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COMMON POLICY DECLARATIONS NEUNORTHEAST UNDERWRITERS Insurance Services since 1962 4 3 tmtetA at Piar 60 goci tymo, '00-0faig West Pik Bax 1 T PA, FL 33601-000:1 Re 'pe:of Policy: General Liability Poli°ey Nimbm W81,58. 937 T1tk yta f elo�asig Ncalet iraf ta: ririiue yasur :ce aee o r 'Val th'6�t and QonfWetwe you MY6,jh0-,vn ire.6-av 4&jldy by oboosilig m. ymw p004-0am iyy.ingofta`paftnef eVe ofthiftM to poviding butstinding customer. ervioeAnd h:elpitigto ensure your comp ny.'s comfintied awoess, i Weaskttmfyou camf Ily ivi w your polioy ad advise,u,-,of miy obangem and/or onecl Iota ..Ple -�O pay I?AiUMI alf'idon to the iedff ratlpri soct-rv.off"yot r pplidy pbr 'exclusions:ai1d,the covera ge provid d, A�your bu -ness-changes, we Nvi 1:help.you ra-evaluate yaua°rieeds fo user you the: services that are besf al.pcd whir your-goal o. Memo ootitatt'your commercialaccount. M0,1349dr, a ren twine,kframe "' e-4 111sx0ft! 2'0 21 25�' y,020 wO gp�stloii you,may ham We,%pprecimh your bu shiegg,aiid Iook t`or arc.to a.1mg,aid properou's 4 role#- carls�iip, d t r i Providing.Insurance Services for 50 Years i 4790 1st Street North • St.Petersburg,FL 33703 • 727.521.4253 • 888.896,4806 • Fax:727,527.9455 www.neu-ins.com i ! Northfield Insurance Company COMMON POLICY St. Paul, MN 55102 DECLARATIONS Policy No: WS158937 Agency No. 021000005 Producer No: 90160 Previous Policy No: WS120366 1 POLICY PERIOD: From 09/07/2012 To 09/07/2013 Term: 1 Year at 12:01 A.M.at your mailing address shown below. Named Insured: Craig West DBA Sunsets at Pier 60 Society { Malling Address: 1680 Gulf to Bay Blvd Clearwater FL 33755 BUSINESS DESCRIPTION: NONPROFIT FESTIVALS IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. ' THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. COVERAGE PART DESCRIPTION PREMIUM Commercial General Liability Coverage Part ... ............... .. ... .. ....... $ 1, 528 . 00 PREMIUM TOTAL $ 1, 528. 00 SURPLUS LINES AGENT;❑txw.n M.Belin UC*-A290258 Policy Fee $ 35. 00 318S.auth03Hi0hW8y0neSte:206 PL 34.5&. Service Fee $ 1 . 56 JupilEr,, �RC}0.AGT:._JON HUGHES FL CAT Fund $ 20 .32 Street 4790 FIRST STREET NORTH City. ST PETERSBURG _Zip 33703 Surplus Lines Tax $ 78 . 15 a quarter_aRD 2012 POLICY TOTAL $ 1, 663 . 03 SURPLUS LINES WSU I ERS' POLICY RATES AND FORMS ARE NOT APPROVED BY � ANY FLORIDA REGULATORY AGENCY. 1fJ:':URANC=E IS, ISSUE) Pl.lRSUAN•f•'f'07HE' ��EJRPL,kJS 1-i•."\iES,L.f-! ev. PE---P{3C.)NS Ir SLIFiBD P-Y8' FRPl-.t.Jti: UNEIGI C;r"tRRiP.R$ DO NOT HAVE. TI-;L TIRO r[CTJO!V O f iF �LcJF�IF:sA 13�SUrnANGF GUARANTY'AUT °f'O TF�� EX T ENT C)?Ai�1'f RIG T O'i' RECOVEPY' FG 7'F-.!E OE31-10ATION OF AN INSOLVENT U.NL'!CENS`_D IRS:t1ti F�. r I i 7 FORMS AND ENDORSEMENTS i t The schedule of coverage declarations, forms and endorsements shown on S1 D-ILS make up your policy as of the t effective date shown above. Agency Name/Address= 954---731-5600 All Risks of the Southeast, Ltd. NORTHEAST UNDERWRITERS TNC ° 1551 Sawgrass Corporate Pkwy 4790 FIRST STREET NORTH Suite 220 ST PETERSBURG, FL 33703 ! Sunrise, FL 33323 Countersigned: _ 09/30/2012 SM By ( Date Authorized Representative S1 D-IL(9/05) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ° i i Northfield Insurance Company 385 Washington Street, St. Paul, NIN 55102 ® 1-800-237-9334 Claims: 1-800-328-5972 1 COMMERCIAL INSURANCE POLICY Your Policy Number: W 515 8 9 3 7 'I i I This policy consists of this policy cover, the Declarations and the forms, schedules and endorsements listed. READ YOUR POLICY CAREFULLY. JI In return for the payment of the premium, the insuring company agrees with the Named Insured to { provide the insurance afforded by this policy. That insurance will be provided by the company indicated as insuring company in the Declarations. J i I 1 In Witness Whereof,we have caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly authorized representative for us. d Secretary President F S1-IL.{9105) r t IMPORTANT NOTICE REGARDING COMPENSATION DISCLOSURE For Information about how Northfield compensates its agents, brokers and program managers, please visit this website: http://www.northlandins.com/Producer—Compensation_Disclosure.asp If you prefer, you can call the following toll-free number: 1-866-904-8348. Or you can write to us at Northfield Insurance Company, c/o Law Department, 385 Washington St., St. Paul, MN 55102, i r A I 'I i I I N-3384(V08) ii ii jj q h 9 Y a I tl f { 4 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. i A. Cancellation b. Give you reports on the conditions we find;and 1. The first Named Insured shown in the Declarations c. Recommend changes. may cancel this policy by mailing or delivering to us advance written notice of cancellation_ 2. We are not obligated to make any inspections, surveys, reports or recommendations and any 2. We may cancel this policy by mailing or delivering such actions we do undertake relate only to to the first Named Insured written notice of insurability and the premiums to be charged. We cancellation at least: do not make safety inspections. We do not undertake to perform the duty of any person or a. 10 days before the effective date of cancellation organization to provide for the health or safety of if we cancer for nonpayment of premium;or workers or the public. And we do not warrant that conditions: b. 30 days before the effective date of cancellation if we cancel for any other reason. a. Are safe or healthful;or 3. We will mail or deliver our notice to the first Named b. Comply with laws, regulations, codes or I Insured's last mailing address known to us. standards. 4. Notice of cancellation will state the effective date of 3. Paragraphs 1. and 2. of this condition apply not i cancellation. The policy period will end on that only to us, but also to any rating, advisory, rate date. service or similar organization which makes + insurance inspections, surveys, reports or 5. If this policy is canceled, we will send the first recommendations. Named Insured any premium refund due. If we I. 1 cancel, the refund will be pro rata. If the first 4. Paragraph 2. of this condition does not apply to Named Insured cancels, the refund may be less any Inspections, surveys, reports or than pro rata. The cancellation will be effective recommendations we may make relative to even if we have not made or offered a refund. certification, under state or municipal statutes, ` ordinances or regulations, of boilers, pressure j 6. if notice is mailed, proof of mailing will be sufficient vessels or elevators. I proof of notice. E. Premiums h 13. Changes The first Named Insured shown in the Declarations: This policy contains all the agreements between you and us concerning the insurance afforded. The first 1. Is responsible for the payment of all premiums;and Named Insured shown in the Declarations is E authorized to make changes in the terms of this policy 2. Will be the payee for any return premiums we pay. with our consent_ This policy's terms can be amended or waived only by endorsement issued by us and F. Transfer Of Your Rights And Duties Under This made a part of this policy. Policy C. Examination Of Your Books And Records Your rights and duties under this policy may not be 1 transferred without our written consent except in the We may examine and audit your books and records as case of death of an individual named insured. they relate to this policy at any time during the policy period and up to three years afterward. If you die, your rights and duties will be transferred to 1 t your legal representative but only while acting within D. Inspections And Surveys the scope of duties as your legal representative. Until your representative is appointed, anyone having 1. We have the right to: proper temporary custody of your property will have your rights and duties but only with respect to that a_ Make inspections and surveys at any time; property. { l ! II_00 17 11 go Copyright, Insurance Services Office, Inc. 1995 Page 1 of 1 ❑ r t i [ IL 00 21 09 08 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) i This endorsement modifies insurance provided under the following: I COMMERCIAL AUTOMOBILE COVERAGE PART i COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART q PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART I RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY { 1. The insurance does not apply: C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous { A. Under any Liability Coverage, to "bodily 'injury" or properties"of"nuclear material", if: i "property damage": I� (1)The "nuclear material" (a) Is at any "nuclear h' I (1)With respect to which an "insured" under the facility" owned by, or operated by or on behalf policy is also an Insured under a nuclear energy of, an "insured" or (b) has been discharged or I liability policy issued by Nuclear Energy Liability dispersed therefrom; Insurance Association, Mutual Atomic Energy �I Liability Underwriters, Nuclear Insurance (2)The "nuclear material" is contained in "spent l Association of Canada or any of their fuel"or"waste"at any time possessed, handled, successors, or would be an insured under any used, processed, stored, transported or # such policy but for its termination upon disposed of, by or on behalf of an "Insured";or y exhaustion of its limit of liability;or [ (3)The "bodily injury" or "property damage" arises (2)Resulting from the "hazardous properties" of out of the furnishing by an "insured" of services, I "nuclear material" and with respect to which(a) materials,parts or equipment in connection with any person or organization is required to the planning, construction, maintenance, maintain financial protection pursuant to the operation or use of any "nuclear facility", but if Atomic Energy Act of 1954, or any law such facility is located within the United States amendatory thereof, or (b) the "insured" Es, or of America, its territories or possessions or i had this policy not been issued would be, Canada, this exclusion (3) applies only to entitled to irdemrlty from the United States of "property damage"to such "nuclear facility" and I America, or any agency thereof, under any any property thereat. agreement entered into by the United States of America, or any agency thereof, with any 2. As used in this endorsement: person or organization. "Hazardous properties" includes radioactive, toxic or B. Under any Medical Payments coverage, to explosive properties. expenses Incurred with .respect to "bodily Injury" [ resulting from the "hazardous properties" of "Nuclear material" means "source material", "special "nuclear material" and arising out of the operation nuclear material" or"by-product material". of a "nuclear facility"by any person or organization. d d l I I IL 00 21 09 OB Copyright, ISO Properties, Inc.,2007 .Page 1 of 2 a i 4 l "Source material", "special nuclear material', and (c)Any equipment or device used for the "by-product material" have the meanings given them in processing, fabricating or alloying of "special i the Atomic Energy Act of 1954 or in any law nuclear material' if at any time the total amount amendatory thereof. of such material in the custody of the "insured" at the premises where such equipment or "Spent fuel" means any fuel element or fuel device is located consists of or contains more component, solid or liquid, which has been used or than 25 grams of plutonium or uranium 233 or i exposed to radiation In a"nuclear reactor". any combination thereof, or more than 250 grams of uranium 235; "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes (d)Any structure, basin, excavation, premises or t produced by the extraction or concentration of place prepared or used for the storage or uranium or thorium from any ore processed primarily disposal of"waste"; ' for its "source material" content, and (b) resulting from the operation by any person or organization of any and includes the site on which any of the foregoing is "nuclear facility" included under the first two located, all operations conducted on such site and all paragraphs of the definition of"nuclear facility". premises used for such operations. "Nuclear facility" means: "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission In a self-supporting (a)Any"nuclear reactor"; chain reaction or to contain a critical mass of fissionable material. (b)Any equipment or device designed or used for i (1) separating the isotopes of uranium or "Property damage" includes all forms of radioactive plutonium, (2) processing or utilizing "spent contamination of property. ' fuel', or (3) handling, processing or packaging I "waste"; f p S � I Ali I I I a ( 1 S u N i f 1 f I. I i I j i I 4 1 IL Da 21 09 08 Copyright, ISM Properties,Inc.,2007 Page 2 of 2 I I SCHEDULE OF FORMS AND ENDORSEMENTS 3 Effective Date: 09/07/2012 Policy No: W S 15 8 9 3 7 Named Insured- Craig West DBA Sunsets at Pier 60 Society i The following schedule of coverage declarations, forms and endorsements make up your policy as of the effective date shown above. COMMON POLICY DECLARATIONS-S1D-IL (9/05) ' The following forms and endorsements apply to coverage parts as stated on the farm or endorsement: 91-IL (9/05) Commercial Insurance Policy N-3384 (7/08) Important Notice -- Producer Compensation IL 00 17 (11/98) Common Policy Conditions IL 00 21 (09/08) Nuclear Energy Liability Exclusion Endorsement 31D-IL (9/05) Common Policy Declarations SID-ILS (9/05) Schedule of Forms and Endorsements i t 51030-IL (7/08) Service of Suit 52618-IL (1/08) Terrorism Risk Insurance Act of 2002 Disclosure 52765-IL (5/06) Amendment - Minimum Earned Premium COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS-S2584D-CG(9/05) The following forms and endorsements apply to the Commercial General Liability Coverage Part only: S2584D-CG (9/07) Commercial GL Coverage Part Declarations CG 00 01 (12/07) General Liability Coverage Form a S19-CG (6/99) Amendment - Contractual Liability S42-CG (2/09) Total Pollution Exclusion with Exceptions for a Building Heating, Cooling or Dehumidifying Equipment and Hostile Fire ( ,5267-CG (9/11) Combination Endorsement Bodily Injury and Property Damage Liability I 52582-CG (5/08) Exclusion - Aircraft, Auto or Watercraft 52612-CG (12/11) Amendment - Non-Renewal I 52621-CG (1/08) Cap on Losses From Certified Acts of Terrorism d i 52623--CG (9/11) Combination Endorsement Personal and Advertising i Injury Liability i CG 02 20 (04/11) Florida Changes - Cancellation and Nonrenewal CG 20 24 (11/85) Additional Insured - Owners or Other Interests CG 21 36 (03/05) Exclusion - New Entities I CG 24 26 (07/04) Amendment of Insured Contract Definition S43-CG (10/04) Exclusion - Punitive or Exemplary Damages d N I S56-CG (10/04) Amendment - Deposit Premium and Minimum Premium lli r S311-CG (3/11) Exclusion - Professional .Services 5354-CG (6/99) Exclusion - Liquor - Absolute I 1 S1 D-ILS(9105) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT This policy Is subject to the following: In the event of our failure to pay any amount claimed to be due hereunder,we, at the request of the Insured (or reinsured),will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practices of such court. The service of process in such suit may be made upon our President or his nominee, at 385 Washington Street, St. Paul, MN 55102 and that in any suit instituted against one of there upon this contract,we will abide by the final decision of such court or of any Appellate court in the event of an appeal. The above named are authorized and directed to accept service of process on our behalf In any such suit and/or upon the request of the Insured (or reinsured)to give a written undertaking to the Insured (or reinsured) that they will enter a general appearance upon our behalf in the event that a suit shall be instituted. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore,we hereby designate the Superintendent,Commissioner or Director of Insurance or other officer specified 1 for that purpose in the statute, or his/her successor or successors In office, as their true and lawful attorney upon whom may be served any lawful process in any action,suit or proceeding Instituted by or on behalf of the Insured (or reinsured) or any beneficiary hereunder arising out of this contract of Insurance (or reinsurance), and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true 'I copy thereof. i Special rule for California. For the State of California we authorize CSC- Lawyers Incorporating Services, t 2730 Gateway Oaks Drive, Suite 100, Sacramento, CA 95833 to be served and to mail us the papers, { Special rule for Rhode Island. For the State of Rhode Island we authorize Corporate Service Company; 222 Jefferson Boulevard, Suite 200, Warwick, RI 02888 to be served and to mail us the papers. f I i I IE r II i t i S1030-IL(7/08) 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TERRORISM RISK INSURANCE ACT OF 2002 DISCLOSURE I. i This endorsement applies to the insurance provided under the following: COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS UA13IL17Y COVERAGE PART RAILROAD PRO"T"ECTIVE LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART UMBRELLA LIABILITY COVERAGE FORM EXCESS LIABILITY COVERAGE FORM i On December 26, 2007,the President of the United States signed into law amendments to the Terrorism Risk j Insurance Act of 2002 (the"Act"),which, among other things, extend the Act and expand Its scope. The Act establishes a program under which the Federal Government may partially reimburse"Insured Losses" (as defined in the Act) caused by "acts of terrorism". An "act of terrorism" is defined in Section 102(1) of the Act to mean any act that is certified by the Secretary of the Treasury-in concurrence with the Secretary of State and the Attorney General of the United States-to be an act of terrorism;to be a violent act or an act that is dangerous to human life, property, or infrastructure;to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission;and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. �i The Federal Government's share of compensation for Insured Losses is 85%of the amount of Insured Losses in f excess of each Insurer's statutorily established deductible,subject to the "Program Trigger", (as defined in the Act). j In no event, however,will the federal government or any Insurer be required to pay any portion of the amount of aggregate Insured Losses occurring in any one year that exceeds$100,000,000,000, provided that such Insurer has met its deductible. If aggregate Insured Losses exceed$100,000,000,000 in any one year,your coverage may ' therefore be reduced. i i The charge for Insured Losses for each Coverage Part is included in the Coverage Part premium. The charge that has been included for each Coverage Part is indicated below, and does not include any charge for the portion of losses covered by the Federal Government under the Act; i • 1%of each applicable Commercial LiabNty Coverage Part premium. 