. resulting directly or indirectly from artificially generated electric current, except for an en- suing insured loss by fire; h. caused directly or indirectly by the failure, f1ucluation or interruption of power or other utility service furnished to the premises if the cause of such failure, fluctuation or interrup- tion occurs away from the premises; however, if loss by a peril not otherwise excluded en- sues at the premises, the Company will be lia- ble only for such ensuing insured loss; caused by explosion of steam boilers, steam pipes, steam turbine'3 or steam engines (ex- cept 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 com- bustion therefrom) if owned by, leased by or operated under the control of the Insured, or for any ensuing loss except by fire or explo- sion not otherwise excluded, and then the Page 2 of 10 - - '. The Travelers BU1LDI.ND PERSONAL PROPERTY SP.L FORM (Section I) PR 24 \.... Company shall be liable only for such ensuing insured loss; j. caused by: (1) shortage of property disclosed by taking inventory; (2) mysterious or unexplained disap- pearance; or (3) voluntary parting with title or possession of any property by the Insured or others 10 whom the property may be entrusted if in- duced to do so by any fraudulent scheme, trick or device, or false pretense; k. caused by, resulting from, contributed to or aggravated by 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, release of water im- pounded by a dam, or spray from any of the foregoing, or other water from natural sources whether on or below ground; (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, driveways, foundations, walls or floors; however, this, exclusion does not apply: (a) to an ensuing insured loss by fire or explosion; (b) with respect to Exclusions (2) and (4) above, to loss by water: (i) from any plumbing, heating or air conditioning system above or below -.__ ground on the designated premises; or (ii) indirectly caused by fire, vehicles or aircraft or vandalism or malicious mis- chief, all originating on or away from the premises; or (c) with respect to Exclusion (3) above. to loss by water back-up, other than from a septic tank or cesspool, when the cause of the water back-up originates on the premises; 2. TO BUILDINGS a. caused by settling, cracking, shrinkage, bulging or expansion of pavements, founda- tions" walls, floors, roofs or ceilings; unless direct loss by a peril not otherwise excluded ensues, and then the Company shall be liable only for such ensuing insured'loss; b. caused by theft of property that is not an integral part of the building at the time of loss PR 24 unless direct loss by a peril not otherwise ex- cluded ensues and then the Company shall be liable only for such ensuing insured loss; 3. TO PERSONAL PROPERTY a. caused by theft unless shown as applicable in the declarations; b. caused by: (1) any legal proceeding or threat thereof; (2) delay or loss of market; or (3) consequential loss of any kind except as provided in the "Debris Removal" or "Ex- tra Expense" Coverage extension; c. caused by error, omission or deficiency in design, specifications, workmanship or materials; unless direct loss by specified per- ils ensues, and then the Company shall be liable only for such ensuing insured loss; d. caused by marring, scratching, shrinkage, evaporation, leakage, loss of weight, contami- nation, or change in flavor, color, texture or finish; except for direct loss by specified perils; e. caused by dampness or dryness of atmosphere or changes in temperature; f. caused by breakage of patterns, dies, molds, models or forms; except for direct loss by specified perils; g. caused by breakage of glass, glassware, statuary, marbles, bric-a-brac, porcelains and other articles of a fragile or brittle nature; ex- cept for direct loss by specified perils; how- ever, this exclusion does not apply to bottles or similar containers of property for sale, or sold but not delivered, or to lenses of photo- graphic or scientific instruments; or h. due to: (1) any fraudulent, dishonest or criminal act or omission 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; or (2) pilferage, appropriation or concealment of any property due to any fraudulent, dis- honest or criminal act of: (a) any employee while working or otherwise, or whether acting alone or in collusion with others; (b) an agent of an Insured; or (c) any person to whom the property may be entrusted; however, this exclusion does not apply to an ensuing insured direct loss by speci- fied perils other than burglary or rob- bery, if the loss arises from an act or omission by a person other than the In- sured. \ I Page 3 of 10 The' Travelers BUILDING A"ERSONAL PROP~RTY SPECIA.RM (Section I) PR 24 ' E. COVERAGE EXTENSIONS-Such insurance shown as applicable in the declarations for this form for Building or Personal Property also applies to the following exlensions. Except for the "Coinsurance Provision", all of the provisions of this form, including the "Deductible Provision", apply to these extensions. These extensions apply as additional amounts of insurance, except for "Debris Removal" which ap- plies as specified. When this and any other form contain like "Coverage Extensions", the amount recoverable shall not exceed the largest amount recoverable un- der any applicable extension. 1. BUILDING DAMAGE BY THEFT (when theft is insured under "Personal Property of the In- sured") to that part of the building occupied by the Insured and containing insured property, and to building service equipment within the building, provided the Insured owns the build- ing or is liable for damage. The Company shall not be liable for damage by fire or explosion, or to glass (other than glass building blocks) or to any lettering or ornamen- tation on glass. 