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COMMON POLICY DECLARATIONS (2) N 0 R T H L A S T U N D L It W R I T RS Insurance Services since 1962 Sunsets at Pier 60 Society, Inc. c/o Craig West - Bank of Tampa 200 Central Ave St Petersburg, FL 33701 Re: Type of Policy: General Liability Policy Number: BAGI 032229 Effective Date: 9/7/2014 Dear Craig, Thank you for choosing Northeast Underwriters to service your insurance needs. We value the trust and confidence you have shown in our agency by choosing us as your property-casualty insurance partner. We are committed to providing outstanding customer service and helping to ensure your company's continued success. We ask that you carefully review your policy and advise us of'any changes and/or corrections. Please pay particular attention to the declaration section of your policy for exclusions and the coverage provided. As your business changes, we will help you re-evaluate your needs to offer you the services that are best aligned with your goals. Please contact your commercial account manager, Larry D Sawyer, lsawyer(kneu-ins.corn, (727)521-4253 x350 with any questions you may have. We appreciate your business and look forward to a long and prosperous relationship. Kind regard, Ken Kijowski Account Executive Enclosures Pi-oviding Insitrance Servicesfoj-50 Years ....................................................................................................................................................................................................................------------- --------------—----------------------I-------------- 4790 1st Street North - St. Petersburg, FL33703 - 727.521.4253 -, 888.896,4806 Fax:7'27.527.6455 WVVVV,P OU-i \ � \ � \ � \ ' \ ' \ � \ � \ � \ � \ � } � } � ( � } � \ � \ � j � } � { � } � } � \ � ( � \ � . \ � ; \ � � P"m N, TURNER RT SPECIALTY' Florida Face Page Insured's Name: Sunsets at Pier 60 Society, Inc Policy Number: BAG-1032229 UMR Number'. Policy Dates: 9/7/2014 to 9/7/2015 Surplus Lines Agent's Name: Alan S. Goldfarb Surplus Lines Agent's Address: 5101 Vonderburg Drive Suite 214, Brandon, FL 33511 Surplus Lines Agent's License Number: A099212 Producing Agent's Name: Kenneth J, Kijowski Producing Agent's Physical Address: 4790 1st Street North Saint Petersburg, FL 33703 "THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. PERSONS INSURED BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTY ACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN INSOLVENT UNLICENSED INSURER." "SURPLUS LINES, INSURERS' POLILY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY.99 Premium: $1,330.00 TRIA/Terrorism: REJECTED Fees: Taxes: Policy Fee $35.00 Surplus Lines Tax $75.75 Inspection Fee $150.00 Service Office Fee $2.65 Fl. Hurricane Cat. Fund $19.70 Total Cost: $1,613.10 09— Surplus Lines Agent's Countersignature: "THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE OR WIND LOSSES,WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU." "THIS POLICY CONTAINS A CO-PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU." COMMON POLICY DECLARATIONS SENECA SPECIALTY INSURANCE POLICY NUMBER RAG-1032229 COMPANY 160 Water Street RENEWAL OF: New York,NY 10038 NEW 1.NAMED INSURED AND MAILING ADDRESS: PRODUCER: Sunsets at Pier 60 Society,Inc. R-T Specialty,LLC DBA: 510 Vonderburg Drive,Suite 214 c/o Craig West-Bank of Tampa 200 Central Avenue Brandon FL-33511 CLEARWATER FL-33755 2.POLICY PERIOD:From 09-07-2014 to 09-17-2015 12:01 A,M. Standard Time at your Mailing Address above. IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL OF THE TERMS OF THIS POLICY,WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. 3,THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. COVERAGE PAR"I"S PREMIUM Commercial General.Liability Coverage Fart $ 1,330.00 " Commercial Property Coverage Part Not Covered Commercial Inland Marine Coverage Part Not Covered Commercial Garage Coverage Part Not Covered Owners and Contractors.Protective Liability Coverage Part Not Covered Coverage for Certified.Acts of Terrorism Rejected;Exclusion attached. State Tax $ 75.75 Policy Fee $ 35.00 Stamping Fee $ 2.65 FHCF $ 19,70 Inspection Fee $ 150.00 Premium shown is payable at inception. Total Policy Premium: $1,613.10 4.FORM'S APPLICABLE TO ALL COVERAGES: See Schedule of Forms.and Endorsements—SB001 15.BUSINESS DESCRIPTION: sunset festivals Countersigned: 09-03-2014 By: Date Timothy Turner Autliorized representative THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA. SURPLUS LINES LAW. PERSONS INSURED BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTY ACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN INSOLVENT UNLICENSED INSURER. SB050-0609 Includes copyrighted malarial at Insurance Services office,Inc.with its permission Page 1 of 2 Copyright,Insurance Services Office,Inc.,1994 SURPLUS LIKES INSURER'S POLICY RATES AND FORMS ARE NOT APPROVED, BY ANY FLORIDA REGULATORY AGENCY g .