1%of your total Commercial Inland Marine Coverage Part premium. i i I f � 'd I f = 8261B-IL(1/08) i J THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT- MINIMUM EARNED PREMIUM *Thls endorsement is EFFECTIVE 09/07/2012 *and is part of Policy Number: W S 15 8 9 3 7 *issued to:Craig West; DBA Sunsets at Pa ex 60 Society *Entry optional if shown in the Common Policy Declarations. If no entry is shown,the effective date of the endorsement is the same as the effective date of the policy. i I, This endorsement applies to all coverage parts. G If this Insurance Is cancelled at your request, there will be a minimum earned premlum retained by us of 25 %of the premium for this insurance. If applicable, 100%of all fees will also be retained by us in addition to the premium Indicated above. Cancellation of this insurance for nonpayment of premium Is considered a request by the first Named Insured for cancellation of this insurance. I The provisions of this amendment apply separately to each consecutive annual period and to any remaining period of less it than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is 4 extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the minimum earned premium- - l- 7 Ih � II X E E � l f S2765-IL(5106) a a Northrield Insurance Company COMMERCIAL GENERAL LIABILITY St. Paul, MN 55102 COVERAGE PART DECLARATIONS 0 Effective Date: 09/07/2012 12:01 A.M. at your mailing address Policy No: WS158937 Named Insured: Craig West DBA Sunsets at Pier 60 Society LIMITS OF INSURANCE Each Occurrence Limit $_1, 000, coo Damage To Premises Rented To You Limit $ 100, 000 Any One Premises Medical Expense Limit $_ 5, 000 Any One Person Personal and Advertising Injury Limit $, 1, o 0 o. o o o Any One Person or Organization General Aggregate Limit $ 2 0 0 0 0 0 0 Products/Completed Operations Aggregate Limit $ 2 00 0 000 - BUSINESS INFORMATION Form of Business: ❑ Individual ❑Joint Venture ❑ Partnership ❑ Limited Liability Company ❑ Trust ❑x Organization, including a Corporation (but not including a partnership,joint venture, trust or limited liability company.) Loc. # Address of All Premises (Including Zip Code) Thai You Own, Rent or Occupy 001 Pier 60 Clearwater FL 33755 PREMIUM Loc. Rate Advance Premium 1 # Classification Code No. Premium Base Pr/CO All Other Pr/CO All Other 001 13azaar-5 - cper_ated by the insured - 10132 s+ 151,000 included 9.454 $ Included $ 1,428.00 Non_Profit. - products-completed operations are subject to General Aggregate Limit. Additional insureds - City t 1 100.000 $ $ 100.00 Fully Earned Subline Premiums $ .00 $ 1,528.00 Total Advance Premium $ 1,528.00 i j d I FORMS AND ENDORSEMENTS The schedule of coverage declarations, forms and endorsements shown on S1 D-ILS make up your policy as of the effective date shown above. THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS,IF APPLICABLE,TOGETHER WITH THE COMMON POLICY CONDITIONS,COVERAGE FORM{S}AND FORMS AND ENDORSEMENTS,IF ANY,ISSUED TO FORM A PART THEREOF,COMPLETE THE ABOVE NUMBERED POLICY, S258 4D-CG (9/07) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 2 t When used as a premium base: a The value of special rewards for individual invention or "Area"(premium basis symbol a)means: discovery; The total number of square feet of floor space at the insured premises, d. Dismissal or severance payments except for time worked or computed as follows: accrued vacation; 1. For entire buildings, by multiplying the product of the horizontal e. The payroll of clerical office employees. Clerical office dimensions of the outside o the outer building walls by the employees are those employees who work in an area which Is number of floors, including basements but do not use the area of physically separated by walls,floors or partitions from all other i the following: work areas of the Insured and whose duties are strictly limited a. Courts and mezzanine types of floor openings. to keeping the Insured's books or records or conducting Ill Portions of basements or floors where 50%or more of the area correspondence including any other employees engaged in t Is used for shop or storage for building maintenance,dwelling clerical work in the same area; by building maintenance employees, heating units, power f. The payroll of salesmen, collectors or messengers who work plants or air-conditioning equipment. principally away from the insured's premises. 2. For tenants,determine the area they occupy in the same manner as Salesmen, collectors or messengers are those employees for the entire buildings. enggaged principally In any such duties away from the premises 3. The rates apply per 1,000 square feet of area. of fhe employer; Total Cost"(premium basis symbol c)means: Exception: This term does not apply to any employee whose The total cost of all work let or sublet in connection with each specific duties include the delivery of any merchandise handfed,treated project including: or sold. 1. The cost of all labor, materials and equipment furnished, used or g. The payroll of drivers and their helpers if their principal duties delivered for use in the execution of the work, however, do not are to work on or In connection with automobiles. Include the cost of finished equipment installed but not furnished h. The payroll of aircraft pilots or co-pilots if their principal dutles by the subcontractor if the subcontractor does no other work on or are to work on or in connection with aircraft in either capacity. In connection with such equipment;and I, The payroll of draftsmen if their duties are limited to office 2. All fees,bonuses or commissions made,paid or due. work only and who are engaged strictly as draftsmen In such a 3. The rates apply per$1,000 of total cost. manner that they are not exposed to the operative hazards of Admissions"(premlum basis symbol m)means: the business. The payroll of these draftsmen shall be assigned The total nurn or of persons, other than employees of the named to the classification"[draftsmen"- Code 91805, insured, admitted to the event Insured or to events conducted on the 17.Overtime premises whether on paid admissions,tickets, complimentary tickets a. Definition or passes. Overtime means those hours worked for which there is an The rates apply.per 1,000 admissions. increase in the rate of pay: Payroll"(premium basis symbol p)means: (1) For work In any day or in any week in excess of the 1. Commissions; number of hours normally worked;or 1 2. Bonuses; (2) For hours worked in excess of 8 hours in any day or 40 3. Extra pay for overtime work,except as provided in Paragraph 17; hours in any week;or 4. Pay for holidays,vacations or periods of sickness; (3) For work on Saturdays Sundays or holidays, 5. Payment by an employer of amounts otherwise required by law to fn the case of guaranteed wage agreements, overtime means be p aid by employees to statutory insurance or pension plans,such only those hours worked in excess of the number specified in as the Federal Social Security Act; such agreement, 6. Payment to employees on any basis other than time worked,such b. Exclusion Of Overtime Payroll i as piecework,profit sharing or Incentive plans; The extra pay for overtime shall be excluded from the payroll 7. Payment or allowance for hand tools or power tools used by hand on which premium is computed as Indicated in (1) or (2), provided by employees and used In their work or operations to the provided the insured's books and records are maintained to Insured; show overtime pay separately by employee and In summary by S. The rental value of an apartment or a house provided for an classification. employee based on comparable accommodations; (1) If the records show separately the extra pay earned for i 9. The value of lodging, other than an apartment or house, received overtime,the entire extra pay shall be excluded. by employees as part of their pay, to the extent shown on the (2) If the records show the total pay earned for overtime Insureds records; (regular pay plus overtime pay) in one combined amount, 10.The value of meals received b employees as part of their pay to 11 of this total pay shall be excluded. If double time is the extent shown In the insured's records; paid for overtime and the total pay for such overtime Is 11.The value of store certificates, merchandise, credits or any other recorded separately, 112 of the total pay for double time substitute for money received by employees as part of their pay; shall be excluded. 12.The payroll at mobile equipment operators and their helpers, Exclusion of overtime pay does not apply to payroll assigned to whether or not the operators are designated or licensed to operate the"Stevedoring"classifications. automobiles. If the operators and their helpers are provided to the The rates apply per$1,000 of payroll, i insured aloe with equipment hired under contract and their actual "Gross Sales"(premium basis symbol s)meads: payroll is not known, use 113 of the total amount paid out by the a. The gross amount charged by the named insured, Insured for the hire of the equipment; concessionaires of the named Insured or by others trading 13.The payroll of executive officers of a corporation and individual under the insured's name for; i insureds and co-partners. For the purposes of payroll All goods or products sold or distributed; i determination, managers of limited liability companies shall be 11321 Operations performot during the policy peri od; considered executive officers and members of limited liability Rentals;and companies shall be considered co-partners. 4 Dues and fees. 1 The executive officers of a corporation are those persons holding b. Inclusions 9 any of the officer positions created by the named insured's charter, The following Items shall not be deducted from gross sales: constitution or by'laws or any other similar governing document. 1 Fore!gn exchange discounts; The payroll of all executive officers of a corporation and individual Freight allowance to customers; Insureds or co-partners engaged principally In clerical operations or 3 Total sales of consigned goods and warehouse recoipts;as salespersons,and officers and co-partners who are inactive for 4 Trade or cash discounts; the entire policy period, shall not be included for premlum 5 Bad debts;and purposes. 162 Repossession of Items sold or Installments (amount 'I For part-time or seasonal businesses the payroll amounts may be actually collected). j reduced by 2 percent for each full calendar week in excess of c. Exclusions twelve during which the risk performs no operations. The following items shall be deducted from gross sales: 14.The payroll of leased workers furnished to the named Insured by a (1) Sales or excise taxes which are collected and submitted 10 lobar leasing firm. Premium on such payroll shall be based on the a governmental division; classifications and rates which would have applied If the leased (2) Credits for repossessed merchandise and products !� workers had been the direct employees of the named insured. If returned,Allowances for damaged and spoiled goods; payroll is unavailable, use 100% of the total cost of the contract 3 Finance charges for items sold on installments; for leased workers as the payroll of leased workers.The premium (4) Freight charges on sales if freight is charged as a separate I shall be charged on that amount as payroll. Item on customer's invoice; If investigation of a specific employee leasing contract discloses (5) Royalty Income from patent rights or copyrights which are that a definite amount of the contract price represents payroll,such not product sales;and amount shall be considered payroll for premium computation +L6) Rental receipts from products liability coverage only, purposes, d. he rates apply per$1,000 of gross sales. 15.Fees paid to employment agencies for temporary personnel Units"(premium basis symbol u)means: provided to the insured A single room or group of rooms Intended for occupancy as 16.Payroll does not include: separate living quarters by a family, by a group of unrelated a. Tips and other gratuities received by employees; persons living together, or by a person living alone. The rates Ill Payments by an employer to group Insurance or group pension apply per each unit r pplans for employees other than payments coveredby Paragraph 5.above. Premium basis symbol t means: Refer to classification description. I f S2884D-CG(9107) Includes copyrighted material of Insurance Services Office,Inc„with its permission. Page 2 of 2 4 r i COMMERCIAL GENERAL LIABILITY CG 00 01 12 07 COMMERCIAL GENERAL LIABILITY COVERAGE FORM I Various provisions in this policy restrict coverage. dead (3)Prior to the policy period, no insured listed the entire policy carefully to determine rights, duties and under Paragraph 1. of Section li - Who Is An what is and is not covered_ Insured and no"employee"authorized by you to give or receive notice of an "occurrence" or Throughout this policy the words "you"and "your" refer to claim, knew that the "bodily injury" or "property the Named Insured shown in the Declarations, and any damage" had occurred, in whole or in part. If other person or organization qualifying as a Named such a listed insured or authorized "employee" Insured under this policy. The words "we", "us" and "our" knew, prior to the policy period,that the "bodily refer to the company providing this insurance. injury"or"property damage"occurred, then any continuation, change or resumption of such The word "insured" means any person or organization "bodily Injury" or "property damage" during or qualifying as such under Section II -Who Is An Insured. after the policy period will be deemed to have been known prior to the policy period. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V- Definitions. c. "Bodily injury" or "property damage" which occurs during the policy period and was not,,prior to the SECTION I- COVERAGES policy period, known to have occurred by any insured listed under Paragraph 1. of Section Il - COVERAGE A BODILY INJURY AND PROPERTY Who is An Insured or any"employee" authorized by DAMAGE LIABILITY you to give or receive notice of an "occurrence" or claim, includes any continuation, change or 1. Insuring Agreement resumption of that "bodily injury" or "property damage" after the end of the policy period. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of d. "Bodily injury"or"property damage"will be deemed "bodily injury" or "property damage" to which this to have been known to have occurred at the ? insurance applies. We will have the right and duty earliest time when any insured listed under to defend the insured against any "suit" seeking Paragraph 1. of Section II - Who Is An Insured or j those damages. However, we will have no duty to an " authorized b y "employee"ee p y y you to give or ; defend the insured against any "suit" seeking receive notice of an "occurrence" or claim: damages for"bodily injury"or"property damage"to which this insurance does not apply. We may, at k (1)Reports all, or any part, of the "bodily injury" or our discretion, investigate any "occurrence" and "property damage"to us or any other insurer; settle any claim or"suit"that may result. But: (2)Receives a written or verbal demand or claim (1)The amount we will pay for damages is limited for damages because of the "bodily injury" or as described in Section III-Limits Of Insurance; " 1 property damage"; or and i (3)Becomes aware by any other means that (2)Our right and duty to defend ends when we "bodily injury" or "property damage" has ' { have used up the applicable limit of insurance in occurred or has begun to occur. the payment of judgments or settlements under Coverages A or B or .rnedical expenses under e. Damages because of "bodily injury" include Coverage C. damages claimed by any person or organization for care, loss of services or death resulting at any Q No other obligation or liability to pay sums or time from the "bodily injury". perform acts or services is covered unless explicitly provided for under Supplementary Payments - 2. Exclusions Coverages A and B. This insurance does not apply to: b. This insurance applies to "bodily injury" and "property damage" only if: a. Expected Or Intended Injury f (1)7he "bodily injury" or "property damage" is "Bodily injury" or "property damage" expected or j caused by an 'occurrence" that takes place In intended from the standpoint of the insured. This I the "coverage territory"; exclusion does not apply to "bodily Injury"resulting from the use of reasonable force to protect persons (2)The"bodily injury" or"property damage"occurs or property. during the policy period;and r I CG 00 01 12 07 Copyright, ISO Properties, Inc„2006 Pagel of 15 a t { b. Contractual Liability (a)Employment by the Insured;or "Bodily injury" or "property damage" for which the (b)Performing duties related to the conduct of insured is obligated to pay damages by reason of the insured's business; or the assumption of liability in a contract or agreement. This exclusion does not apply to (2)The spouse, child, parent, brother or sister of 4 liability for damages: that "employee" as a consequence of Paragraph(1)above. i (1)That the insured would have In the absence of the contract or agreement; or This exclusion applies whether the insured may be liable as an employer or in any other capacity and (2)Assumed in a contract or agreement that Is an to any obligation to share damages with or repay "insured contract", provided the "bodily Injury" someone else who must pay damages because of or"property damage"occurs subsequent to the the injury. execution of the contract or agreement. Solely for the purposes of liability assumed in an This exclusion does not apply to liability assumed f "Insured contract", reasonable attorney fees and by the insured under an "insured contract". 