2. DEBRIS REMOVAL expense incurred in the removal of debris of insured property occa- sioned by a loss insured against. The total amount recoverable under this form for both loss to property and debris removal expense shall not exceed the limit of liability applying to the property insured; except that if the amount of insurance provided by this form at the time of loss is at least 80% of the value of property, the Insured may apply up to 10% of the limit 01 lia- bility applicable to the property to which the loss occurs as an additional amount of insur- ance for debris removal expense, but nol to ex- ceed $25,000 in anyone occurrence. Value shall be determined in accordance with the "How Loss Is Settled" provision. 3. EXTRA EXPENSE up to $1,000 in anyone occurrence for extra expense necessarily in- curred to continue as nearly as practicable the normal operation of business following a loss 10 a building or personal property at the desig- nated premises. 4. NEWLY ACQUIRED PROPERTY a. Property as described below and acquired during the policy period and used or to be used for the Insured's business when such property is not otherwise insured. (1) Under "Building" coverage, up to $100,000 in anyone occurrence on ad- ditions and buildings under construction or buildings newly acquired; and PR 24 (2) Under '.Personal Property of the Insured" coverage. up to $50,000 in any one occurrence on property at a newly acquired premises owned or controlled by the Insured and within 100 feet of such premises. b This extension ceases: (1) at the time such property is more specifically insured; (2) 30 days from the date construction begins; (3) 30 days from date of acquisition; (4) the date the values of such property are reported to the Company; or (5) the date the policy is terminated; whichever occurs first. . c. Addilional premium is due and payable for values so reported from Ihe date construc- tion begins or the date of acquisition. 5. OFF PREMISES up to $5,000 in anyone occurrence for property insured under ., Build- inqs" clnd "Personal Property of the Insured" as described below while away from the desig- nated premises and when its removal isinci- clentell and not usual to the Jnsured's business operations: a. for not more than 90 consecutive days. property while temporarily removed from the designated premises and at a location not owned. leased, operated or controlled by the Insured. This insurance does not apply to loss: (1) while the property is rented or loaned by the Insured to others; (2) after the property is delivered to customers or prospective cust0mers; or (3) to outside signs. b. in the care, custody or control of a custodian, but excluding such properly while in vehicles. 6. OUTDOOR SIGNS up to $1,000 in anyone occurrence while at the designated premises under insurance covering "Buildings"; and. un- der insurance covering , 'Personal Property of the Insured". when the building is not owned by the Insured; only againsl direct loss by spec- ified perils, other than vandalism or malicious mischief. 7. PERSONAL EFFECTS belonging 10 the Insured or the Insured's officers, partners or employ- ees. up to $250 for anyone person or $1.000 in anyone occurrence, under insurance cover- ing personal property while located at the des- ignaled premises. only against direct loss by specified perils. 8. PERSONAL PROPERTY OF OTHERS up to $5.000 in anyone occurrence on personal property similar to that insured by this policy Page 4 of 10 rh,' Tr:l"",kr' I'U HUe .UU' Jl!:nN';lNI\( "U;)J)!T'\ r_:11\l r.~HU\" . (Section I) PI' 'J! \-. while in the Insured's care. custody or control and in or on a building where "Personal Prop- erty of the Insured" is designated as insured in the declarCltions, including such property in the open or within vehicles. while on or within 100 feet of the designated premises. 9. PROPERTY REMOVAL under insurance covering buildings and personal property of the Insured and others for direct loss by removal of property from premises endangered by a peril not otherwise excluded, including coverage pro rata for 30 days at each proper place to which the property shall necessarily be removed for preservation from, or repair of, damage caused by such peril. 10. REPLACEMENT COST under insurance covering "Buildings" when the full cost of re- pair or replacement (without deduction for de- preciation) of that part of the property sus- taining loss is less than $1,000. This extension does not apply to loss by windstorm or hail. In the event of loss, the "Replacement Cost" provision of "How Loss Is Settled.' applies in lieu of the" Actual Cash Value" provision. 11. TRANSPORTATION up to $2,000 in anyone occurrence under insurance covering . 'Per- sonal Property of the Insured" away from the designated premises in due course of transit on land vehicles owned or operated by the In- sured, including loss while the property is being loaded or unloaded incidental to transit. This extension does not apply: a. unless so indicated in the declarations; b. to property while water born except while on ferries operated on the navigable waters of the Continental United States and Canada other than to and from Alaska; c. to, loss caused by the transporting vehicle coming into contact with any portion of the roadbed or curbing or with any stationary object while backing up for loading or un- loading purposes; d. to loss caused by the property coming into contact with any object unless the transport- ing vehicle on which the properly is being transported also collides with the object; e. to loss to the conveying vehicle (including any part or equipment thereof) or contain- ers; f. to loss by theft from any vehicle while unattended unless the vehicle is of entirely closed construction and, at the time of loss, its doors shall have been securely locked and its windows firmly closed, and the loss is a direct result of forcible entry of which there shall be visible evidence; \. '- PR 24 g. to loss by ice, hail, rain, snow or sleet to property in a vehicle not equipped with a body of entirely enclosed construction; or h. to loss by chipping, denting. bending. chafing. spotting, leakage of liquids or breakage; but this exclusion does not apply to direct loss by specified perils. Only Exclusions C.1.f., C.3.a., C.3.c, C.3.d.. and C.3.e.. under "Property Excluded Or Sub- ject To Limitations" and D.1.a.. D.l .b., D.l.j.. D3.b., D.3.d.. and D.3.h. under "Perils Ex- cluded Or Subject To Limitations" apply to this extension. 