��.�_ �� Includes copyrighted material of Insurance Services Office,Inc with Its permussion. � .� Copyright,Insurance Services Office,Inc..,,1994 S I't I E 'm.N dM l"'Ay T03 IN WITNESS WHEREOF, the Company has caused this policy to be signets by its president and secretary and countersigned on the declarations page by a duly authorized representative of the company, l SECRETARY PRESIDENT i J i i 42-024 0612 SENECA SPECIALTY INSURANCE COMPANY POLICY NUMBER: BAG-1032229 SCHEDULE OF FORMS AND ENDORSEMENTS NUMBER ED-DATE E TITLE - FORMS APPLICABLE-COMMON POLICY DECLARATIONS SB050 0609 Common Policy Declarations 412-024 0612 Signature Page S6001 0609 Forms List IL0017 1198 Common Policy Conditions 58558 0609 Minimum Premium SB560 0609 Service of Suit FORMS APPLICABLE-GENERAL LIABILITY COVERAGE SB049 0609 CommerciaP General Liability Coverage Part Declarations CG2139 1093 Contractual Liabiilty Limitation CG0001 1207 Commercial General Liability Coverage Form SB024 0609 Miscellaneous Exclusions Endorsement SB022 0609 Hazardous Materials Exclusion IL0021 0908 Nuclear Energy Liability Exclusion CG2167 1204 Fungi or Bacteria Exclusion CG2147 1207 Employment Related Practices Exclusion CG2141 1185 Exclusion Intercompany Products Suits GG2011 0196 Additional Insured Managers or Lessors of Premises CG2104 1185 Exclusion Products Completed Operations Hazard 513003 0609 Total Liquor Liability Exclusion S13007 0609 Weapons Exclusion SBO15 0609 Anima&Liability Exclusion SB073 0609 Certified Acts Of Terrorism And Other Acts Of Terrorism Exclusion ANY APPLICABLE STATE FORMS SB513 0212 Florida Changes SBO01-0609 Page 1 of 1 /i IL 00 17 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find„ 1.. The fist Named Insured shown in the Declara- and tions may cancel this policy by mailing or d'e- c. Recommend changes. livering to us advance written notice of cancel- 2. We are not obligated to make any inspections, lation. surveys, reports or recommendations and any 2.. We may cancel this policy by mailing or deliv- such actions we do undertake relate only to in- ering to the first gamed Insured written notice surability and the premiums to be charged. We of cancellation at least: do not make safety inspections. We do not un- dertake 101 days before the effective date of cancel to perform the duty of any person or lation if we cancel for nonpayment of pre- organization to provide for the health or safety mium; or of workers or the public.And we do not warrant that conditions: b. 301 days before the effective date of cancel- lation if we cancel for any other reason. a. Are safe or healthful; or 3. We will mail or deliver our notice to the fret b. Comply with laws, regulations, codes or Named Insured's last mailing address known to standards. us. 3.. Paragraphs 1. and 2. of this condition apply . Notice of cancellation will state the effective not only to us, but also to any rating, advisory, date of cancellation. The policy period' will end rate service or similar organization which on that date. makes insurance inspections, surveys, reports or recommendations. 5. If this policy is cancelled, we will send the first 4, Paragraph 2. of this condition does not apply Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first to any inspections, surveys, reports or recam Named Insured cancels, the refund may be mendations we may make relative to certifca- less than pro rata. The cancellation will be ef- tion, under state or municipal statutes, ordi- fective even if we have not made or offered a nances or regulations, of boilers, pressure ves- refund. sell or elevators, 6. If notice is mailed, proof of mailing will be suf- E. Premiums ficient proof of notice. The first Named Insured shown in the Declare- B. Changes Lions: This policy contains all the agreements between 1,. Is responsible for the payment of all premiums you and us concerning the insurance afforded. and The first Named Insured shown in the Declara- 2. Will be the payee for any return premiums we tions is authorized to make changes in the terms pay. of this policy with our consent. This policy's terms F. Transfer Of Your Rights And Duties Under can be amended or waived only by endorsement This Policy issued by us and made a part of this policy. C. Examination of Your Books And Records Your rights and duties under this policy may not be transferred without our written consent except We may examine and audit your books and rec- in the case of death of an individual named in- ords as they relate to this policy at any time during sured. the policy