1 necessary litigation expenses incurred by or for a party other than an insured are deemed to be f. Pollution damages because of"bodily injury"or"property damage", provided: (1)"Bodily injury" or"property damage" arising out of the actual, alleged or threatened d€scharge, (a)Liability to such party for, or for the cost of, dispersal, seepage, migration, release or that party's defense has also been assumed escape of"pollutants": in the same "insured contract";and (a)At or from any premises, site or location (b)Such attorney fees and litigation expenses which is or was at any time owned or • are for defense of that party against a civil or occupied by, or rented or loaned to, any alternative dispute resolution proceeding In insured_ However, this subparagraph does which damages to which this insurance not apply to: applies are alleged. (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, c. Liquor Liability vapor or soot produced by or originating "Bodily Injury" or "property damage" for which any from equipment that Is used to heat, cool or dehumidify the building, or equipment insured may be held liable by reason of that is used to heat water for personal i use, by the building's occupants or their i (1)Causing or contributing to the intoxication of guests; any person; (11)"Bodily injury" or "property damage" for (2)The furnishing of alcoholic beverages to a which you may be held liable,If you are a person under the legal drinking age or under contractor and the owner or lessee of the influence of alcohol; or such premises, site or location has been 1 added to your policy as an additional i (3)Any statute, ordinance or regulation relating to insured with respect to your ongoing the sale, gift, distribution or use of alcoholic operations performed for that additional i beverages. insured at that premises, site or location and such premises,site or location is not This exclusion applies only if you are in the and never was owned or occupied by, or business of manufacturing, distributing, selling, rented or loaned to, any insured, other serving or furnishing alcoholic beverages. than additional Insured; or i d, Workers' Compensation And Similar Laws (€ii)"Bodily injury" or "property damage" f arising out of heat, smoke or fumes from Any obligation of the insured under a workers' a"hostile fire"; compensation, disability benefits or unemploy- ment compensation law or any similar law. (b)At or from any premises, site or location `I which is or was at any time used by or for e. Employer's Liability any Insured or others for the handling, { "Bodily injury"to: storage, disposal, processing or treatment ! of waste; ! (1)An "employee" of the insured arising out of and in the course of: t Page 2 of 15 Copyright, ISO Properties, Inc.,2006 CG 00 01 12 07 r i Y r (c)Which are or were at any time transported, (a)Request, demand, order or statutory or handled, stored, treated, disposed of, or regulatory requirement that any insured or processed as waste by or for; others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in k (i) Any insured;or any way respond to, or assess the effects of, (11)Any person or organization for whom you "pollutants";or may be legally responsible; or l (b)Claim or "suit" by or an behalf of a (d)AI or from any premises, site or location on governmental authority for damages which any insured or any contractors or because of testing for, monitoring, cleaning subcontractors working directly or indirectly up, removing, containing, treating, de- on any Insured's behalf are performing toxifying or neutralizing, or in any way operations if the "pollutants" are brought on responding to, or assessing the effects of, or to the premises, site or location in "pollutants". connection with such operations by such insured, contractor or subcontractor. How- However, this paragraph does not apply to ever,this subparagraph does not apply to: liability for damages because of "property damage" that the insured would have in the (1) "Bodily Injury" or "property damage" absence of such request, demand, order or arising out of the escape of fuels, statutory or regulatory requirement, or such lubricants or other operating fluids which claim or"suit" by or on behalf of a governmental are needed to perform the normal authority, electrical, hydraulic or mechanical functions necessary for the operation of g. Aircraft,Auto Or Watercraft "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids "Bodily Injury" or "property damage" arising out of escape from a vehicle part designed to the ownership, maintenance, use or entrustment to i hold, store or receive them. This others of any aircraft, "auto"or watercraft owned or exception does not apply if the "bodily operated by or rented or loaned to any insured. injury"or"property damage"arises out of Use includes operation and "loading or unloading". l the intentional discharge, dispersal or release of the fuels, lubricants or other This exclusion applies even If the claims against 'i t operating fluids, or if such fuels, any insured allege negligence or other wrongdoing lubricants or other operating fluids are In the supervision, hiring, employment, training or brought on or to the premises, site or monitoring of others by that insured, if the location with the Intent that they be "occurrence" which caused the "bodily injury" or discharged, dispersed or released as "property damage" involved the ownership, r part of the operations being performed maintenance, use or entrustment to others of any by such insured, contractor or aircraft, "auto" or watercraft that is owned or subcontractor; operated by or rented or loaned to any insured. t (11)"Bodily Injury" or "property damage" This exclusion does not apply to: sustained wfthin a building and caused by the release of gases, fumes or vapors (y)Awatercraft while ashore on premises you own r from materials brought into that building or rent; in connection with operations being r performed by you or on your behalf by a (2)A watercraft you do not own that is: contractor or subcontractor; or (a)Less than 26 feet long; and (iii)"Bodily injury" or "property damage" (b)Not being used to carry persons or property arising out of heat, smoke or fumes from !I i a"hostile fire". for a charge; i (e)At or from any premises, site or location on (3)Parking an "auto" an, or on the ways next to, which any insured or any contractors or premises you own or rent, provided the"auto"is ! subcontractors working directly or indlrectly not owned by or rented or loaned to you or the on any insured's behalf are performing Insured; I. operations if the operations are to test for, monitor, clean up, remove, contain, treat, (4)Liability assumed under any "insured contract' { detoxify or neutralize,or in any way respond for the ownership, maintenance or use of a to,or assess the effects of,"pollutants". aircraft or watercraft-,or t (2)Any loss, cost or expense arising out of any: (5)"Bodily injury" or"property damage" arising out of: r r ' CO 00 01 12 07 Copyright, ISO Properties, Inc.,2006 Page 3 of 15 i I (a)The operation of machinery or equipment (5)That particular part of real property on which ' that is attached to, or part of, a land vehicle you or any contractors or subcontractors that would qualify under the definition of working directly or Indirectly on your behalf are "mobile equipment" if it were not subject to a performing operations, if the "property damage" i compulsory or financial responsibility law or arises out of those operations; or other motor vehicle insurance law in the i state where it Is licensed or principally (6)That particular part of any property that must be i garaged;or restored, repaired or replaced because "your work"was incorrectly performed on it. (b)The operation of any of the machinery or 4 equipment listed in Paragraph f.(2)or f.(3)of Paragraphs(1), (3) and(4)of this exclusion do not i the definition of"mobile equipment". apply to "property damage" (other than damage by i fire) to premises, including the contents of such l h. Mobile Equipment premises, rented to you for a period of 7 or fewer { consecutive days.A separate rate limit of insurance "Bodily injury" or"property damage"arising out of: applies to Damage To Premises Rented To You as described in Section III- Limits Of Insurance. (1)The transportation of "mobile equipment" by an "auto" owned or operated by or rented or Paragraph (2) of this exclusion does not apply if loaned to any insured; or the premises are "your work" and were never (2)The use of "mobile equipment" in, or while In occupied, rented or held for rental by you. I practice for, or while being prepared for, any prearranged racing, speed, demolition, or Paragraphs(3),(4),(5)and (6)of this exclusion do stunting activity. not apply to liability assumed under a sidetrack agreement. 1. War Paragraph (6) of this exclusion does not apply to "Bodily injury" or "property damage", however "property damage" included in the "products- i caused, arising, directly or indirectly, out of: completed operations hazard". (1)War, including undeclared or civil war; k. Damage To Your Product a (2)Warlike action by a military force, including "Property damage" to"your product" arising out of action in hindering or defending against an it or any part of it. actual or expected attack, by any government, 1 sovereign or other authority using military 1. Damage To Your Work personnel or other agents;or I "Property damage"to"your work"arising out of it or (3)Insurrection, rebellion, revolution, usurped any part of it and included in the "products- I power, or action taken by governmental completed operations hazard". l authority in hindering or defending against any This exclusion does not apply if the damaged work of these. or the work out of which the damage arises was I Damage To Property performed on your behalf by a sub-contractor. j. i "Property damage"to: m.Damage To impaired Property Or Property Not i Physically Injured (1)Property you own, rent, or occupy, including any costs or expenses incurred by you, or any "Property damage" to "impaired property" or 4 4 other person, organization or entity, for repair, property that has not been physically injured, replacement, enhancement, restoration or arising out of: c maintenance of such .property for any reason, ! A defect, deficiency, inadequacy or dangerous including prevention of injury to a person or ( ) Y, q y g i damage to another's property; condition in "your product"or"your work"; or t (2)Premises you sell, give away or abandon, if the (2)A delay or failure by you or anyone acting an "property damage" arises out of any part of your behalf to perform a contract or agreement those premises; in accordance with its terms. (3)Property loaned to you; This exclusion does not apply to the loss of use of other property arising out of sudden and accidental (4)Personal property in the care, custody or physical injury to "your product" or "your work" control of the insured; after it has been put to its intended use. i i Page 4 of 15 Copyright, ISO Properties, Inc.,2006 CC 00 01 12 OT 4 i t i n. Recall Of Products,Work Or Impaired Property COVERAGE B PERSONAL AND ADVERTISING INJURY i• LIABILITY (Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, 1. Insuring Agreement y withdrawal, recall, inspection, repair, replace- ment, adjustment, removal or disposal of: a. We will pay those sums that the insured becomes legally obligated to pay as damages because of (1)"Your product"; "personal and advertising injury" to which this i insurance applies. We will have the right and duty E (2)"Your work"; or to defend the insured against any "suit" seeking I j (3)"Impaired property"; those damages. However, we will have no duty to I defend the insured against any "suit" seeking if such product, work, or property is withdrawn or damages for "personal and advertising injury" to recalled from the market or from use by any person which this insurance does not apply. We may, at or organization because of a known or suspected our discretion, Investigate any offense and settle defect, deficiency, inadequacy or dangerous any claim or"suit"that may result. But: condition in.it. (1)The amount we will pay for damages is limited I o. Personal And Advertising Injury as described In Section ill - Limits Of Insurance; and "Bodily injury" arising out of "personal and advertising injury". (2)Our right and duty to defend end when we have used up the applicable limit of insurance in the p. Electronic.Data payment of judgments or settlements under ! Damages arising out of the loss of, loss of use of, Coverages A or B or medical expenses under Coverage C. damage to, corruption of, Inability to access, or inability to manipulate electronic data. No other obligation or liability to pay sums or t As used in this exclusion, electronic data means perform acts or services is covered unless explicitly information, facts or programs scored as or on, provided for under Supplementary Payments created or used on, or transmitted to or from CoveragesA and B. computer software, Including systems and II b- This insurance applies to "personal and advertising applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processlrg injury" caused by an offense arising out of your business but only if the offense was committed to devices or any other media which are used with the "coverage territory"during the policy period, p electronically controlled equipment. q. Distribution Of Material In Violation Of Statutes 2• Exclusions "Bodily injury" or"property damage"arising directly This insurance does not apply to: y or indirectly out of any action or omission that a. Knowing Violation Of Flights Of Another ; violates or is alleged to violate: ; t (I)The Telephone Consumer Protection Act "Personal and advertising injury" caused by or at (TCPA), including any amendment of or the direction of the insured with the knowledge that i addition to such law; or the act would violate the rights of another and would inflict"personal and advertising Injury." I (2)7he CAN SPAM Act of 2003, including any b. Material Published With Knowledge Of Falsity amendment of or addition to such law; or i "Personal and advertising Injury" arising out of oral (3)Any statute,ordinance or regulation, other than or written publication of material, if done by or at y TCPA or CAN-SPAM Act of 2003, that prohibits s the direction of the insured with knowledge of its I or limits the sending, transmitting, commun- falsity. k icating or distribution of material or Information. 1 y Exclusions c. through n. do not apply to damage by c. Material Published Prior To Policy Period � fire to premises while rented to you or temporarily a � occupied by you with permission of the owner. A "Personal and advertising injury" arising out of the � oral or written publication of material whose first separate limit of insurance applies to this coverage as publication took place before the beginning of the described in Section III- Limits Of Insurance. policy period. i I CG 00 01 12 07 Copyright, ISO Properties, Inc.,2006 Page 5 of 15 r i d. Criminal Acts For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or "Personal and advertising injury" arising out of a others anywhere on the Internet, is not by itself, criminal act committed by or at the direction of any considered the business of advertising, broad- insured. casting, publishing or telecasting, e. Contractual Liability k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising Injury" for which the "Personal and advertising injury" arising out of an insured has assumed liability In a contract or electronic chatroom or bulletin board the Insured agreement. This exclusion does not apply to hosts, owns, or over which the insured exercises i liability for damages that the insured would have in control. the absence of the contract or agreement. I. Unauthorized Use Of Another's Name Or I f. Breach Of Contract Product "Personal and advertising injury" arising out of "Personal and advertising injury" arising out of the breach of contract, except an implied contract to unauthorized use of another's name or product in use another's advertising idea in your "advertise- your a-mall address, domain name or metatag, or meet". any other similar tactics to mislead another's potential customers. g. Duality Or Performance Of Goods - Failure To Conform To Statements m. Pollution "Personal and advertising injury" arising out of the "Personal and advertising injury" arising out of the i failure of goods, products or services to conform actual, alleged or threatened discharge, dispersal, with any statement of quality or performance made seepage, migration, release or escape of ` in your"advertisement". "pollutants"at any time. 1 j In. Wrong Description Of Prices n. Pollution-Related l I! "Personal and advertising injury" arising out of the Any loss, cost or expense arising out of any: wrong description of the price of goods, products or services stated in your"advertisement". (1)Request, demand or order or statutory or k ' regulatory requirement that any insured or I. Infringement Of Copyright,Patent, Trademark or others test for, monitor, clean up, remove, I. Trade Secret contain, treat, detoxify or neutralize, or in any M, i way respond to, or assess the effects of, u "Personal and advertising injury" arising out of the "pollutants"; or 1 Infringement of copyright, patent, trademark, trade secret or other intellectual property rights_ Under (2)Claim or suit by or on behalf of a governmental i this exclusion, such other intellectual property authority for damages because of testing for, rights do not include the use of another's monitoring, cleaning up, removing, containing, ' advertising idea in your"advertisement". treating, detoxifying or neutralizing, or in any i way responding to, or assessing the effects