12. TREES, PLANTS, SHRUBS AND OTHER SPECIFIED PROPERTY-Trees, plants and shrubs grown for other than commerciClI pur- poses; lawns; walks, roadways, curbing and paved surfaces; fences; and retaining walls not a part of the building; under insurance covering buildings or personal property and all while lo- cated outdoors on the designated premises. against direct loss by fire, lightning, explosion. riot, riot attending a strike, civil commotion or aircraft. The Company shall only be liable up to $500 on anyone tree. plant or shrub. including ex- penses incurred in removing their debris. but not for more than $5,000 in the aggregate on trees, plants and shrubs in anyone occurrence. 13. VALUABLE PAPERS AND RECORDS up to $1,000 in anyone occurrence, under insur- ance covering . 'Personal Property of the In- sured", for the cost of research and other ex- penses necessarily incurred to reproduce, re- place or restore valuable papers and records and recording or storage media at the desig- nated premises. F. DEDUCTIBLE The deductible amount specified in the declarations shall be deducted from the amount of loss in any one occurrence. G. HOW lOSS IS SETTLED-The following valuation provisions apply to that part of the property sus- taining loss. Value, unless otherwise specified; means the value at the time and place of loss. 1. ACTUAL CASH VAlUE--{Applicable unless the "Replacement Cost" provision applies}-- Property will be valued at its actual cash value, except for the following property for which the value will be determined as described and will not exceed: a. BUSINESS PROPERTY SOLD BUT NOT DELIVERED-the price at which such prop- erty was sold by the Insured, less discounts, allowances and expenses not incurred; Page 5 of 10 The Travelers' BUILDING' ANaRSONAL PROPERTY SPECIAL aM (Section I) PR 24 b. PERSONAL PROPERTY OF OTHERS--the amount shown in the Insured's receipt is- sued to customers, or the actual cash value; whichever is less; c. PROPERTY IN TRANSIT-the actual cash value of such property at point of shipment; d. RECORDING OR STORAGE MEDIA- (except finished property held for sale}--the cost of such media in unexposed or blank form. except as provided in the "Valuable Papers and Records" extension; e. STOCK IN PROCESS OF MANU- FACTURE-the cost of raw materials and labor expended plus the proper proportion of overhead charges; f. TENANT'S IMPROVEMENTS AND BETTERMENTS (1) if repaired or replaced at the expense of the Insured and within a reasonable time after loss. the actual cash value; or (2) if not repaired or replaced within a reasonable time after loss, that propor- tion of the original cost of the property which the unexpired term of the lease or rental agreement, whether written or oral, and in effect at the time of loss, bears to the periods from the dates the tenant's improvements and better- ments were made to the expiration date of the lease or rental agreement; however, if the property is repaired or replaced at the expense of others, the Com- pany shall not be liable for the loss; and g. VALUABLE PAPERS AND RECORDS--the cost of blank books, blank cards or other blank materials for valuable papers and records plus the cost of labor incurred by the Insured for transcribing or copying such records, except as provided in the' 'Valuable Papers and Records" extension. 2. REPLACEMENT COST--(Applicable when the declarations indicate the provision applies). Re- placement cost means the full cost of repair or replacement of that part of the property sus- taining the loss at the time and place of loss, without deduction for depreciation. a. If the property is repaired or replaced. its value will be its replacement cost not ex- ceeding the lesser of; (1) the replacement cost of the property equivalent to the property sustaining the loss and intended for the same occu- pancy and use and on the same prem- ises; or (2) the amount actually and necessarily expended in repairing or replacing the property. PR 24 If the property is not repaired or replaced, it shall be valued in accordance with the "Ac- tual Cash Value" provision. The Insured may elect to disregard Ihis provision and make claim on an actual cash value basis. However, further claim for any additional amount on a replacement cost ba- sis may then be made. provided the Com- pany is notified in writing within 180 days after the date of loss. b. THE REPLACEMENT COST PROVISION DOES NOT APPLY: (1) unless the declarations so indicate; (2) to stock or merchandise, including mClterials and supplies therefor; (3) unless and until the property sustaining the loss is actually repaired or replaced with due diligence and dispatch; or (4) to the following property which shall be valued in accordance with the "Actual Cash Value" provision: (a) obsolete property which is not in use; (b) household contents, personal effectS, domestic appliances, carpet- ing, awnings, air conditioners. out- door equipment, or articles of art, rarity or antiquity; or (c) personal property of others; business property sold but not deliv- ered; recording or storage media; tenants improvements and better- ments; stock in process of manufac- ture; or property in transit. 3. COINSURANCE-The Company shall not be liable for a greater proportion of any loss to the property than the applicable limit of liability bears to the amount produced by multiplying the value of such property to which such limit applies by the coinsurance percentage speci- fied in the declarations. The value of the property shall be determined in accordance with the "How Loss Is Settled" provisions. The "Coinsurance" provision does not apply to insurance provided under "Coverage Exten- sions" or which is subject to special or re- stricted limits of liability. 