period and up to three years afterward. If you die, your rights and duties will be trans- D. Inspections And Surveys ferred to your legal representative but only while 1. We have the right to: acting within the scope of duties as your legal rep resentative. Until your legal representative is ap- a. Bake inspections and surveys at any time; pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998, Page 1 of 1 SENECA SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM POLICY PREMIUM The following additional policy Conditions supercede any other policy conditions as regards the"i-ninfinurn earned premium"for this policy: Minimum Earned Premium This policy is subject to a"inininuirn earned premium"."Minimum earned premium"means the premium that is calculated as follows: 1.The total policy premium as shown in the policy Declarations,plus 2.Any prernium,adjustment by endorsements,plus 3. Any additional premium developed by audit. Audits and Minimum Earned Premium Audits will not reduce the"minimum earned premium".The due date for audit premiums is the date shown as the due date on the bill. Cancellation and Minimum Earned Premium 1.If you cancel this policy,the return premium will be 90%of the pro rata balance of any remaining unearned premium but no less than 25%of the"minimum earned premium". 1 If we cancel the policy for any reason,other than for non-payment of premium,the"minimum earned premium"shall not apply.We will return to you the pro rata amount of the unearned premium. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. SB558-0609 Page 1 of 1 SENECA SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SERVICE OF SUIT Service of process may be made upon the Company to: Vice President of Claims Seneca.Specialty Insurance Company 160 Water'Street, 16th Floor New York,NY 10038 Where required by statute, regulation or other regulatory directive, the Company appoints the Commissioner of Insurance, or other designee specified for that purpose, as its attorney for acceptance of service of all legal process in the state in any action or proceeding arising out of this insurance. The Commissioner or other designee is requested to f6i and process to the Company as shown above,or if required in leis/her particular state,to a designated resident agent for service of process. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. i SB560-0609 Pagel of 1 SENECA SPECIALTY INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS This coverage part consists of this Declarations form,the Common Policy Conditions,the Commercial General Liability Coverage Form and the endorsements indicated as applicable. (See COMMON POLICY DECLARATIONS for items 1. and 2.) POLICY NO : BAG-1032229 NAMED INSURED Sunsets at Pier 60 Society,Inc. DBA: 13.LIMITS OF INSURANCE General Aggregate Limit(Other Than Products—Completed Operations) $2,000,000 Products Completed Operations Aggregate Limit EXCLUDED Personal and Advertising Injury Limit $ 1,000,000 Each Occurrence Limit $ 1,000,000 Damage To Premises Rented To You Limit $ 100,000 Any One Premises Medical Expense Limit $5,000 Any One Person RETROACTIVE DATE(CG 00 02 only)—Coverage A of this insurance does not apply to"bodily injury"or"Property damage" which occurs before Retroactive Date,if any,shown below. Retroactive Date:None (Enter Date or"None"if no Retroactive Date Applies) Location of All Premises You Own,Rent or Occupy(Same as Item I unless shown below): Location Address 1 Pier 60 1 Causeway Blvd,CLEARWATER FL 33755 ADVANCE PREMIUM LOCATION CLASSIFICATION CODE PREMIUM EXPOSURE RATE PR/CO ALL OTHER -9 NO. BASIS I Bazaars-operated by the insured-Not for 10132 Sales 151,000: S 8.8100 Included S 1,330 profit only ---T—FORNIS/ENDORSEMENTS A ABLE: TOTAL PREMIUM FOR $1,330 THIS COVERAGE PART* E SEE SCHEDULE OF FORMS AND ENDORSEMENTS -FORM SB001 Subject to minimum premium. 5.FORM OF BUSINESS: Corporation Audit Period: Annual unless otherwise stated: SB049-0609 Includes copyrighted material of Trisurancv,Services Office,Itic.with its pcno ssiorl. Page I of I Copyright,Insurance Services Office,Inc,, 1984 COMMERCIAL GENERAL LIABILITY CG 2139 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL! IT CAREFULLY. CONTRACTUAL LIABILITY LIMITATION This endorsement modifies insurance provided under the following,: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of 'insured contract" in the DEFINI- b. A sidetrack agreement; TI'ONS Section is replaced by the following: c. Any easement or license agreement, except in / "Insured contract'means: connection with construction or demolition opera- a. A contract for a lease of premises. However, that tions on or within 50 feet of a railroad; portion of the contract for a lease of premises that d. An obligation, as