of, However, this exclusion does not apply to "pollutants". r infringement, in your "advertisement",of copyright, trade dress or slogan. o. War I j. Insureds In Media And Internet Type Businesses "Personal and advertising injury", however caused, arising,directly or indirectly, out of: "Personal and advertising injury" committed by an insured whose business is: (1)War, including undeclared or civil war; I I ()Advertising, broadcasting, publishing or (2)Warlike action by a military force, including i telecasting; action in hindering or defending against an actual or expected attack, by any government, (2)Designing or determining content of web-sites sovereign or other authority using military r for others;or personnel or other agents; or (3)An Internet search, access, content or service (3)Insurrection, rebellion, revolution, usurped provider. � power, or action taken by governmental However, this exclusion does not apply to authority in hindering or defending against any { Paragraphs 14.a., b. and c. of "personal and of these. advertising injury" under the Definitions Section. I Page a of 15 Copyright, ISO Properties, Inc.,2006 CG 00 01 12 07 r l p. Distribution Of Material In Violation Of Statutes b. Hired Person i "Personal and advertising injury"arising directly or To a person hired to do work for or on behalf of any indirectly out of any action or omission that violates Insured or a.tenant of any insured. or is alleged to violate: o. Injury on Normally Occupied Premises (1)The Telephone Consumer Protection Act (TCPA), including any amendment of or To a person injured on that part of premises you a addition to such law; or own or rent that the person normally occupies. (2)The CAN-SPAM Act of 2003, including any d. Workers Compensation And Similar Laws amendment of or addition to such law; or To a person, whether or not an "employee" of any (3)Any statute,ordinance or regulation, other than insured, If benefits for the "bodily injury" are TCPA or CAN-SPAM Act of 2003, that prohibits payable or must be provided under a workers' or limits the sending, transmitting, commun- compensation or disability benefits law or a similar icating or distribution of material or information, law. k i COVERAGE C MEDICAL PAYMENTS e, Athletics Activities i 1. Insuring Agreement To a person Injured while practicing, instructing or participating in any physical exercises or games, a. We will pay medical expenses as described belo%;v sports, or athletic contests. for"bodily injury"caused by an accident: f. Products-Completed Operations Hazards (1)On premises you own or rent; Included within the "products-completed oper- (2)On ways next to premises you own or rent;or ations hazard". �I s I (3)Because of your operations; g. Coverage A Exclusions I provided that: Excluded under Coverage A_ i (a)The accident takes place in the "coverage SUPPLEMENTARY PAYMENTS - COVERAGES A territory"and during the policy period; AND B (b) The expenses are incurred and reported to 1. We will pay, with respect to any claim we investigate or us within one year of the date of the settle,or any "suit" against an insured we defend: accident;and a. All expenses we incur. (c)The injured person submits to examination, at our expense, by physicians of our choice b. Up to$250 for cost of bail bonds required because as often as we reasonably require. of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury ` b. We will make these payments regardless of fault. Liability Coverage applies_ We do not have to These payments will not exceed the applicable limit furnish these bonds. ' .of insurance. We will pay reasonable expenses for: c- The cost of bonds to release attachments, but only (1)First aid administered at the time of an accident; for bond amounts within the applicable limit of F insurance. We do not have to furnish these bonds.. (2)Necessary medical, surgical, x-ray and dents! a services, including prosthetic devices; and d-All reasonable expenses incurred by the insured at our request to assist us in the investigation or (3)Necessary ambulance, hospital, professional defense of the claim or"suit", including actual loss nursing and funeral services, of earnings up to $250 a day because of time off from work. a i 2. Exclusions a e. All court costs taxed against the insured in the We will not pay expenses for"bodily injury": "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed a. Any Insured against the insured. To any insured,except "volunteer workers". m $ CC 00 01 12 07 Copyright, ISO Properties, Inc.,2006 Rage 7 of 15 F i f. Prejudgment Interest awarded against the Insured (2)Provides us with written authorization to: on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance,we will (a)Obtain records and other information related not pay any prejudgment interest based on that to the "suit"; and period of time after the offer. i (b)Conduct and control the defense of the g. All interest on the full amount of any judgment that indemnitee in such "suit". accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the So long as the above conditions are met, attorneys' part of the judgment that is within the applicable fees incurred by us in the defense of that indemnitee, limit of insurance. necessary litigation expenses incurred by us and necessary litigation expenses incurred by the These payments will not reduce the limits of insurance. indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the 2. If we defend an insured against a "suit" and an provisions of Paragraph 2.b.(2) of Section I - indemnitee of the Insured is also named as a party to Coverage A - Bodily Injury And Property Damage the "suit", we will defend that indemnitee if all of the Liability, such payments will not be deemed to be follow#ng conditions are met: damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of Our obligation to defend an insured's Indemnitee and the indemnitee in a contract or agreement that is an to pay for attorneys' fees and necessary litigation insured contract"; expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the b. This insurance applies to such liability assumed by payment of judgments or settlements or the conditions the insured; set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. c. The obligation to defend,or the cost of the defense of,that Indemnitee, has also been assumed by the SECTION II-WHO IS AN INSURED insured in the same "insured contract"; i 1. If you are designated in the Declarations as: d. The allegations in the "suit" and the information we know about the "occurrence" are such that no a. An individual, you and your spouse are insureds, conflict appears to exist between the interests of but only with respect to the conduct of a business the insured and the interests of the indemnitee; of which you are the sole owner. �I e. The indemnitee and the insured ask us to conduct b. A partnership or joint venture, you are an insured, and control the defense of that Indemnitee against Your members, your partners, and their spouses such "suit" and agree that we can assign the same are also insureds, but only with respect to the counsel to defend the insured and the indemnitee; conduct of your business. I and c. A Ilmlted Ilabillty company, you are an insured. a f. The indemnitee: Your members are also insureds, but only with 1 respect to the conduct of your business. Your ('1)Agrees in writing to: managers are insureds, but only with respect to their duties as your managers. (a)Cooperate with us in the investigation, settlement or defense of the "suit"; d. An organization other than a partnership, joint venture or limited liability company, you are an (b)Immediately send us copies of any insured. Your"executive officers" and directors are demands, notices, summonses or legal insureds, but only with respect to their duties as papers received in connection with the "suit"; your officers or directors. Your stockholders are also insureds, but only with respect to their liability (c)Notify any other Insurer whose coverage is as stockholders. available to the indemnitee; and e. A trust, you are an insured. Your trustees are also r (d)Cooperate with us with respect to Insureds, but only with respect to their duties as coordinating other applicable insurance trustees. i available to the Indemnitee;and t r Page 8 of 15 Copyright, ISO Properties, Inc.,2006 CO 00 01 12 07 r I 2. Each of the following is also an Insured: (7)With respect to liability arising out of the maintenance or use of that property;and a. Your "volunteer workers" only while performing duties related to the conduct of your business, or (2)Until your legal representative has been your "employees", other than either your appointed. "executive officers" (if you are an organization other than a partnership, joint venture or limited d. Your legal representative if you die, but only with liability company) or your managers (if you are a respect to duties as such. That representative will limited liability company), but only for acts within have all your rights and duties under this the scope of their employment by you or while Coverage Part. performing duties related to the conduct of your business. However, none of these"employees" or 3, Any organlzation you newly acquire or form, other "volunteer workers" are insureds for: than a partnership, joint venture or limited liability company,and over which you maintain ownership or (1)"Bodily injury" or "personal and advertising majority interest, will qualify as a Named Insured if injury": there is no other similar insurance available to that organization. However: (a)To you, to your partners or members (if you are a partnership or joint venture), to a. Coverage under this provision is afforded only your members (if you are a limited liability until the 90th day after you acquire or form the company), to a co-"employee" while in the organization or the end of the policy period, course of his or her employment or whichever is earlier; performing duties related to the conduct of your business, or to your other "volunteer b. Coverage A does not apply to "bodily injury" or ! workers"while performing duties related to "property damage" that occurred before you the conduct of your business; acquired or formed the organization; and (b)To the spouse, child, parent, brother or c. Coverage B does not apply to "personal and sister of that co-"employee" as a advertising injury" arising out of an offense consequence of Paragraph(1)(a)above; committed before you acquired or formed the organization. j (c)For which there is any obligation to share damages with or repay someone else who No person or organization Is an Insured with respect to must pay damages because of the injury the conduct of any current or past partnership, joint described in Paragraphs (7)(a) or (b) venture or limited liability company that is not shown as above; or a Named Insured In the Declarations. (d)Arising out of his or her providing or fail- SECTION III-LIMITS OF INSURANCE � ing to provide professional health care services. '1. The Limits of Insurance shown In the Declarations and the rules below fix the most we will pay (2)"Property damage"to property: regardless of the number of: (a)Owned, occupied or used by, a. Insureds; (b)Rented to, in the care, custody or control b. Claims made or"suits"brought;or of, or over which physical control is being c. Persons or organizations making claims or exercised for any purpose by bringing "suits". i i l you, any of your "employees", "volunteer 2. The Gereral Aggregate Limit is the most we will pay workers," an I y partner or member(if you area for the sum of: partnership or joint venture), or any member (if you are a limited (lability company). a. Medical expenses under Coverage C; b. Any person (other than your "employee" or "volunteer worker"), or any organization while b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" acting as your real estate manager. included in the "products-completed operations hazard";and c. Any person or organization having proper temporary custody of your property if you die, but c. Damages under Coverage B. only: CG 00 01 12 07 Copyright, ISO Properties, Inc.,2006 Page 9 of 15 t 3. The Products-Completed Operations Aggregate (1)How, when and where the "occurrence" or Limit is the most we will pay under Coverage A for offense took place; damages because of "bodily injury" and "property damage" Included in the "products-completed (2)The names and addresses of any injured I operations hazard". persons and witnesses;and 4. Subject to Paragraph 2. above, the Personal and (3)The nature and location of any injury or Advertising Injury Limit is the most we will pay under damage arising out of the "occurrence" or Coverage B for the sum of all damages because of offense. i all "personal and advertising injury" sustained by any one person or organization. b. If a claim is made or"suit" fs brought against any insured, you must; 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we (1)Immediately record the specifics of the claim i will pay for the sum of: or"suit" and the date received; and { a. Damages under Coverage A; and (2)Notify us as soon as practicable. jl �I Ill Medical expenses under Coverage C You most see to it that we receive written notice of the claim or"suit" as soon as practicable. d because of all "bodily injury" and "property damage" arising out of any one "occurrence". c. You and any other involved insured must: t w 6. Subject to Paragraph 5. above, the Damage To (1)Immediately send us copies of any demands, Premises Rented To You Limit is the most we will pay notices, summonses or legaE papers received under Coverage A for damages because of"property in connection with the claim or"suit"; damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you (2)Authorize us to obtain records and other I� or temporarily occupied by you with permission of Information; the owner. i (3)Cooperate with us in 'the investigation or 7. Subject to Paragraph S. above, the Medical Expense settlement of the claim or defense against the Limit is the most we will pay under Coverage C for all "suit";and medical expenses because of "bodily injury" sustained by any one person. (4)Assist us, upon our request, in the enforce- merit of any right against any person or The Limits of Insurance of this Coverage Part apply organization which may be liable to the separately to each consecutive annual period and to insured because of injury or damage to which a any remaining period of less than 12 months, starting this insurance may also apply. ` with the beginning of the policy period shown in the l Declarations, unless the policy period is extended after d. No insured will, except at that insured's own cost, Issuance for an additional period of less than 12 months. voluntarily make a payment, assume any j In that case,the additional period will be deemed part of obligation, or incur any expense, other than for ! the last preceding period for purposes of determining first aid,without our consent. II " the Limits of Insurance. " !� ! SECTION IV - COMMERCIAL GENERAL LIABILITY 3. Legal Action Against Us CONDITIONS No person or organization has a right under this u Coverage Part: 1. Bankruptcy 5 a. To join us as a party or otherwise bring us into a Bankruptcy or insolvency of the insured or of the "suit" asking for damages from an insured; or § insured's estate will not relieve us of our obligations 4 under this Coverage Part, b. To sue us on this Coverage Part unless all of its c f terms have been fully complied with. li 2. Duties In The Event Of Occurrence, Offense,Claim ( Or Suit A person or organization may sue us to recover on an agreed settlement or on a final judgment against i ' a. You must see to It that we are notified as soon as an insured; but we will not be liable for damages that practicable of an "occurrence" or an offense are not payable under the terms of this Coverage which may result in a claim. To the extent Part or that are in excess of the applicable limit of 1 i possible, notice should include: insurance. An agreed settlement means a settlement and release of liability signed by us, the Insured and the claimant or the claimant's legal representative. I ! Page 10 of 15 Copyright, ISO Properties, Inc.,2006 CG 00 01 12 07 4 I t i 4. Other Insurance (a)The total amount that all such other insurance would pay for the loss in the i If other valid and collectible insurance is available to absence of this insurance; and the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as (b)The total of all deductible and self-insured follows: amounts under all that other insurance. i a. Primary Insurance (4)We will share the remaining loss, if any, with any other Insurance that is not described in This insurance is primary except when Paragraph this Excess Insurance provision and was not b. below applies. If this insurance is primary, our bought specifically to apply in excess of the obligations are not affected unless any of the Limits of Insurance shown in the Declarations other insurance is also primary. Then, we will of this Coverage Part. share with all that other Insurance by the method described in Paragraph c.below. c. Method Of Sharing I �i N b. Excess insurance if all of the other insurance permits contribution by equal shares, we will follow this method also. ;r (1)This insurance is excess over: Under this approach each insurer contributes equal amounts until it has paid its applicable limit a (a)Any of the other insurance, whether of insurance or none of the loss remains, j primary, excess, contingent or on any whichever comes first. other basis: i If any of the other insurance does not permit (i) That is Fire, Extended Coverage, contribution by equal shares, we will contribute Builder's Risk, Installation Risk or by limits. Under this method, each insurer's share N similar coverage for"your work"; Is based on the ratio of Its applicable limit of insurance to the total applicable limits of (ii)That is Fire insurance for premises insurance of all insurers, rented to you or temporarily occupied i by you with permission of the owner; 5. Premium Audit (III)That is insurance purchased by you to a. We will compute all premiums for this Coverage cover your liability as a tenant for Part in accordance with our rules and rates. "property damage" to premises rented to you or temporarily occupied by you b. Premium shown in this Coverage Part as advance with permission of the owner;or premium is a deposit premium only. At the close l of each audit period we will compute the earned (iv)If the loss arises out of the maintenance premium for that period and send notice to the or use of aircraft, "autos" or watercraft first Named Insured. The due date for audit and to the extent not subject to Exclusion g. retrospective premiums is the date shown as the ' of Section 1-Coverage A- BodHy Injury due date of the bill. If the sum of the advance and I And Property Damage Liability, audit premiums paid for the policy period is greater than the earned premium, we will return (b)Any other primary insurance available to the excess to the first Named Insured. you covering liability for damages arising out of the premises or operations, or the c. The first Named Insured must keep records of the i products and completed operations, for information we need for premium computation, which you have been added as an and send us copies at such times as we may E additional insured by attachment of an request. endorsement. 