4. LIMITS OF LIABILITY-The Company shall not be liable in anyone loss for more than: a. the interest of the Ins.ured in the property (except personal property owned by others for which insurance is specifically provided); or b. the applicable limit specified in the declamlions or in this or any form or en- dorsement; whichever is less. Page 6 of 10 The Travelers ' BUlL. AND PERSONAL PROPERTY aCIAL FORM (Section I) PR 24 ~.. In no event shall the Company be liable for a greater proportion of loss than the applicable limit of liability bears to the total applicable limit of liability of all insurance covering such loss. 5. PAYMENT OF lOS5--The Company will pay all adjusted claims within 30 days after presen- tation and acceptance of the statement of loss. 6. APPRAISAL-If the Insured and the Company fail to agree on the amount of the loss, either can demand that the amount of loss be set by appraisal. If either pClrty makes Cl written de- mand for appraisal, each shall select a compe- tent independent appraiser. Each shall notify the other of the selected appraiser's identity within 20 days of the receipt of the written de- mand. The two appraisers shall select a competent and impartial umpire. If the appraisers are un- able to agree upon an umpire within 15 days. the 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 um- pire. The appraisers shall then set the amount of loss. If the appraisers submit a written report of an agreement to the Company, the amount agreed upon shall be the amount of loss. If the appraisers fail to agree within a reasonable time, they shall submit their differences to the umpire. A written 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 Insured and the Com- pany. 7. PRIVilEGE TO ADJUST LOSSES WITH OWNER OF PROPERTY- loss shall be ad- justed as follows: a. On property owned by the Insured or in which the Insured has an interest, loss shall be adjusted with and payable to the Insured. b. Where another payee is specifically named in the policy, loss shall be adjusted with the Insured but shall be payable to the Insured and such other payee as interest may ap- pear. c. In the event claim is made for loss to property of others held by the Insured, the right to adjust such loss 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 payment has been made. '--- .--- PR 24 If legal proceedings be taken to enforce a claim against the Insured as respects any such loss, 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 its liability under the policy, nor increase the applicable limits of liability specified in the policy. 8. COMPANY'S OPTIONS--H the CompClny gives notice within 30 days after it has received a signed sworn slatement of loss, it shall have the option to lake all or any part of the property to which the loss occurred at an agreed value, or to repair, rebuild or replace it with equivalent property. 9. WAIVER OF INVENTORY--H the total claim for any loss is both less than $10,000 and 5% of the applicable limit of liability, no special inven- tory or appraisal of the undamaged property will be required, but this shall not be construed to waive the applicf'ltion of the "Coinsurance" provision. 10. ABANDONMENT OF PROPERTY-There can be no abandonment of the property to the Com- pany without the consent of the Company. H. RESTRICTED LIMITS OF LIABILITY-The Com- pany shall not be liable for loss in anyone occur- rence: 1. by theft of: a. patterns, dies, molds, models and forms, for more than $1,000 in the aggregate; b. furs or articles containing fur which represents their principal value, for more than $1,000 in the aggregate; c. jewelry, bullion, gold, silver, platinum and other precious alloys or metals, for more than $1,000 in the aggregate; however this limitation shall not apply to jewelry valued at $50 or less per item; or d. stamps, tickets and letters of credil, for more than $250 in the aggregate; or 2. 10 glass forming a part of the building (other than glass building blocks), for more than $50 per plate, pane, multiple plate, insulating unit, radiant heating panel, jalousie, louvre or shut- ter, nor for more than $250 in anyone occur- rence. This restriction, however, does not apply to direct loss by specified perils other than burglary, vandalism or malicious mischief or breakage of building glass. Page 7 of 10 The T.ravelers. BUILDING- AN.RSONAL P,ROPERTY SPECIAL .M (Section I) PR"24 I. CONDITIONS 1. INCREASE OF HAZARD-The Company shall not be liable for 105s occurring while the hazard is increased by any means within the control or knowledge of the Insured unless the Company has received prior written notice. However, ex- cept as otherwise provided, permission is granted to make alterations and repairs. 2. NO CONTROL-This insurance shall not be prejudiced by any act or neglect of any person (other than the Insured) or by the failure of the Insured to comply with any warranty or condi- tion of this policy when such act, neqlect or Inil. ure is not within the control of the Insured. J. DEFINITIONS 1. "ACTUAL CASH VALUE" means replacement cost less depreciation (including obsolescence) of that part of the property sustaining loss at the time and place of loss, but not exceeding the cost to repair or replace with material of like kind and quality within reasonable time after the loss. 2. "BREAKAGE OF GLASS" means only the breakage of glass forming a part of the build- ing, but does not include loss: a. to neon tubing attached to the building; or b. if the building had been vacant beyond 30 consecutive days immedialely preceding the loss. 3. "BUilDING" or "BUilDINGS" includes structures, additions and extensions attached to the building or structure; fixtures, machinery and equipment; all forming a permanent part of and pertaining to the service of a building. 