required by ordinance„ to in- indemnifies any person or organization for dam- demnify a municipality, except in connection with age by fire to premises while rented to you or work for a municipality; temporarily occupied by you with permission of e. An elevator maintenance agreement. the owner is not an"'insured contract`; g �u CG 2139 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 00 811207 COMMERCIAL GENERAL LIABILITY UTY COVERAGE FORM Various provisions in this | coverage. h. This insurance apphem to 1zodfly injury" and Read the entire policy carefully to determine rights' ^pmperty damage"only if: duties and what io and ie not covered. (1) The "bodily injury" mr "property damage" im Throughout this policy the mmpda "your" ommmod by an ^oucunanm/' that takes p�aoe refer tothe Named Insured shown in the Deo|erodono. in the"coverage territory"; and any person or qualifying eo o (2) The "bodily injury" or "property damage' Named Insured under this po|icy. The words "we", "us' and "our" refer to the company providing this occurs during the policy period; and insurance. (3) Prior to the policy period, no insured listed "insured" Paragraph 1. of Section U - VVho Is The word '|nuumd" meanmany po�onnrorgon|zoUon An Insured and no ^emp�oyee'` authorized qualifying as such under Section U - VVho Is An |n' by you to-gi-= ormmeive notice ofen "oo~ mued ^ � uu�enms or claim, knew that the "bodily in- Other mmnda and phrases that appear in quotation jury" "property damage" h marks have special meaning. Refer to Section V - whole orin part. If such a listed insured or Definitions. authorized 'employee" kmow, phor to the �EC7|�NU-C�V��AG�S |i period, that the "bodily irjoq/' or "property damage" occurred, thon any con- COVERAGE A BODILY INJURY AND PROPERTY %/nution, change or resumption of such DAMAGE LIABILITY "bodily injury" or "property damage" during 1. Insuring Agreement or after the policy period will be deemed 8u u. We will pay those sums that the insured be- have been known prior to the policy period. comes legally obligated to pay as damages c. "Bodily injury" or "property dumegs/' which baua of"bodily i� ry' "property damage" occurs during the policy period and was not, to which this insurance applies. We will have prior to the policy period, known to have oc- the right and duty to defend the insured against curred by any insured listed under Paragraph any "suit" seeking those damages, However, 1. of Section 1111 - Who Is An Insured or any we will have no duty to defend the, insured ..employee" authorized by you to give or re- aga�nst any "suit" seeking damages for"bodily ceive notice of an "occurrence" or claim, in- injury" or "property damage" to which this in- cludes any continuation, change or resumption surance does not apply. We may, at our discre- of that "bodily injury" or "property damage" af- tion, investigate any "occurrence" and settle ter the end of the policy period. any claim u/ "suit"that may result, But: d. "Bodily i or ''mnopmAy damage^' will be (1) The amount we will pay for damages is Uoomad to have been known to have occurred fimi1ed as described in Section U| - Lirmita at the earliest time when any insured |iodod un' Of|nauranme| ond der Paragraph 1. mf Section U - Who 1uAn |n- (2) Our right and duty to defend ends when vve sued or any."employee" authorized by you to have used up the applicable limit ofinau� give or receive notice of an "occurrence" or � anoe in the t ofj dgm �a or met claim: Memento under Coverages AorBornmod[' (1) Reports 0. ormnypm¢ ofthm^'bodilyirjury" ca8expenmns under Coverage C. or "property damage" to us or any other in- No No �harob[iQoUom or liability to emner' sums or perform acts orservices is covered unless �� OD Receives o written or verbal demand or p|iodly pnov�dad for under Supplementary Pay- claim for damages because of the "bodily moentm-CovermAeuAandB. injury"nr"property dumuge'`; or (3) Becomes aware by any other means that "bodily injury" or"property damage" has oc- curred or has begun,tooccur. CG 0001 12U7 0 ISO Properties, Inc,, 2006 Page of 16 O e. Damages because of "bodily injury" include c. Liquor Liability damages claimed by any person or organi!za- "Bodily injury" or "property damage" for which tion for care, loss of services or death resulting any insured may be held liable by reason of: at any time from the"bodily injury 2. Exclusions (1) Causing or contributing to the intoxication.of any person; This insurance does not apply to: (2) The furnishing of alcoholic beverages to a a. Expected Or Intended Injury person under the legal drinking age or un- "Bodily injury" or "property damage" expected der the influence of alcohol; or or intended from the standpoint of the insured. (3) Any statute, ordinance