6. Representations 1 (2)When this insurance is excess,we will have no duty under Coverages A or B to defend the By accepting this policy,you agree: insured against any "suit" If any other insurer has a duty to defend the insured against that a. The statements in the Declarations are accurate i "suit". If no other insurer defends, we will and complete; undertake to do 'so, but we will be entitled to the Insured's rights against all those other b. Those statements are based upon repre- insurers. sentations you made to us;and f (3)When this insurance is excess over other c. We have issued this policy In reliance upon your insurance, we will pay only our share of the representations. S amount of the loss, if any, that exceeds the sum of: I 1 CG 00 01 12 07 Copyright, 180 Properties, Inc.,2006 Page 11 of 15 l I 7. Separation Of Insureds 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death Except with respect to the Limits of Insurance, and resulting from any of these at any time. any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this 4. "Coverage territory" means: insurance applies: i a. The United States of America (Including its a. As If each Named Insured were the only Named territories and possessions), Puerto Rico and Insured;and Canada; I, b. Separately to each insured againstwhom claim is b. International waters or airspace, but only if the h made or"suit" is brought. Injury or damage occurs in the course of travel or transportation between any places included in a. Transfer Of Rights Of Recovery Against Others To Paragraph a. above;or Us N c. All other parts of the world if the injury or damage it If the insured has rights to recover all or part of any arises out of: j payment we have made under this Coverage Part, j those rights are transferred to us. The insured must (1)Goods or products made or sold by you in the d do nothing after loss to impair them. At our request, territory described in Paragraph a.above; the insured will bring "suit"or transfer those rights to us and help us enforce them. (2)The activities of a person whose home is in the territory described in Paragraph a.above, but is away for a short time on our business;or { 9. When We Do Not Renew Y Y ' If we decide not to renew this Coverage Part, we will (3)"Personal and advertising Injury" offenses that mail or deliver to the first Named Insured shown in take place through the Internet or similar !I I the Declarations written notice of the nonrenewal not electronic means of communication " less than 30 days before the expiration date. provided the insured's responsibility to pay damages If notice is mailed, proof of mailing will be sufficient is determined in a"suit" on the merits, In the territory proof of notice. described in Paragraph a. above or In a settlement we agree to, SECTION V- DEFINITIONS 5. "Employee" includes a "leased worker". "Employee" F 1. "Advertisement" means a notice that is broadcast or does not include a"temporary workei published to the general public or specific market ! segments about your goods, products or services 6. "Executive officer" means a person holding any of for the purposes of attracting customers or the officer positions created by your charter, ` supporters. For the purposes of this definition: constitution, by-laws or any other similar governing document. a. Notices that are published include material 1 i placed on the Internet or on similar electronic 7. "Hostile fire" means one which becomes y means of communication; and uncontrollable or breaks out from where it was i Intended to be. b. Regarding web-sites, only that part of a web-site that is about your goods, products or services for S. "Impaired property" means tangible property, other the purposes of attracting customers or than "your product" or "your work", that cannot be supporters is considered an advertisement. used or is less useful because: i 2. "Auto" means: a. It incorporates "your product" or "your work" that �I f is known or thought to be defective, deficient, j a. A land motor vehicle, trailer or semitrailer inadequate or dangerous; or designed for travel on public roads, Including any attached machinery or equipment; or b. You have failed to fulfill the terms of a contract or agreement; b. Any other land vehicle that is subject to a q compulsory or financial responsibility law or other if such property can be restored to use by the repair, motor vehicle insurance law in the state where it replacement, adjustment or removal of "your is licensed or principally garaged. product" or "your work" or your fulfilling the terms of the contract or agreement. However, "auto" does not include "mobile equipment". t 1 Page 12 of 15 Copyright, ISO Properties, Inc„2006 CQ 00 01 12 07 t ti [ i 9. "Insured contract"means: 14."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you a. A contract for a lease of premises. However, that and the labor leasing firm, to perform duties related portion of the contract for a lease of premises that to the conduct of your business. "Leased worker" [ indemnifies any person or organization for does not include a"temporary worker". damage by fire to premises while rented to you or �I temporarily occupied by you with permission of 11."Loading or unloading" means the handling of i the owner is not an "insured contract"; property: b. A sidetrack agreement; a. After it Is moved from the place where it is accepted for movement into or onto an .aircraft, c. Any easement or license agreement, except in watercraft or"auto"; connection with construction or demolition operations on or within 50 feet of a railroad; b. While it Is in or on an aircraft,watercraft or"auto"; or d. An obligation, as required by ordinance, to indemnify a municipality, except In connection c. While it is being moved from an aircraft, with work for a municipality; watercraft or "auto"to the place where it is finally delivered; e. An elevator maintenance agreement; but "loading or unloading" does not include the I� f. That part of any other contract or. agreement movement of property by means of a mechanical pertaining to your business (including an device, other than a hand truck, that Is not attached { indemnification of a municipality in connection to the aircraft,watercraft or"auto". with work performed for a municipality) under which you assume the tort liability of another 12."Mobile equipment" means any of the following types party to pay for "bodily injury" or "property of land vehicles,including any attached machinery damage" to a third person or organization. Tort or equipment: iiability means a liability that would be imposed by law in the absence of any contract or agreement. a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principaily off public Paragraph f. does not include that part of any roads; E contract or agreement: b.Vehicles maintained for use solely on or next to (1)That indemnifies a railroad for "bodily injury" premises you own or rent; or "property damage" arising out of con- struction or demolition operations, within 50 c. Vehicles that travel on crawler treads; i feet of any railroad property and affecting any y railroad bridge or trestle, tracks, road-beds, d. Vehicles, whether self-propelled or not, tunnel, underpass or crossing; mainta€ned primarily to provide mobility to permanently mounted: (2)That indemnifies an architect, engineer or f surveyor for injury or damage arising out of: (1)Power cranes, shovels, loaders, diggers or drills-,or (a)Preparing, approving, or failing to prepare or approve, maps, shop drawings, (2)Road construction or resurfacing equipment u opinions, reports, surveys, field orders, such as graders,scrapers or rollers; { i change orders or drawings and specifications; or e. Vehicles not described in Paragraph a., b., c, or r d. above that are not self-propolied and are (b)Giving directions or instructions, or failing maintained primarily to provide mobility to r to give them, if that is the primary cause of permanently attached equipment of the following the injury or damage;or types: j a [ (3).Under which the insured, If an architect, (1)Air compressors, pumps and generators, engineer or surveyor, assumes liability for an including spraying, welding,building cleaning, I injury or damage arising out of the Insured's geophysical exploration, light€ng and well rendering or failure to render professional servicing equipment;or [ services, including those listed in (2) above and supervisory, inspection, architectural or (2)Cherry pickers and similar devices used to engineering activities, raise or lower workers; s CG 00 01 12 07 Copyright, ISO Properties, Inc.,2006 Page 13 of 15 f t t i � I f. Vehicles not described In Paragraph a., b., c. or f. The use of another's advertising idea in your d. above maintained primarily for purposes other "advertisement";or than the transportation of persons or cargo. g. Infringing upon another's copyright, trade dress a However, self-propelled vehicles with the fol- or slogan in your"advertisement." lowing types of permanently attached equipment it are not "mobile equipment" but will be considered 15."Pollutants" mean any solid, liquid, gaseous or "autos": thermal irritant or contaminant, Including smoke, vapor, soot, fumes, acids, alkalis, chemicals and I (1)Equipment designed primarily for: waste. Waste includes materials to be recycled, reconditioned or reclaimed. (a)Snow removal, 16."Producis-completed operations hazard": (b)Road maintenance, but not construction or resurfacing; or a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent (c)Street cleaning; and arising out of "your product" or "your work" except: i (2)Cherry pickers and similar devices mounted { on automobile or truck chassis and used to (1)Products that are still In your physical raise or lower workers; and possession; or (3)Air compressors, pumps and generators, (2)Werk that has not yet been completed or 111j Including spraying, welding, building cleaning, abandoned. However, "your work" will be geophysical exploration, lighting and well deemed completed at the earliest of the servicing equipment, following times: 1 However, "mobile equipment" does not Include any (a)When all of the work called for in your land vehicles that are subject to a compulsory or contract has been completed. financial responsibility law or other motor vehicle p Y insurance law in the state where it is licensed or (b)When all of the work to be done at the job principally garaged. Land vehicles subject to a site has been completed If your contract compulsory or financial responsibility law or other calls for work at more than one job site, motor vehicle insurance law are considered "autos". (c)When that part of the work done at a job 13."Occurrence" means an accident, including site has been put to its intended use by any v continuous or repealed exposure to substantially the person or organization other than another I same general harmful conditions. contractor or subcontractor working on the same project. 14."Personal and advertising injury" means Injury, other than "bodily Injury", arising out of one or more of the Work that may need service, maintenance, following offenses correction, repair or replacement, but which is I otherwise complete, will be treated as � a. False arrest, detention or imprisonment; completed. b. Malicious prosecution; b. [Does not Include "bodily injury" or "property wrongful eviction from, wrongful entry damage" arising out of: c. The wron ry into g g , or i invasion of the right of private occupancy of a (1)The transportation of property, unless the room, dwelling or premises that a person Injury or damage arises out of a condition in or occupies, committed by or on behalf of its owner, on a vehicle not owned or operated by you, landlord or lessor; and that condition was created by the"loading or unloading" of that vehicle by any insured; j i d. Oral or written publication, in any manner, of it I material that slanders or libels a person or (2)The existence of tools, uninstalled equipment I organization or disparages a person's or organ- or abandoned or unused materials; or ization's goods, products or services; d (3)Products or operations for which the ? e. Oral or written publication, in any manner, of classification, listed In the Declarations or In a material that violates a person's right of privacy; policy schedule, states that products- completed operations are subject to the I General Aggregate Limit. I Page 14 of 15 Copyright, ISO Properties, Inc.,2006 CQ 00 01 12 07 i { { 17."Property damage" means: 21."Your product": a. Physical injury to tangible property, Including all a. Means: i resulting loss of use of that property.All such loss (y)Any goods or products, other than real of use shall be deemed to occur at the time of the physical Injury that caused It;or property, manufactured, sold, handled, distributed or disposed of by: j l b. Loss of use of tangible property that Is not physically injured. All such loss of use shall be (a)You; deemed to occur at the time of the "occurrence" that caused It. (b)Others trading under your name;or For the purposes of this insurance, electronic data is (c)A person or organization whose business not tangible property. or assets you have acquired;and As used in this definition, electronic data means (2)Containers (other than vehicles), materials, information, factors or programs stored as or on, parts or equipment furnished in connection created or used on, or transmitted to or from with such goods or products. computer software, including systems and appli- cations software, hard or floppy disks, CD-ROMS, b. Includes: tapes, drives, cells, data processing devices or any (1)Warranties or representations made at any other media which are used with electronically time with respect to the fitness, quality, controlled equipment. a, durability, performance or use of "your 18."Suit" means a civil proceeding In which damages product"; and because of "bodily injury", "property damage", (2)The providing of or failure to provide warnings ?, "personal and advertising injury" to which this or Instructions. { insurance applies are alleged_ "Suit" includes: c. Does not include vending machines or other a. An arbitration proceeding in which such damages property rented to or located for the use of others are claimed and to which the insured must submit but not sold. or does submit with our consent; or 22."Your work": b. Any other alternative dispute resolution proceeding in which such damages are claimed a. Means: and to which the insured submits with our consent. (1)Work or operations performed by you or on your behalf; and 19."Temporary worker" means a person who Is furnished to you to substitute for a permanent (2)Materials, parts or equipment furnished in "employee" on leave or to meet seasonal or connection with such work or operations. short-term workload conditions. { b. Includes: 20."Volunteer worker" means a person who Is not your .'employee," and who donates his or her work and (1)Warranties or representations made at any acts at the direction of and within the scope of duties time with respect to the fitness, quality, determined by you, and Is not paid a fee, salary or durability, performance or use of "your work"; other compensation by you or anyone else for their and 7 work performed for you. I (2)The providing of or failure to provide warnings a or instructions. I S � a { f f f I I ' CG 00 01 12 07 Copyright, ISO Properties, Inc.,2006 Page 15 of 15 i 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - CONTRACTUAL, LIABILITY "This endorsement is EFFECTIVE 09/07/2012 and Is part of Policy Number: WS 15 8 9 3 7 { "issued to:Craig West D3A Sunsets at Pier 60 Society i *Entry optional if shown in the Policy Declarations. If no entry is shown, the effective date of the endorsement Is the same as the effective date of the policy. This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to any damages resulting from the: 1. Sole negligence of the indemnitee;or b 2. Ownership, operation,chartering, renting, maintenance, use, or entrustment to others of any aircraft; because of"bodily injury," "property damage,"or"personal and advertising injury"arising out of any liability assumed under any"insured contract." VIII ti i r r i C I f Authorized Representaiive r 1 S19-0G(6/99) f THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. j TOTAL POLLUTION EXCLUSION WITH EXCEPTIONS FOR BUILDING HEATING, COOLING OR 4 DEHUMIDIFYING EQUIPMENT AND HOSTILE FIRE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS A. The following replaces Exclusion f., Pollution, In Paragraph 2.of SECTION I-COVERAGES-COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE LIABILITY: f. Pollution 1, "Bodily injury" or "property damage" arising out of the actual,al#eged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants". This exclusion does not apply to: i a. "Bodily injury"If sustained within a building which is or was at any time owned or occupied by, or rented or loaned to, any insured and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or produced by or originating from equipment that is used to heat water for personal use by the building's occupants or their guests; i b. "Bodily injury"or"property damage"arising out of heat, smoke or fumes from a "hostile fire" unless that "hostile fire"occurred or originated: (1)At any premises, site or location which is or was at any time used by or for any Insured or others for the handling, storage, disposal, processing or treatment of waste;or (2)At any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are or were at any time performing operations to test for, monitor, clean up, remove, contain, treat,detoxify or neutralize, or in anyway respond to,or assess the effects of, "pollutants". 