4. "BUiLDING SERVICE EQUIPMENT" means personal property used for the maintenance or service of the premises, including fire extin- guishing apparatus, floor coverings. outdoor furniture and appliances for refrigerating, venti- lating, cooking, dishwashing and laundering; but does not include other personal property in apartments or rooms furnished by the Insured. 5. "BURGLARY" means the felonious abstraction of property from within the premises by a per- son feloniously entering or exiling from such premises by actual force and violence as evi- denced by visible marks made by tools, explo- sives, electricity, or chemicals upon, or physi- cal damage to, the exterior of such premises at the place of such entry, or to the interior of such premises at the place of such exit. "Burglary" also includes damage by burglary or attempted burglary. PR 24 "Premises", with respect to burglary, means the interior of the portion of the building con- taining the Insured property and a showcase or show window inside the building line of such building. Premises does not include public en- trances, halls or stairways. 6. "COLLAPSE OF BUilDING" means only the sudden falling in of a substantial structural por- tion of the building. 7. "CUSTODIAN" means the Insured, a partner or an officer of the Insured or any employee who is in the regular service of and authorized by Ihe Insured to have the care, custody or control of the property. 8. "EXTRA EXPENSE" means the excess of the total cost incurred during the period of indem- nity and chargeable to the operation of the In- sured's business over and above the total cost thrlt would normally have been incurred to con- duct the business during the same period had no loss occurred, but does not include loss of income. Any salvage value of property obtained for temporary use during the same period of indemnity and remaining after tho resumption of normal operations shall be taken into consid- eration in the adjustment of any loss. 9. "FALLING OBJECTS" means loss caused by falling objects, but excluding loss to: a. the interior of the building or property within the building unless the building shall first sustain an actual damage to the exterior of the roof or walls by the falling object; or b. personal property in the open. 10. "FIRE PROTECTIVE EQUIPMENT" means tanks, water mains, hydrants, or valves and any other equipment whether used solely for fire protection or jointly for fire protection and for other purposes but does not include: a. branch piping from a joint system where such branches are used entirely for pur- poses other than fire protection; b. any underground water mains or appurtenances located outside of the prem- ises or forming a part of a public water distri- bution system; or c. any pond or reservoir. \ , 11. "FIRE PROTECTIVE EQUIPMENT DAMAGE" means direct loss by leakage or discharge of water or other substance from within any part of the fire protective equipment and collapse or fall of a tnnk lorming a part of such equipment. In the event 01 such loss, and when the building is insured, fire protective equipment damage also includes the cost of repairs or replacement of such equipment when the loss is directly Page 8 of 10 The .Travelers BUlL. AND PERSONAl.:' PROPERTY S.IAl FORM (Section I) .PR 24. \.... caused by breakage of any of its parts or by freezing. 12. "JEWELRY" means watches, watch movements, jewels, pearls, precious and semi- precious stones. 13. "MONEY" means currency and coins, bank notes, travelers checks, registered checks and money orders held for sale to the public. 14. "PERIOD OF INDEMNITY" means the length of time required with the exercise of due diligence and dispatch to rebuild, repair or replace that part of the property sust3ining loss, commenc- ing with the date of the loss but not limited by the date Of termination of this insurance. '- 15. "RECORDING OR STORAGE MEDIA" means film, tape, disc, drum, cell and other recording or storage media for electronic date process- ing. 16. "ROBBERY" means the felonious taking of property: a. by violence or threat of violence inflicted upon a custodian; b. by any other overt felonious act committed in a custodian's presence and of which he was actually cognizant; or c. from the person or direct care, custody or control of a custodian who has been killed or rendered unconscious. "Robbery" includes attempted robbery. 17. "SECURITIES" means all negotiable and non- 1 negotiable instruments or contracts represent- ing either money or other property and in- cludes revenue or other stamps. tokens and tickets; but does not include money. 18. "SONIC BOOM" means only direct loss by shock waves caused by aircraft. 19. "SPECIFIED PERILS" means. subject to the applicable exclusions and limitations of this pol- icy. direct loss: a. With respect to property not in due course of transit: by fire; lightning; windstorm; hail; explosion; smoke; riot; riot attending a strike; civil commotion; vandalism or mali- cious mischief; breakage of building glass; burglary; robbery; collapse of building; falling objects; fire protective equipment damage; sonic boom; vehicles or aircraft; water damage; or weight of snow, ice or sleet; and; b. With respect to property in due course of transit: by fire; lightning; windstorm; hail; explosion; smoke; riot; riot attending a strike; civil commotion; vandalism or mali- cious mischief; earthquake; flood; collapse or subsidence of docks, wharves, piers or \-. PR 24 bridges; stranding, sinking, burning or colli- sion of ferries on which the insured property is being transported. including General Av- erage or salvage charges incurred; the transporting conveyance. s collision (except contact with the roadbed), upset or overturn; or theft from the transporting conveyance. 20. "TENANT'S IMPROVEMENTS AND BETTERMENTS" means the Insured's use in- terest in fixtures, alterations. installations or ad- ditions comprising a part of the building occu- pied but not owned by the Insured and made or acquired at the Insured's expense exclusive 01 rent paid by the Insured, but which are not le- gally suhject to removal by the Insured. 21. "THEFT" includes, but is not limited to. burglary or robbery and also includes damage by attempted theft, burglary or robbery. 22. "UNOCCUPIED" or "UNOCCUPANCY" means containing contents pertaining to occupancy of the building while operations or other custom- ary activities are suspended. A suspension of operations or period of inactivity during part of the year which is usual and incidental to the occupancy of the building shall not be deemed as unoccupancy. 23. "VACANT" or "VACANCY" means containing no contents pertaining to operations or activi- ties customary to occupancy of the building, but does not apply to a building under con- struction. 24. "VALUABLE PAPERS AND RECORDS" means written, printed or otherwise inscribed docu- ments and records pertaining to the Insured's business, including books of account, card in- dex systems, maps, drawings, abstracts, deeds, mortgages and manuscripts. but does not mean money, securities, recording or stor- age media, or property held as samples or for s<lle or for delivery after sale. 25. "VEHICLES OR AIRCRAFT" means only direct loss by actual physical contact between aircraft (including objects falling therefrom) or vehicles and the insured property or buildings contain- ing the insured property. "Aircrnft" also in- cludes self-propelled missiles and spacecraft. This peril does not include loss: a. by any vehicle owned or operated by the Insured or any tenant of the premises. in- cluding their employees; or b. to any aircraft or vehicle including its contents. 26 "WATER DAMAGE" means the accidental discharge. leakage or overflow of water or steam from within: Page 9 of 10 The' Traveler'S BUILDING A.ERSONAL. PROPERTY SPECIAl.RM (Section I) PR 24 a. a plumbing. heating, refrigerating or air conditioning system; b. an industrial or domestic appliance; or c. storage tanks for the supply of a plumbing system, elevator tanks and cylinders or standpipes for fire hose. 27. "WEIGHT OF SNOW, ICE OR SLEET" means direct loss by weight of snow, ice or sleet which resu!ts in physical injury to the building or property therein, but does not include loss to signs, awnings and property all when outside of buildings; except as the direct result of col- lapse of building. \ --- . PR 24 Page 10 of 10 \.... ~. ...: ui ::i .!O '0 11> E & N <Xl .. M <D .... N Q. u \ \ "--- The'Travelers . AGREED AMOUN'f ENDORSEMe (Section I-Standard, Broad or Special Form) PR 40-1 . POLICY NO: 650-607G812-1-TRI-86 ISSUE DATE: 07-11-86 DJ EFFECTIVE DATE-Same as policy unless otherwise specified: A. DECLARATIONS Coverages Building Pers. Prop. of Insured Pers. Prop. of Others Business Interruption Agreed Amounts Premises at 1 Bldg. No. ___ Bldg. No. _________ Bldg. No. _____.____ $ 200,/000 $ $ $ Combined Business Interruption $ and Extra Expense Expiration Date: \ 05-31-87 Special Provisions, if any: B. PROVISIONS-With respect only to a coverage and at a premises for which a limit of liability is specilied in the declarations of this endorsement the "Coinsurance" provision in any form or endorsement applying to such coverage is suspended and replaced by the following until the expiration date shown above. PR-4Q-1 Page 1 of 2 The Travelers' . AG. AMOUNT ENDORSEMENT . (Section I-Standard, Broad or Special Form) PR 40-1 "The Company shall not be liable for a greater proportion of any loss than the limit of liability applying under this policy to the coverage involved bears to the applicable agreed amount shown above for such coverage". The "Coinsurance" provision is automatically reinstated after the expiration date shown in the declarations above. __-.u_ PR-40-1 Page 2 of 2 The'Travelers . GLASS EN[)ORSEMENT . (Section I) PR 49-2' ~ POLICY NO: 650-607G812-1-TRI-86 ISSUE DATE: 07-11-86 DJ EFFECTIVE DATE-Same as policy unless otherwise specified: This endorsement is subject to the provisions stated herein and any other declarations, forms or endorsements which apply. A. DECLARATIONS Premises Number Length Width Description Of Glass, Lettering And Ornamentation at Bldg. of in in Position In Bldg., Not Over v.... Thick, Specific Limit No. Plates Inches Inches Plain Flat Set In Frames Unless Otherwise Noted if any $ 1 1 40 54 PLAIN PLATE 1 60 54 PLAIN PLATE 2 64 54 PLAIN PLATE 9 60 48 PLATE GLASS- WINDOWS 1 72 liB P r, 1\ '1' E ~r,^!1:; - WINDOWS 1 48 48 P LA'l'E GLT\SS -WINlJOWS 2 48 24 PLATE GLASS -WINDOWS 2 60 48 PLATE GLASS- WINDOWS 2 60 48 PLATE GLASS- WINDOWS ',,-. .{ Deductible Amount $ u; ::i .S il Special Provisions, if any: c it M "i' eX> '" '" '" ci. u B. INSURING AGREEMENT -The Company agrees to pay for damage to glass and to lettering and ornamentation thereon as described above, at the designated premises, by breakage or chemicals accidentally or maliciously applied. '......... PR 49-2 Page 1 of 2 The, Traverers . GLASS ENDORSEMENT (Section I) PR 49-2- c. COVERAGE EXTENSIONS-Subject to the insurance afforded by 'this endorsement, the Company will also pay up to $150 in anyone OCCUrrence at anyone premises separately occupied or designed for sepa- rate occupancy for each of the following: 1. repairing or replacing frames immediately encasing and contiguous to the glass when necessary be- cause of the damage; 2. installing temporary plates in or boarding up open- ings containing the glass when necessary because of unavoidable delay in repairing or replacing the damaged glass; and 3. removing or replacing any obstructions, other than window displays, when necessary in replacing the damaged glass, lettering or ornamentation. D. ADDITIONAL EXCLUSION-This endorsement does not apply to loss by fire. E. LIMIT OF LIABILITY AND HOW LOSS IS SETTlED- The limit of the Company's liability for damage shall not exceed the actual cash value at the time and place of loss, nor what it would then cost to repair or replace the damaged property with other of the nearest ob- tainable kind and quality, not exceeding the applicable limit of insurance stated in the declarations or in this -., PR 49.2 . endorsement. The Company may pay for the loss in money or repair or replace the property. Any property so paid for or replaced shall become the property of the Company. When statutes, ordinances or building codes require replacement of the damaged property in hazardous locations with "safety glazing material", the limit of the Company's liability shall not exceed the minimum cost to meet such requirements. F. DEDUCTIBLE-The deductible amount specified in Ihe declarations shall be deducted from the amount of loss in anyone occurrence. G. ADDITIONAL CONDlTIONS- 1. This endorsement is subject to: a. any declarations; form or endorsement indicated as applicable to it, b. the COMMON PROVISIONS, and c. the PROPERTY PROVISIONS, except "C. Mort- gagee Provision-Buildings Only" and "G. Sub- rogation" . 