2. Any loss, cost or expense arising out of any: :i a. Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove,contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, ' "pollutants";or b. Claim or"suit" by or on behalf of a government authority or others because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants." e s B. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I- COVERAGES-COVERAGE ! A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: j i Exclusions c. through e. and g.through n.do not apply to damage by fire to premises while rented to you or temporarily occupied by you With permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. I I S42-CG(2109) Includes copyrighted material of Insurance Services Office,Inc.,with its permission, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMBINATION ENDORSEMENT BODILY INJURY AND PROPERTY DAMAGE LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS A. AMENDMENT OF EXCLUSIONS p 1. EXCLUSION-DATA The following replaces Exclusion p.,Electronic Data, in Paragraph 2. of SECTION 1-COVERAGES- COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY= i p. Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access or inability to manipulate data, including information, facts or programs in any electronic or other format. 2. EXCLUSION-UNSOLICITED COMMUNICATION The following replaces Exclusion q., Distribution Of Material In Violation Of Statutes, in Paragraph 2.of SECTION I-COVERAGES-COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: �E q. Unsolicited Communication "Bodily Injury" or"property damage" arising out of any actual or alleged violation of any law that restricts or prohibits the sending, transmitting or distributing of"unsolicited communication". 3. EXCLUSION-AIRCRAFT PRODUCTS AND GROUNDING I� The following exclusion is added to Paragraph 2.,Exclusions, of SECTION l-COVERAGES-COVERAGE.A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Aircraft Products and Grounding "Bodily injury"or"property damage" included in the "products-completed operations hazard" and arising out of any "aircraft product'or the "grounding" of any aircraft. n I 4. EXCLUSION-ASBESTOS OR SILICA ti The following exclusion is added to Paragraph 2., Exclusions, of SECTION I-COVERAGES-COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: r Asbestos or Silica "Bodily injury"or"property damage" arising out of the actual or alleged presence or actual, alleged or threatened discharge, dispersal, emission, release, escape, handling, contact with, exposure to or inhalation or respiration of: r (1)Asbestos, asbestos fibers or products containing asbestos, provided that the "bodily injury" or "property = damage" is caused, or contributed to, by the hazardous properties of asbestos; or '• (2)Silica or products or substances contalning silica. f 0 2011 The Travelers Indemnity Company. All rights reserved. r 5267-CG(slit) Includes copyrighted material of Insurance Services Office, Inc.,With its permission. Page 1 M7 t i S. EXCLUSION -DISCRIMINATION { The following exclusion Is added to Paragraph 2., Exclusions, of SECTION I-COVERAGES-COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Discrimination r . "Bodily injury" arising out of discrimination, whether intentional or unintentional, based upon a person's sex, sexual orientation, marital status, race, creed, religion, national origin, age,physical capablillies, characteristics or i condition, or mental capabilities or condition. 6. EXCLUSION-EMPLOYMENT-RELATED PRACTICES The following exclusion is added to Paragraph 2., Exclusions, of SECTION I-COVERAGES-COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Employment-Related Practices "Bodily injury"to: i (1)A person, other than an"independent contractor", arising out of any: I (a)Refusal to employ that person; (b)Termination of that person's employment or"temporary worker" status; or (c)Other practice, policy,act or omission related to that person's employment or"temporary worker"status, i such as coercion, demotion, evaluation, reassignment, discipline, harassment, humiliation,discrimination, I libel,slander,violation of the person's right of privacy, malicious prosecution or false arrest,detention or imprisonment, regardless of whether such practice, policy, act or omission occurs, is applied or is committed before, during or after the time of that person's employment or'temporary worker"status; or (2)The spouse, child, parent, brother, sister, domestic partner or member of the household of that person as a consequence of"bodily injury"described in Paragraph(1)above. This exclusion applies: (1)Whether the Insured may be held liable as an employer or In any other capacity; and r (2)Whether the insured may have any obligation to share damages with or repay someone else who must pay damages because of the Injury. If! 7. EXCLUSION-FUNGI OR BACTERIA ` The following exclusion is added to Paragraph 2., Exclusions, of SECTION I- COVERAGES-COVERAGE A a BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 6 Fungi or Bacteria l (1)"Bodily injury" or"property damage" arising out of the actual,alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of,or presence of any "fungi"or bacteria on or within a building or { structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or In any sequence to the "bodily injury" or"property damage". I (2)Any loss, cost or expense arising out of the abating, testing for, monitoring,cleaning up, removing, containing, treating,detoxifying, neutralizing, remediating or disposing of,or in any way responding to, or assessing the i effects of, "fungi" or bacteria, by any Insured or by any other person or entity. This exclusion does not apply to any "fungi"or bacteria that are,are on, or are contained in, a good or product I intended for bodily consumption. { { ®2011 The Travelers Indemnity Company. All rights reserved. i 5267-CG(9/11) Includes copyrighted material of Insurance Services Office,Inc.,with its permission.. Page 2 of 7 { { 8. EXCLUSION- LEAD The following exclusion is added to Paragraph 2., Exclusions, of SECTION I-COVERAGES-COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Lead d 1 (1)"Bodlly injury"or"pro.perty damage"arising out of the actual or alleged presence or actual, alleged or threatened dispersal, release, ingestion, inhalation or absorption of lead, lead compounds or lead which is or was contained or incorporated into any material or substance. (2)Any loss,cost or expense arising out of any request, order or requirement to abate, mitigate, remedlate, contain, remove or dispose of lead, lead compounds or materials or substances containing lead- I 9.. EXCLUSION -VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS The following exclusion is added to Paragraph 2.,Exclusions, of SECTION I-COVERAGES-COVERAGE A f BODILY INJURY AND PROPERTY DAMAGE LIABILITY: c 'i Violation of Consumer Financial Protection Laws "Bodily Injury"or"property damage",arising out of any actual or alleged violation of a "consumer financial i protection law", or any other"bodily Injury"or"property damage"alleged in any claim or"suit"that also alleges I any such violation. i B. AMENDMENT OF LIMITS OF INSURANCE- NONCUMULATION OF LIMITS l� The following replaces Paragraph S. of SECTION III- LIMITS OF INSURANCE: i 5. Subject to Paragraph 2.or 3. above, whichever applies,the Each Occurrence Limit is the most we will pay for the v sum of all: a. Damages under Coverage A because of all "bodily injury" and "property damage"; and I� b. Medical expenses under Coverage C because of all "bodily injury"; arising out of any one"occurrence". I I 1 Noncumulation of Each Occurrence Limit- If any one "occurrence" causes: I I a. "Bodily Injury"or"property damage" to which this insurance applies;and b. "Bodily injury" or "property damage"to which commercial general liability coverage included In one or more prior or future policies issued to you by us, or any of our affiliated Insurance companies, applies; f this policy's Each Occurrence Limit applicable to that "occurrence"also will be reduced by the amount of each payment made because of the "bodily injury"or"property damage"described in Paragraph b.above by us or any i of our affiliated Insurance companies under, and within the applicable limit of insurance of, each such other policy- I I C. AMENDMENT OF CONDITIONS-OTHER INSURANCE a + 1. The following replaces the part of the first paragraph of Paragraph 4.,Other Insurance,of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS that precedes Paragraph a.: 1 If valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of a this Coverage Part,our obligations are limited as described In Paragraphs a. and b,below. f I I i i @ 2011 The Travelers Indemnity Company. All rights reserved. 5267-CG(9111) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 7 i I i i As used anywhere in this Coverage Part, other Insurance means insurance, or the funding of losses,that is provided by, through or on behalf of: (I) Another insurance company; (if) Us or any of our affiliated insurance companies, except when the Noncumulation of Each Occurrence Limit provision of Paragraph 5.of Section III- Limits Of Insurance applies or when the Noncumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of section III-Limits of Insurance applies if that provision is part of this policy; 1 i (iii) Any risk retention group; (Iv) Any self-insurance method or program, including any failure to buy insurance, or decisicn to not buy insurance, for any reason, in which case the insured will be deemed to be the provider of other insurance;or (v)Any similar risk transfer or risk management method. Other insurance does not Include umbrella insurance, or excess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage Part. i 2. The following replaces Paragraph 4.11b., Excess Insurance,of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: ' I I b. Excess Insurance ;I J This insurance is excess over any of the other insurance,whether primary, excess,contingent or on any other i basis: i i (1)That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for"your work"; (2)That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (s)That Is insurance purchased by you to cover your liability as a tenant for"property damage"to premises rented to you or temporarily occupied by you with permission of the owner; (4)If the loss arises out of the ownership, maintenance, use or entrustment to others of any aircraft,"auto"or i watercraft to the extent not subject to Exclusion g.of Section I-Coverage A- Bodily Injury And Property Damage Llability; or S I (5)That is available to the insured when the Insured has been added as an additional Insured by attachment of an endorsement under any other insurance or is any other insured that is not a named insured under such insurance. When this insurance is excess,we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of other insurance has a duty to defend the insured against that"suit". If no provider of i other insurance defends,we will undertake to do so, but we will be entitled to the insured's rights against all i those providers of other insurance. 'i ± When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, If I any,that exceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and . 1 t (2)The total of all deductible and self-Insured amounts under all such other insurance. I We will share the remaining loss, if any,with any other Insurance that is not described In this Excess Insurance provision. I $$ 1 r f ( 0 2011 The Travelers Indemnity Company. All rights reserved. I 6267-CG(9/11) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. page 4 of 7 I D. AMENDMENT OF DEFINITIONS 1 1. COVERAGE TERRITORY The following replaces the definition of"coverage territory" in the DEFINITIONS Section: t "Coverage territory" means: { a. The United States of America(including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if: i (1)The"bodily injury"or"property damage" is caused by an "occurrence"that takes place;or (2)The"personal and advertising injury" is caused by an offense committed; i in the course of travel or transportation between any places included in Paragraph a.above; or iJJ c. All other parts of the world if the injury or damage arises out of: I!I Y (1)Goods or products made or sold by you In the territory described In Paragraph a.above; f (2)The activities of a person whose home'€s in the territory described in Paragraph a.'above, but Is away for a short time on your business;or (3)"Personal and advertising injury" offenses committed through the Internet or other electronic means of communication; u provided that the insured's responsibility to pay damages Is determined in a"suit"on the merits in the territory described in Paragraph a.above, or In a settlement we agree to. ( I'l _ 4 2. LEASED WORKER The following replaces the definition of"leased worker" in the DEFINITIONS Section: II [I "Leased worker" means a person hired from a labor leasing firm under an agreement between the hirer and that firm to perform duties related to the conduct of the hirer's business. However, "leased worker"does not include a I "temporary worker". li 3. LOADING OR UNLOADING �I I The following replaces the definition of"loading or unloading" in the DEFINITIONS Section: I f "Loading or unloading" means the handling of any person or property: a. After it is moved from the place where the person or property Is accepted for movement into or onto an I aircraft,watercraft or"auto"; t b. While in or on an aircraft,watercraft or"auto";or I c c. While being moved from an aircraft,watercraft or "auto" to the place where the person or property is finally y i. delivered. ! { However, "loading or unloading"does not include the movement of any person or property by means of a mechanical device, other than a hand truck,that is not attached to the aircraft,watercraft or "auto". { i f ®2011 The Travelers Indemnity Company. All rights reserved. i S267-CG(9/11) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 7 i z 4. PROPERTY[DAMAGE The following replaces the definition of"property damage"in the DEFINITIONS Section: i "Property damage" means: ( a. Physical damage to tangible property of others, including all resulting loss of use of that property. All such i loss of use will be deemed to occur at the time of the physical damage that caused it; or b. Loss of use of tangible property of others that is not physically damaged. All such loss of use will be deemed to occur at the time of the "occurrence"that caused it. For the purposes of this insurance, data including Information, facts or programs in any electronic or other format, I-- not tangible property. 5, TEMPORARY WORKER The following replaces the definition of"temporary worker" in the DEFINITIONS Section: I "Temporary worker" means a person who Is hired to substitute for a permanent"employee" on leave or to meet seasonal or short-term workload conditions. 6. AIRCRAFT PRODUCT I 'E The following Is added to the DEFINITIONS Section: I "Aircraft product" means: i a. Aircraft, including missile or spacecraft, and any ground support or control equipment used with any aircraft, missile or spacecraft; a — s b. Any of"your products" manufactured for, used in connection with, or incorporated.into aircraft, aircraft parts, q ` aircraft equiprent or aircraft accessories, including ground handling tools and equipment; c. Any of"your products" used for the purpose of guidance, navigation or direction of aircraft,whether an aircraft i is in flight or on the ground;or i d. Training aids, navigation charts, navigation aids, manuals, blueprints, engineering or other data or advice,and services and labor relating to such aircraft or products. i a I 7. CONSUMER FINANCIAL IDENTITY INFORMATION Y { The following is added to the DEFINITIONS Section: t "Consumer financial identity information" means any of the following information for a person that is used or collected for the purpose of serving as a factor in establishing such person's eligibility for personal credit, insurance or employment, or for the purpose of conducting a business transaction: I a. Part or all of the account number, the expiration date or the balance of any credit, debit, bank or other financial k i account. j I b. Information bearing on a person's credit worthiness, credit standing or credit capacity. c. Social security number. a i d. Drivers license number, { e. Birth date. l r I I ®2011 The Travelers Indemnity Company. All rights reserved. t 5267-CG(9111) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 7 j { { V i 8. CONSUMER FINANCIAL PROTECTION LAW a } The following is added to the DEFINITIONS Section: "Consumer financial protection law" means: a. The Fair Credit Reporting Act(FCRA) and any of its amendments, including the Fair and Accurate Credit Transactions Act(FACIA); b. California's Song-Beverly Credit Card Act and any of its amendments; or e. Any other law or regulation that restricts or prohibits the collection dissemination transmission,distribution or use of "consumer financial identity information". 