2. This endorsement is not subject to the Property Standard. Broad or Special forms. Page 2 of 2 ~ l '- .( cIi :j .S '0 Ql E &: <Xl .... .t M o '" ci. u '- Tt)Q Travelers .PECIAL DEOUCTtBLE ENDORSeNT (Section I) . PR 60' POLICY NO: 650-607G812-1-TRI-86 ISSUE DATE: 07-11-86 DJ EFFECTIVE DATE-Same as policy unless otherwise specified: A. APPLICATION OF ENDORSEMENT-With respect to Buildings (including Dwellings) and Personal Property as insured by the applicable Standard, Broad or Special form, this deductible provision shall supersede any other applicable deductible provision. B. DECLARATIONS-Only a provision for which an "X" is inserted applies. 1. Deductible: $ 1000 2. This deductible applies: ...x-a. to the combined limits for: (1) Buildings and Personal Property; (2) Dwellings and Unscheduled Household Personal Property; whichever applies: _b. separately to the limits for: (1) Buildings or Personal Property; (2) Dwellings and Unscheduled Household Personal Property; whichever applies; _c. to Scheduled or Unscheduled Personal Property and Buildings or Structures combined; _d. to Scheduled or Unscheduled Personal Property and Buildings or Structures separately; \ and on the following basis; ---- X-Occurrence only. _Occurrence and separately for each location. _Occurrence and separately for each building and separately for property in the open. 3. Contributing Other Insurance _is provided. x..-is not provided. 4. Special Provisions, if any: PR 60 Page 1 of 2 The. Traveler;s SPE4 DEDUCTiBlE ENDORSEMENT. (Section I) 'PR60 C. PROVISIONS-The Company shall be liable only when the whole loss exceeds the deductible amount specified in the declarations of this endorsement. and then only for the amount of such excess. In the event there is any other insurance covering the property (or which would have covered the property except for the existence of this insurance) against the peril which caused the loss (whether collectible or not), then the Company shall be liable only for its proportion of the amount of such excess. Such proportion shall be determined in the same manner as the Company's proportion of the whole loss would be determined. D. OTHER INSURANCE-Other insurance is permitted during the term of this policy, as follows: 1. Insurance is permitted as indicated in the declarations of this endorsement and as specifically stated in the CONTRIBUTING INSURANCE ENDORSEMENT; and 2. The deductible as expressed in the other insurance must be in the same amount and apply in the same manner as in this endorsement. This policy shall contribute for its proportion of any loss only with such other insurance (whether collectible or not) as permitted above. If there is any other insurance (whether collectible or not) except as permitted above, the full deductible amount applicable under this deductible provision shall apply to the amount of the whole loss apportioned to this policy and to such other insurance as permitted above. E. ADDITIONAL EXCLUSION-This endorsement does not apply to the peril of earthquake, or to coverage pro- vided by the HEATING AND COOLING SYSTEMS ENDORSEMENT. F. ADDITIONAL DEFINITIONS- 1. "Whole loss" moans the nmollnt which would h;1Vn hewn racovamblo under this policy and any other insurance covering the property (or which would have covered the property except for the existence 01 this insurance) against the perils which caused the loss (whether collectible or not) in anyone occurrence, disregarding this deductible provision and any other deductible provisions in this policy or in such other insurance policies. 2. "Location" means each separate plot of land, owned, controlled or occupied by the Insured. Contiguous plots of land shall be considered as one location. 3. "Anyone occurrence" means any loss through acts or defaults committed at any time by any person or in which such person is concerned or implicated, when the perils of Theft by Employee or Forgery are included in the SPECIAL FORM. -.- PR60 Page 2 of 2 The- Travelers .LORIDA AMENDAl'ORY ENDORS.NT (Section I) , .' PR 105-1" 1,-. The Standard, Broad or Special form is amended as follows: A. When insurance is written subject to coinsurance, the rate charged for the insurance is based upon the use of a coinsurance provision, with the consent of the Named Insured. B. Properties located in the Counties of Broward, Dade, Martin, Monroe and Palm Beach, and in all areas east of the West Bank of the Intracoastal Waterway in the Counties of Indian River and St. Lucie-When such forms insure the peril of windstorm, they do not insure loss caused in any manner by windstorm to paint or waterproofing material applied to the exterior of a building. The value 01 such paint or waterproofing material shall not be considered in the determinalion of the amount of deductible or value when applying the "Coinsur- ance" provision, if applicable, to loss from windstorm. C. SINKHOLE COLLAPSE 1. Such insurance as is afforded on: a. dwelling buildings designed for occupancy by not more than four families and occupied principally for dwelling purposes, and b. personal property in such dwelling buildings, . under "Buildings" and "Personal Property of the Insured", also applies to direct loss by sinkhole collapse. 