9, FUNGI i The following is added to the DEFINITIONS Section: i "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. � 1 1 O.GROUN DING 'I The following is added to the DEFINITIONS Section: { "Grounding" means the withdrawal of one or more aircraft from flight operations or the imposition of speed, passenger or load restrictions on such aircraft, by reason of the actual,alleged or suspected existence of any i defect,fault or condition in such aircraft or any part thereof: a_ Sold, handled or distributed by the insured; or �. I _ t b. Manufactured, assembled or processed by any other person or organization (1)According to specifications, plans, suggestions, orders, or drawings of the insured; or ti (2)With tools, machinery or other equipment furnished to such persons or organizations by the insured. i Whether such aircraft so withdrawn or restricted are owned or operated by the same or different persons or organizations. ! ! 111ANDEPENDENT CONTRACTOR ! The following is added to the DEFINITIONS Section: c "Independent contractor" means any person who is not the insured's"employee", "temporary worker" or "volunteer worker", but who performs duties related to the conduct of the insured's business because of a i contract or agreement between the insured and that person for specified services. j 12.UNSOLICITED COMMUNICATION J The following is added to the DEFINITIONS Section: r "Unsolicited communication" means any communication, in any form,that the recipient of such communication did not specifically request to receive. r I I I 1 f t ©2011 The Travelers Indemnity Company. All rights reserved. ( 5267-CG(9/11) Includes copyrighted material of insurance Services Office, Inc.,with its permission. Page 7 of 7 ! t i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ! EXCLUSION - AIRCRAFT, AUTO OR WATERCRAFT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS i A. The following replaces Exclusion g.,Aircraft,Auto or Watercraft, of SECTION I-COVERAGES-COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: g. Aircraft,Auto Or Watercraft "Bodily injury"or"property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury" or"property damage"involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or watercraft owned or operated by or rented or loaned to any Insured. This exclusion does not apply to: i (l)A watercraft while ashore on premises you own or rent; I (2)A watercraft you do not own that Is: j l (a)Less than 26 feet long; and 'E i (b)Not being used to carry any person or property for a charge; s (3)Parking an "auto" on, or on the ways next to,premises you own or rent, provided that the "auto"is not owned i by or rented or loaned to you, any insured, any employee of the Insured,any of your"volunteer workers"or any "volunteer workers" of the insured. f (a)Liability assumed by you under any"Insured contract"for the ownership, maintenance or use of aircraft or watercraft, provided that the "bodily injury" or"property damage" occurs subsequent to the execution of the ! contract or agreement; J 1 d (S)"Bodily injury" or "property damage"arising out of: j s (a)The operation of any "supplementary machinery or equipment" that is attached to,or part of, a land vehicle j t that would qualify as"mobile equipment" under the definition of"mobile equipment" if such land vehicle R k were not: p i� (I) Subject to a compulsory or financial responsibility law,or other motor vehicle insurance law in the state where it is licensed or principally garaged;or ! (if) Designated as a covered "auto" under your automobile liability insurance;or I (b)The operation of any of the machinery or equipment listed in Paragraph 1.(2)or f.(3)of the definition of "mobile equipment";or (5)An aircraft chartered with a pilot to any insured. This exception does not apply if: (a)The aircraft is owned by any insured; or 1 (b)Any insured is using the aircraft to carry any person or property for a charge. r B. The following is added to the DEFINITIONS Section: i "Supplementary machinery orequipment" means machinery orequipment desi ned for work, other than the transportation of any person or property on a public road. However,"supplementary machinery or equipment"does not include: I a. Any communication dev[ce,such as a radio or telephone;or t b. Any machinery or equipment that Is designed to perform any function normal to the operation of the land vehicle during travel on public roads, such as a steering mechanism_ I 82582-CG(5/08) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. I I i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT- NON-RENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART The following replaces Paragraph 9.,When We Do Not Renew,of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS and SECTION IV-LIQUOR LIABILITY CONDITIONS,whichever section is included in the Coverage Part: If we decide not to renew this Coverage Part,we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal. { j I I S I I ri f � i r t 1 i f i l S2612-CG(12111) ©2011 The Travelers Indemnity Company. All rights reserved. i 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i i CAP ON LOSSES FROM CERTIFIED ACTS OF } TERRORISM This endorsement modifies Insurance provided under the following: d r, COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE. PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART t RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY EMPLOYEE BENEFITS LIABILITY COVERAGE PART UMBRELLA LIABILITY COVERAGE PART EXCESS LIABILITY COVERAGE PART VI If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed $100 billion In a Program Year (January 'I through December 31)and we have met our insurer deductible under the Terrorism Risk Insurance Act,we shall not be liable for the payment of any portion of the amount of such losses that exceeds$100 billlor,and in such case Insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. "Certified act of terrorism" means an act that Is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States,to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Rlsk Insurance Act for a"certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of$5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act;and i 2. The act is a violent act or an act that is dangerous to human life,property or infrastructure and Is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. i i E i E 1 � I � { f I { I 52621-CG(1/08) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. r i i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMBINATfON ENDORSEMENT PERSONAL AND ADVERTISING INJURY LIABILITY This endorsement modifies insurance provided under the following: I COMMERCIAL GENERAL LIABILITY COVERAGE PART + i PROVISIONS I A. AMENDMENT OF EXCLUSIONS 1. EXCLUSION- KNOWING VIOLATION OF RIGHTS OF ANOTHER The following replaces Exclusion a., Knowing Violation Of Rights Of Another, in Paragraph 2. of SECTION I- ! COVERAGES-COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: a. Knowing Violation Of Rights Of Another it "Personal and advertising injury"caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would Inflict that"personal and advertising injury". This exclusion does not apply to "personal and advertising injury" caused by malicious prosecution. I 2. EXCLUSION- MATERIAL PUBLISHED WITH KNOWLEDGE OF FALSITY The following replaces Exclusion b., Material Published With Knowledge Of Falsity, in Paragraph 2.of SECTION I-COVERAGES- COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: b. Material Published With Knowledge Of Falsity 71 it i "Personal and advertising injury" arising out of oral or written publication, including publication by electronic means,of material, if done by or at the direction of the Insured with knowledge of Its falsity, 3. EXCLUSION-MATERIAL PUBLISHED OR USED PRIOR TO POLICY PERIOD �I The following replaces Exclusion o.,Material Published Prior To Policy Period,in Paragraph 2. of SECTION I- COVERAGES- COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: I c. Material Published Or Used Prior To Policy Period I' i "Personal and advertising injury"arising out o1: (7)Oral or written publication, including publication by electronic means, of material whose first publication took place prior to the policy period; or (2)Infringement of copyright, "title" or"slogan" in your"advertisement"whose first infringement in your d "advertisement"was committed prior to the policy period. I 4. EXCLUSION- BREACH OF CONTRACT The following replaces Exclusion f., Breach Of Contract,in Paragraph 2.of SECTION I-COVERAGES- r COVERAGE 13 PERSONAL AND ADVERTISING INJURY LIABILITY: f. Breach Of Contract "Personal and advertising injury"arising out of a breach of contract. i s @ 2011 The Travelers Indemnity Company. All rights reserved, 52623-OG(9/11) Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of a I 1 1 i 5. EXCLUSION- INTELLECTUAL PROPERTY 1 The following replaces Exclusion f., Infringement Of Copyright, Patent,Trademark Or Trade Secret, in Paragraph 2.of SECTION I-COVERAGES-COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: I. Intellectual Property "Personal and advertising injury" arising out of any actual or alleged infringement or violation of any of the following rights or laws,or any other"personal and advertising injury" alleged in any claim or"suit"that also alleges any such infringement or violation: (1)Copyright; 4 (2)Patent; 1 (3)Trade dress; 1 (4)Trade name; a (5)Trademark; 4 i (6)Trade secret;or (7)Other Intellectual property rights or laws. j This exclusion does not apply to: j i (1)"Personal and advertising Injury"arlsing out of any actual or alleged infringement or violation of another's copyright, "title"or "slogan" in your"advertisement"; or (2)Any other"personal and advertising injury"alleged in any claim or"suit"that also alleges any such infringement or violation of another's copyright, "title" or"slogan" in your"advertisement". 6. EXCLUSION-INSUREDS IN MEDIA AND INTERNET TYPE BUSINESSES The following replaces Exclusion j., Insureds In Media And Internet Type Businesses, in Paragraph 2.of SECTION I-COVERAGES-COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: Is l J. Insureds In Media And Internet Type Businesses "Personal and advertising injury"arising out of an offense committed by an Insured whose business Is: `u (1)Advortising, "broadcasting" or publishing; j (2)Designing or determining content of web-sites for others; or c 1 (3)An Internet search, access, content or service provider. This exclusion does not apply to Paragraphs a.(1), (2) and(3)of the definition of"personal and advertising y' injury". a For the purposes of this exclusion: (1)Creating and producing correspondence written In the conduct of your business, bulletins, financial or annual reports, or newsletters about your goods, products or services will not be considered the business of publishing; and (2)The placing of frames, borders or links, or advertising, for you or others anywhere on the Internet will not, { by itself, be considered the business of advertising, "broadcasting"or publishing. s ©2011 The Travelers Indemnity Company. All rights reserved. 52623-CG(9/11) Includes copyrighted material of Insurance Services Office,with its permission. Page 2 of 8 f 7. EXCLUSION-POLLUTION-RELATED The following replaces Paragraph (2)of Exclusion n., Pollution-Related,in Paragraph 2,of SECTION I- COVERAGES-COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: 4 (2)Claim or"suit'by or on behalf of a governmental authority because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the t effects of, "pollutants". a. EXCLUSION-WAR N The following replaces Exclusion o.,War,in Paragraph 2. of SECTION I-COVERAGES-COVERAGE B d PERSONAL AND ADVERTISING INJURY LIABILITY: o. War "Personal and advertising injury" arising out of: (1)War, including undeclared or civil war; (2)Warlike action by a military force,including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3)Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 9, EXCLUSION-ASBESTOS OR SILICA The following exclusion Is added to Paragraph 2.,Exclusions,of SECTION 1-COVERAGES-COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: Asbestos or Silica "Personal and advertising injury"arising out of the actual or alleged presence or actual, alleged or threatened discharge, dispersal, emission, release, escape, handling,contact with, exposure to or inhalation or respiration of: (1)Asbestos, asbestos fibers or products containing asbestos,provided that The "personal and advertising injury" i is caused, or contributed to, by the hazardous properties of asbestos;or ! (2)Silica or products or substances containing silica. a 10. EXCLUSION - DISCRIMINATION k t The following exclusion Is added to Paragraph 2., Exclusions,of SECTION I-COVERAGES-COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: t Discrimination "Personal and advertising injury"arising out of discrimination,whether intentional or unintentional, based upon a d person's sex,sexual orientation, marital status, race, creed, religion, national origin, age,physical capabilities, 9 characteristics or condition,or mental capabilities or condition. i ! 11. EXCLUSION-EMPLOYMENT-RELATED PRACTICES j The following exclusion is added to Paragraph 2., Exclusions,of SECTION I-COVERAGES-COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: r Employment-Related practices ! "Personal and advertising injury"to: ! (1)A person, other than an "independent contractor", arising out of any: r t ®2011 The Travelers Indemnity Company. All rights reserved. f 52623-CG(9/11) Includes copyrighted material of Insurance Services Office,with its permission. Page 3 of 8 i (a)Refusal to employ that person; (b)Termination of that person's employment or"temporary worker"status; or (c)Other practice, policy, act or omission related to that person's employment or"temporary worker" status, a such as coercion, demotion, evaluation, reassignment, discipline, harassment, humiliation, discrimination, ,. libel,slander,violation of the person's right of privacy, malicious prosecution or false arrest,detention or imprisonment, regardless of whether such practice,policy, act or omission occurs, is applled or Is committed before, during or after the time of that person's employment or"temporary worker" status; or (2)The spouse, child, pare rt, brother,sister, domestic partner or member of the household of that person as a consequence of"personal and advertising injury"described in Paragraph (1)above. This exclusion applies: , (1)Whether the insured may be held liable as an employer or in any other capacity; and (2)Whether the Insured may have any obligation to share damages with or repay someone else who must pay damages because of the injury. 12. EXCLUSION- FUNGI OR BACTERIA The following exclusion is added to Paragraph 2.,Exclusions,of SECTION I-COVERAGES-COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: Fungi or Bacteria (1)"Personal and advertising injury" arising out of the actual, alleged or threatened Inhalation of, ingestion of, contact with,exposure to, existence of,or presence of any "fungi"or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to the "personal and advertising Injury". j (2)Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing,containing, treating, detoxifying, neutralizing, remedlating or disposing of, or in any way responding to, or assessing the k effects of, "fungi" or bacteria, by any insured or by any other person or entity. 13. EXCLUSION- LEAD The following exclusion is added to Paragraph 2., Exclusions,of SECTION I -COVERAGES- COVERAGE B ! PERSONAL AND ADVERTISING INJURY LIABILITY: ! ! Lead 1 "Personal and advertising{ ) g injury"arising out of the actual or alleged presence or actual, alleged or threatened dispersal, release, ingestion, inhalation or absorption of lead, lead compounds or lead which is at was contained or incorporated into any material or substance. I I (2)Any loss, cost or expense arising out of any request,order or requirement to abate, mitigate, remediate, 9 contain, remove or dispose of lead, lead compounds or materials or substances containing lead. t 14. EXCLUSION- UNSOLICITED COMMUNICATION j i ! The following exclusion Is added to Paragraph 2., Exclusions,of SECTION I-COVERAGES-COVERAGE B ! PERSONAL AND ADVERTISING INJURY LIABILITY: ! 9 Unsolicited Communication a f � "Personal and advertising injury"arising out of any actual or alleged violation of any law that restricts or prohibits ! the sending,transmitting or distributing of"unsolicited communication". I t c V 2011 The Travelers Indemnity Company. All rights reserved. f S2623-OG(9/11) Includes copyrighted material of Insurance Services Office,with its permission. Page 4 of 8 i I 1 15. EXCLUSION-VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS The following exclusion is added to Paragraph 2.,Exclusions,of SECTION I-COVERAGES- COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: t Violation of Consumer Financial Protection Laws i ( "Personal and advertising injury" arising out of any actual or alleged violation of a"consumer financial protection law", or any other"personal and advertising injury"alleged in any claim or"suit"that also alleges any such violation. 1 B. AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION-EXCEPTION FOR"PERSONAL AND ADVERTISING INJURY"ASSUMED IN AN "INSURED CONTRACT" i I 1. The following is added to Exclusion e., Contractual Liability, in Paragraph 2.of SECTION I-COVERAGES- COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: i This exclusion also does not apply to liability for damages because of"personal and advertising Injury"assumed by you in a contract or agreement that is an "insured contract", provided that the "personal and advertising injury" is caused by an offense committed subsequent to the execution of the contractor agreement. Solely for the purposes of liability assumed by you in an "Insured contract", reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of"personal and advertising injury", provided that: (1)Liability to such party for, or for the cost of, that party's defense has also been assumed by you In the same "Insured contract"; and i (2)Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages because of"persona[and advertising injury"to which this insurance applies are alleged. i 2. The following replaces Paragraph 2.d. of SUPPLEMENTARY PAYMENTS-COVERAGES A AND B of SECTION [-COVERAGES: d. The allegations in the"suit"and the information we know about the"occurrence" or offense are such that no conflict appears to exist between your interests and the interests of the indemnitee; t 3. The following replaces the third sentence of Paragraph 2.of SUPPLEMENTARY PAYMENTS- COVERAGES A AND B: I Notwithstanding the provisions of Paragraph 2.b.(2)of Section I- Coverage A- Bodily Injury And Property Damage Liability, or the provisions of Paragraph 2.e.of Section 1 - Coverage B-Personal and Advertising Injury Liability, such payments will not be deemed to be damages because of"bodily injury"or"property damage", or j damages because of"personal and advertising injury", and will not reduce the limits of insurance. I 4. The following replaces the first paragraph of Paragraph f,of the definition of"Insured contract" in the DEFINITIONS Section: i f. That part of any other contract or agreement pertaining to your business (including an indemnification of a E 3 municipality in connection with work perforated for a municipality) under which you assume the tort liability of another party to pay for"bodily injury", "property damage" or"personal and advertising injury"to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or ' agreement. I 1 i w q I F c I, r ©2011 The Travelers Indemnity Company. All rights reserved. i S2623-CG (9/11) Includes copyrighted material of Insurance Services Office,with its permission. Page 5 of 8 I 4 { t C. AMENDMENT OF LIMITS OF INSURANCE- NONCUMULATION OF LIMITS j The following is added to Paragraph 4.of SECTION III- LIMITS OF INSURANCE: i i Noncumulatlon of Personal and Advertising Injury Limit- If any one person or organization sustains: i, a. "Personal and advertising injury" to which this Insurance applies;and b. "Personal and advertising Injury"to which commercial general liability coverage included in one or more prior or future policies issued to you by us, or any of our affiliated insurance companies, applies; i I this policy's Personal and Advertising Injury Limit applicable to that person or organization also will be reduced by the amount of each payment made because of the"personal and advertising injury"described in Paragraph b.above by us or any of our affiliated insurance companies under, and within the applicable limit of insurance of, each other i such policy. D. AMENDMENT OF DEFINITIONS 1. PERSONAL AND ADVERTISING INJURY The following replaces the definition of"personal and advertising injury" In the DEFINITIONS Section: "Personal and advertising Injury": s a. Means Injury caused by one or more of the following offenses committed by or on behalf of the insured: (1)False arrest,detention or imprisonment, provided that the claim Is made or the"suit" Is brought by a person who claims to have been falsely arrested,detained or imprisoned; i (2)Malicious prosecution,provided that the claim is made or the"suit"is brought by a person or organization that claims to have been maliciously prosecuted; (3)The wrongful eviction from,wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, provided that the wrongful eviction, wrongful entry or invasion of the right of private occupancy Is commltted by or on behalf of the owner, landlord or lessor of that room, I dwelling or premises; 3 i 1 (4)Oral or written publication, including publication by electronic means, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided I that the claim is made or the "suit"is brought by a person or organization that claims to have been p slandered or libeled,or that claims to have had its goods,products or services disparaged; h { (5)Oral or written publication, including publication by electronic means, of material that: ( (a)Appropriates a person's name, voice, photograph or.likeness; y b Unreasonably places a person in a false light; or 3 i (c)Discloses information about a person's private life;or r (B)Infringement of copyright, "title" or"slogan" In your"advertisement", provided that the claim is made or the it I "suit" is brought by a person or organization that claims ownership of such copyright, "title" or "slogan". r a b. Includes "bodily injury"caused by one or more of the offenses described in Paragraph a.above. 3 f 2. BROADCASTING d f � I The following is added to the DEFINITIONS Section: "Broadcasting"means transmitting any audio or visual material for any purpose: q e t a. By radio or television;or l l 0 2011 The Travelers Indemnity Company. All rights reserved. I S2623-CG (9/11) Includes copyrighted material of Insurance Services Office,with its permission. Page 6 of 8 I I ti l i Ill In, by or with any other electronic means of communication, such as the Internet, if that material is part of: i (1)Radio or television programming being transmitted; l (2)Other entertainment, educational, instructional, music or news programming being transmltted;or (3)Advertising transmitted with any of such programming. { 3, CONSUMER FINANCIAL IDENTITY INFORMATION i f The following is added to the DEFINITIONS Section: "Consumer financial Identity information"means any of the following information for a person that is used or collected for the purpose of serving as a factor In establishing such person's eligibility for personal credit, insurance or employment, or for the purpose of conducting a business transaction: { a. Part or all of the account number,the expiration date or the balance of any credit, debit, bank or other financial account. b. Information bearing on a person's credit worthiness, credit standing or credit capacity, c. Social security number. y ` I l d. Drivers license number. e. Birth date. ; i i 4. CONSUMER FINANCIAL PROTECTION LAW y� l 3 The following is added to the DEFINITIONS Section: i ly "Consumer financial protection law" means: A i i a. The Fair Credit Reporting Act(FORA) and any of its amendments, including the Fair and Accurate Credit d Transactions Act(FACTA); b. California's Song-Beverly Credit Card Act and any of Its amendments; or i c. An other law or regulation that restricts or prohibits the collection,dissemination,tra s issio n, distribution i or use of"consumer financial Identity Information". K, i 5. SLOGAN { The following Is added to the DEFINITIONS Section: r r "Slogan": i a. Means a phrase that others use for the purpose of attracting attention in their advertising. b. Does not Include a phrase used as, or in, the name of: (1)Any person or organization, other than you; or (2)Any business, or any of the premises,goods, products,services or work, of any person or organization, u' t other than you, f f ®2011 The Travelers Indemnity Company. All rights reserved. ( S2623-CG(9111) Includes copyrighted material of Insurance Services Office,with its permission. Page 7 of s l f If B. TITLE The following is added to the DEFINITIONS Section: E f "Title" means a name of a literary or artistic work. 6 I 7. UNSOLICITED COMMUNICATION 'I The following is added to the DEFINITIONS Section: "Unsolicited communication" means any communication, in any form,that the recipient of such communication did not specifically request to receive. is I I s i I� I !1i I j I 1 i { li l 4 I V I I s II ii a f i �I i I I t I 0 2011 The Travelers Indemnity Company. All rights reserved. f 52623-GC(9/11) Includes copyrighted material of Insurance Services office,with its permission. Page 8 of S t i c 4 COMMERCIAL GENERAL LIABILITY i CG 02 20 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. r i FLORIDA CHANGES - I CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART i POLLUTION LIABILITY COVERAGE PART F' PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy (3)Failure to comply with underwriting Condition is replaced by the following: requirements established by the insurer within go days of the effective date of 2. Cancellation Of Policies In Effect coverage; II �I t a. For 90 Days Or Less (4)A substantial change in the risk covered by the policy; or If this policy has been in effect for 90 days or i less, we may cancel this policy by mailing or (5)The cancellation is for all insureds under delivering to the Named Insured(s) written such policies for a given class of insureds. notice of cancellation, accompanied by the reasons for cancellation, at least: If we cancel this policy for any of these reasons, we will mail or deliver to the Named Insured(s) (1)10 days before the effective date of written notice of cancellation, accompanied by cancellation If we cancel for nonpayment of the reasons for cancellation, at least: premium; or (a)10 days before the effective date of ! I (2)20 days before the effective date of cancellation if we cancel for nonpayment j I cancellation if we cancel for any other of premium; or reason,except we may cancel immediately if there has been: (b)45 days before the effective date of 1 cancellation if we cancel for any other y (a)A material misstatement or misrep- reasons stated in Paragraph 2.16. r resentation; or B. Paragraph 3. of the Cancellation Common Policy f (b)A failure to comply with the underwriting Condition is replaced by the following: requirements established by the insurer. ( 3. We will mail or deliver our notice to the Named b. For More Than 90 Days Insured(s) at the last mailing address known to us. j If this policy has been In effect for more than 90 days,we may cancel this policy only for one or more of the following reasons: j (1)Nonpayment of premium; l (2)The policy was obtained by a material t misstatement; t I 1 I i CO 02 20 04 11 Copyright, Insurance Services Office,Inc.,2010 page 1 of 2 { { I I C. Paragraph 5. of the Cancellation Common Policy D. The following is added and supersedes any other Condition is replaced by the following: provision to the contrary: i 5. If this policy is cancelled, we will send the first Nonrenewal ( Named Insured any premium refund due. If we cancel,the refund wlil be pro rata.If the first Named 1. If we decide not to renew this policy,we will mail or t Insured cancels, the refund may be less than pro deliver to the Named Insured(s) written notice of I rata. If the return premium Is not refunded with the nonrenewal, accompanied by the reason for notice of cancellation or when this policy Is nonrenewal, at least 45 days prior to the expiration returned to us, we will mail the refund within 15 of this policy. working days after the date cancellation takes I effect, unless this is an audit policy. 2. Any notice of nonrenewal will be mailed or delivered to the Named Insured(s) at the last If this Is an audit policy, then, subject to your full mailing address known to us. If notice Is mailed, cooperation with us or our agent in securing the proof of mailing will be sufficient proof of notice. ! necessary data for audit, we will return any premium refund due within 90 days of the date cancellation takes effect. If our audit is not completed within this time limitation, then we shall accept your own audit, and any premium refund i due shall be mailed within 10 working days of receipt of your audit. The cancellation will be effective oven if we have not made or offered a refund. 1 � I II ' f I a I i I 1 1 I I , 79 J I /r 1 1 5 i I I � 4 a I t f CG 02 20 04 11 Copyright, Insurance Services Office, Inc.,2010 Page 2 of 2 I t k � POLICY NUMBER: WS 15 8 93 7 COMMERCIAL GENERAL LIABILITY i I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS OR OTHER INTERESTS FROM WHOM LAND HAS BEEN LEASED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation of Premises (Part Leased to You): i PIER 60, CLEARWATER BC]l 33755 f Name of Person or Organization: City of Clearwater Parks & Recreation Department, 100 S Myrtle ,Ave, { Clearwater, FL 33756 I { (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement,) WHO IS AN INSURED (Section II) is amended to include This insurance does not apply to: i as an Insured the person or organization shown in the I Schedule but only with respect to liability arising out of the 1. Any "occurrence"which tales place after you cease to lease that land; f ownership, maintenance or use of that part of the land I leased to you and shown in the Schedule and subject to 2. Structural alterations, new construction or demolition the following additional exclusions. operations performed by or on behalf of the person or r organization shown in the Schedule. E r I 'i I { E r � 4 i i a 17 I I { { i ( CG 20 24 11 a5 Copyright, Insurance Services Office, Inc., 1984 I i COMMERCIAL GENERAL LIABILITY CG 21 36 03 05 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - NEW ENTITIES This endorsement modifies insurance provided under the Following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 3.of Section II -Who Is An Insured does not apply. `I d ' I a i i i a t I it ;I 1 �i I � I I 4 I { I f f l l CG 21 36 03 05 Copyright, ISO Properties, Inc.,2004 Page 1 of 1 3 t POLICY NUMBER: WS15893 7 COMMERCIAL GENERAL LIABILITY CG 24 26 07 04 r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i AMENDMENT OF INSURED CONTRACT DEFINITION i This endorsement modifies insurance provided under the following: ` COMMERCIAL GENERAL LIABILITY COVERAGE PART � II Paragraph 9.of the Definitions Section is replaced by the Paragraph f. does not include that part of any following: contract or agreement; 9. "Insured contract"means: (1)That indemnifies a railroad for "bodily injury" or "property damage" arising out of a. A contract for a lease of premises. However, construction or demolition operations,within that portion of the contract for a lease of 50 feet of any railroad property and affecting premises that indemnifies any person or any railroad bridge or trestle, tracks, u organization for damage by fire to premises road-beds,tunnel, underpass or crossing; while rented to you or temporarily occupied by you with permission of the owner Is not an (2)That indemnifles an architect; engineer or "insured contract"; surveyor for injury or damage arising out of: b. A sidetrack agreement; (a)Preparing, approving, or failing to prepare or approve, maps, shop jl c. Any easement or license agreement, except in drawings, opinions, reports, surveys, connection with construction or demolition field orders, change orders or drawings operations on or within 50 feet of a railroad; and specifications; or cl. An obligation, as required by ordinance, to (b)Giving directions or instructions,or failing indemnify a municipality, except in connection to give them, if that is the primary cause with work for a municipality- of the injury or damage;or e P s e. An elevator maintenance agreement; (3)Under which the insured, if an architect, engineer or surveyor,assumes liability for an { f. That part of any other contract or agreement injury or damage arising out of the Insured's pertaining to your business (including an rendering or failure to render professional Indemnification of a municipality In connection services, including those listed in (2) above i with work performed for a municipality) under and supervisory, inspection, architectural or which you assume the tort liability of another engineering activities. r party to pay for "bodily injury" or "property it damage" to a third person or organization, i provided the "bodily injury" or "property damage" is caused, in whole or in part, by you 1 or by those acting on your behalf. Tort liability i means a liability that would be Imposed by law in the absence of any contract or agreement. I 1 i s r t s r r I t i r CG 24 26 07 04 Copyright, ISO Properties,Inc_,2004 Page 1 of 1 1 R i THESE ENDORSEMENTS CHANGE THE POLICY. PLEASE READ THEM CAREFULLY. € These endorsements modify Insurance provided under the COMMERCIAL GENERAL LIABILITY COVERAGE PART. t EXCLUSION - PUNITIVE OR EXEMPLARY DAMAGES r This insurance does not apply to punitive or exemplary damages, fines,penafties or multiplied damages. 543-CG(10104) � I[ 'J AMENDMENT- DEPOSIT PREMIUM AND MINIMUM PREMIUM Paragraph b. of Commercial General Liability Conditlon 5. Premium Audit is replaced by the following: Premium shown in this Coverage Part as advance premium is both a deposit premium and a minimum premium for the full policy period. At the close of each audit period,we will compute the earned premium for that period. If the earned 'E premium is more than the advance premium, notice of the amount by which it exceeds the advance premium will be sent to the first Named Insured, The due date for the audit and retrospective premiums is the date shown as the due date on the bill. If the earned premium is less than the advance premium,the advance premium will apply as the minimum premium,with no return premium payable to you. S56-CG(10104) EXCLUSION - PROFESSIONAL SERVICES 'I 'i PROVISIONS 9. The following exclusion is added to Paragraph 2,, Exclusions,of SECTION I- COVERAGES-COVERAGE A BODILY INJURY AND PROPERTY DAMAGE: E Professional Services "Bodily injury" or "property damage" arising out of the providing or failure to provide"professional services". ail 2. The following exclusion is added to Paragraph 2., Exclusions,of SECTION I-COVERAGES-COVERAGE B PERSONAL AND ADVERTISING, INJURY: i Professional Services j "Personal and advertising injury" arising out of the providing or failure to provide "professional services". ( 3. The following is added to the DEFINITIONS Section: a I f "Professional services" means only those services performed by an insured in the insured's professional capacity as a provider of the services identified under the Classification column in the Premium Section of the declarations. L i it 5311-CG(3111) it i� I { 1 I i { S r Page 1 of 2 ©2011 The Travelers Indemnity Company. All rights reserved. I ' THESE ENDORSEMENTS CHANGE THE POLICY. PLEASE READ THEM CAREFULLY. These endorsements modify Insurance provided under the COMMERCIAL GENERAL LIABILITY COVERAGE PART. r EXCLUSION - LIQUOR - ABSOLUTE Exclusion c. Liquor Liability of SECTION I - COVERAGE A. is deleted and replaced with the following: i c. "Bodily injury"or"property damage"for which any insured may be held liable by reason of: ' (1)Causing or contributing to the intoxication of any person; (2)The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol;or Ik (3)Any statute, ordinance or regulation relating to the sale,gift,distribution or use of alcoholic beverages. 'f S354-GG (6199) ` ddI 14 II Ij 7 II i a I f d I ( i I ( { l I Page 2 of 2 ©2011 The Travelers Indemnity Company. All rights reserved. i