2. With respect to the property insured by this provision, any other provision in the policy which excludes loss by "earth sinking" is amended to exclude loss by "earth sinking 01 her than sinkhole collapse". 3. ADDITIONAL DEFINITION-"SINKHOLE COLLAPSE" means direcl loss by actual physical damage to the property specified above arising out of, or caused by. sudden settlement or collapse of the earth supporling such property and only when such settlemenl or collapse results from subterranean voids created by the action of water on limestone or similar rock formations. 4. Under" Property Not Insured - Buildings", the following are added: a. patios; and b. other surface improvements. \ "- ----,-- ,-~.' PR 105-1 CP.3443 3.84 Printed in U.SA ( \... { "-- . The Travelers eMENDATORY ENQ.OR~EMENT ---e>PERTY (SectIon I) .PR 146 The following forms are amended as follows: I. COMMON PROVISIONS and PROPERTY PROVI- SIONS Subrogation- The "Subrogation" provisions applicable to Section I-Property Coverage are replaced by the following: "Subrogation (Applicable unless otherwise specified in other forms or endorsements). 1. In the event of any payment for loss under Section I-Property Coverage of this policy, the Company shall be subrogated to all the Insured's right of recovery against any per- son or organization and the Insured shall ex- ecute and deliver instruments and papers and do whatever else is necessary to secure these rights. The Insured shall do nothing af- ter loss to prejudice these rights except as provided below. 2. As respects insurance provided under Sec- tion 1- Property Coverage, this insurance shall not be invalidated should the Insured waive in writing any or all right of recovery against any party for loss. However, in the event the Insured waives only a part of these rights against any particular third party, the Company shall be subrogated with respects to all rights of recovery which the Insured may retain against any such third party for a loss insured against to the extent that pay- ment for the loss is made by the Company; all subject to the following additional provi- sions. a. This provision does not apply to Boiler and Machinery, Inland Marine or Glass coverage written under Section I-Prop- erty Coverage of this policy; b. This agreement, if made before loss has occurred, may run in favor of any third party; c. This agreement, if made after loss has occurred, may run only in favor of a third party falling within one of the following categories at the time of loss: ( 1 ) a third party insured under this pol- icy, or (2) a corporation, firm, or entity: (i) owned or conI rolled by the Named Insured or in which the Named In- sured owns capital stock or other proprietary interest or (ii) owning or controlling capital stock or other proprietary interest in the Named Insured; or (3) a tenant of the Named Insured. Except as provided in Item 2. above, the Company shall not be bound to pay any loss <i en =i .s a: .E Q: M III .. ~ M ci. u I '--- 3. PR 146 Amendatory Endorsement-Property if the Insured has impaired any right of recov- ery for loss. However, it is agreed that the Insured may, as respects property in transit, accept such bills of lading, receipts or con- tracts of transportation as are ordinarily is- sued by carriers containing a limitation as to the value of such goods or merchandise." II. STANDARD, BROAD or SPECIAL FORM A. Volcanic Eruption Exclusion-The following additional exclusion applies: The Standard, Broad or Special form, which- ever applies, does not insure against loss or damage caused directly or indirectly by vol- canic eruption. Volcanic eruption includes but is not limited to: 1. explosion; 2. volcanic action meaning: a. airborne shock waves; b. ash, dust or particulate matter; or c. lava flow; 3. other expelled matter; 4. earth movement, earthquake, landslide, mudflow, earth sinking, earth rising or shift- ing; or 5. flood, surface water, waves, tidal water or tidal wave, overflow of streams or other bodies of water, release of water im- pounded by a dam, or spray from any of the foregoing; resulting from the eruption of a volcano. However, this exclusion does not apply to an ensuing insured loss by: 1. fire; or 2. the breakage of building glass or safety glazing material if breakage of building glass is an insured peril or is not otherwise excluded. The Company shall not be liable for more than those limits specified for building glass under "Restricted limits of liabil- ity" . B. The Increase of Hazard Condition is replaced by the following: 1. a. Permits and Use-Permission is granted for increased hazards and for change in use or occupancy. b. Error in Description- This insurance shall not be prejudiced by error in stat- ing the name, number, street or loca- tion of any building insured under this The Trayelers" . AM6NDAey ENDORSE;MEN1-PROPERTY. (Section I) PR 1"46 policy, or of buildings and personal property if insured under a single item of insurance, where there is no willful concealment or misrepresentation. C. Property Insured-Under "Personal Property of the Insured", the following words are de- leted: <i. iii =i .~ i ~ if. :6 .. III M cL u PR 146 Amendatory Endorsement-Property "usual or incidental to the Insured's occu- pancy as specified in the GENERAL DECLA- RATIONS. " . . !' . " ',tI-. ":' <m WINDSTORM AND HAIL EXCLUSION ENDORSEMENT Form No. 921 (Ed. 3.73) (other than Dwelling Property) ~ In consideration of a reduced premium, this policy does not insure against direct loss caused by, resulting from, contributed to or aggravated by the perils of windstorm or hail, unless loss by fire or explosion ensues, and this Company shall then be liable only for such ensuing loss. This exclusion shall not apply to insurance covering Business Interruption, Tuition Fees, Extra Expense, Additional living Expense. Rent or Rental Value or Leasehold Interest. Form No. 921 (Ed. 3-73) .... 1 "---