or regulation relating This exclusion does not apply to "bodily injury" to the sale, gift, distribution or use of alco- resulting from the use of reasonable force to holic beverages. protect persons or property. This exclusion applies only if you are in the b. Contractual Liability business of manufacturing, distributing, selling, "Bodily 'injury" or "property damage" for which serving or furnishing alcoholic beverages. the insured is obligated to pay damages by d. Workers'Compensation And Similar Laves reason of the assumption of liability in a con- Any obligation of the insured under a workers' tract or agreement. This exclusion does not compensation, disability benefits or unem- apply to liability for damages: ployment compensation law or,any similar law. (1) That the insured would have in the absence e. Employer's Liability of the contract or agreement; or to: (2) Assumed in a contract or agreement that is Bodily injury"` an "insured contract", provided the "bodily (1) An "employee" of the insured arising out of injury" or "property damage" occurs subse- and in the course of: quent to the execution of the contract or (a) Employment by the insured; or agreement. Solely for the purposes of liabil- (b) Performing duties related to the conduct ity assumed in an "Insured contract", rea- of the insured's business; or sonable attorney fees and necessary litiga- tion expenses incurred by or for a party (2) The spouse, child, parent, brother or sister other than an insured are deemed to be of that "employee" as a consequence of damages because of "bodily injury" or Paragraph (1)above. "property damage", provided: This exclusion applies whether the insured (a) Liability to such party for, or for the cost may be liable as an employer or in any other of, that party's defense has also been capacity and to any obligation to share dam- assumed in the same"insured contract"; ages with or repay someone else who must and pay damages because of the injury. (b) Such attorney fees and litigation ex- This exclusion does not apply to liability as- penses are for defense of that party sumed by the insured under an "insured con- against a civil or alternative dispute tract". resolution proceeding in which damages to which this insurance applies are al- leged. Page 2 of 16 Q ISO Properties, Inc.,2006 CG 00 01 12 07 f.. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened dis- or subcontractors working directly or in- charge, dispersal, seepage, migration, re- directly on any insured's behalf are per- lease or escape of"pollutants": forming operations if the "pollutants„ are brought on or to the premises, site or lo- (a) At or from any premises„ site or location cation in connection with such opera- which is or was at any time owned or tions by such ensured, contractor or sub- occupied by, or rented or loaned to, any contractor, However, this subparagraph insured, However, this subparagraph does not apply to: does not apply to: (i) "Bodily injury.", or "property damage" (i) "Bodily injury" if sustained within a arising out of the escape of fuels, lu- building and caused by smoke, bricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or me- used to heat, cool or dehumidify the chanical functions necessary for the building, or equipment that is used to operation of "mobile equipment" or heat water for personal use, by the its parts, if such fuels„ lubricants or building's occupants or their guests; other operating fluids escape from a (ii) "Bodily injury," or "property damage" vehicle part designed to hold, store for which you may be held liable, if or receive them, This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added' to your pol- intentional discharge, dispersal or re- icy as an additional insured with re- lease of the fuels, lubricants or other spect to your ongoing operations operating fluids, or if such fuels, lu- performed for that additional insured bricants or other operating fluids are at that premises, site or location and brought on or to the premises, site or such premises, site or location is not location with the intent that they be and never was owned or occupied discharged, dispersed or released as by, or rented or loaned to, any in- part of the operations being per- sured, other than that additional in- formed by such insured, contractor sured; or or subcontractor; (Iii) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a"hostile fire`; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in connec- for any insured or others for the han- tion with operations being performed dling, storage, disposal, processing or by you or on your behalf by a con- treatment of waste; tractor or subcontractor; or (c) Which are or were at any time trans- (ill) "Bodily injury" or "property damage" ported, handled, stored, treated, dis- arising out of heat, smoke or fumes posed of, or processed as waste by or from a hostile fire for: (e) At or from any premises, site or location (i) Any insured; or on which any insured or any contractors or subcontractors working directly or in- (U) Any person or organization for whom directly on any insured's behalf are per- you may be legally responsible; or forming operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef- fects of, "pollutants". CG 00 01 12 07 0 ISO Properties, Inc., 2006 Bag€: 3 of 16 0 0� = (2) Any loss, cost or expense arising out of (6) "Bodily injury ur "property damage" arising any: out of: �~ (a) Roqumst, demond, order or statutory or (a) The requirement �a any insured mert that is attached to, or part of, e �~ nr'others test for, mmonihor, u|eom up' re- land vehicle that would qualify mmder the move, contain, treat, dotoxifyurneutral- definition of"mobile equipment"ifitwere - ize. or in any way respond to, or assess not subject to a compulsory or financial the effects of ^'�o||u�autm"� ur pam�onoibi|i�� |�vx or other mo�mrv��i�e . . insurance law Umthe state where itimKi- (b) Claim or "suit" by or on behalf nfo Qov- emmme�a| authority for damages be- cause oennedorpdnoipoUyQm�gad� or nfben0ngfbr. nnonbmhng,o|aaninQ (b) the operation of any of the machinery or - op, removing, 000tsining, treating, de- equipment listed in Paragraph t(2) or toxifyi ���h� or e� �y tCB � �e ��n�� � "�c�� equip- responding . , or assessing the effects menC. v/,"pollutants". h. Mobile Equipment However, this paragraph d»*« not apply to "Bodily injury" or"property damage"arising out / of: damage"— --'-- ----would have in the (1) Theha �m�onof�noN|eegm�pme��b� absence of �� e� demand, o��� � � - request, ' an°amto"owned byurmmm�dor aatmtory orme |aory mquimment' orauoh |uenedbmmnyi�s"p ceim or "wmit' bymron bah�|fofa govern- u/vu, m mental authority. (2) The use of "mobile equipment" in, or while in practice 0m� �r while being prepared for,A1���Au�OrWo���ft ~~ any prearranged racing, speed, demolition, "Bodily injury"nr"property damage" arising out or stunting activity. of the ownership, ma|nhamamoe, use or en- L en—L Var trostmemboothermofamyairuraft. "euho"orwo- teronaft owned or operated by or rented or, "Bodily injury" or "property damage", however loaned tm any insured. Use includes operation caused,arising, directly or indirectly, out of: and"loading orun|mmdio0" (1) War, including undeclared ar civil war; This exclusion applies oven if the claims (2) Warlike action byu military force, including against any insured allege negligence mrother action in hindering or defending against an - wrongdoing in the supervision, hiring, employ- actual or expected attaok, by any govern- ment, training or monitoring of others by that ment. sovereign or other authority using insured, if the "occurrence" which caused the mi|iharypenxonne| orothorago�s;or "bodily injury" or "property damage"rin«nw (3) |nemnenQom, rebeKUkzn, revolution, uam'Ped ownership, the ment to others of any aircraft, "auto" or water- action governmental au- thority hindering ordefend�ga0�mt any craft that in owned oropene�dbyornan�dor N� loaned tn any insured. o/ m/ume. This exclusion,does not apply to: j, Damage TmProperty (1) A m/ahenonaft while ashore on premises you "Property damage"to: own urrent; (1) p including (2) A watercraft you dn not own that is: any costs or expenses incurred by you, or (�) ��e�thon28��et1omQ�' and —' other— - --entity, for repair, replacement, enhancement, nmotora- (b) Not being used to carry persons or tion or maintenance of such property for property for acharge; any reason, including prevention of injury ho (3) Parking an "auto" on, or on the -_'- next a person or damage to another'u property; ~~ to,Jpremises you own or rent, provided the (2) Premises you mel|, give away urabandon, if 'auUz'^ is not owned byorrented or loaned the "'property damage"' arises out of any to you or the insured; part mf those premises; (4) Liability assumed under any "insured con- (3) Property loaned toyou; tract' for the mwmomah|p ma|nhememoa or' (4) pomomm) property in the oona, custody or use of aircraft or watercraft; or cmntm|cf the insured; �=�~ Page 4wf�16 0 ISO Properties, |nu.'2QOS CG1 0001 12 07 O =~ = � �� (5) That particular part of real property on This exclusion does not apply to the loss of use which you or any contractors oraubunn1non- of other arising out cf sudden and ac- tors workingdirectlyorindinoot|yonyour oidmm1a| physical injury to "your product" or behalf are performing opmratioum, if the "your work" after it has been put to its intended '`property domugm" mhaee out of those op' use, erot[oma or ' n. Recall Of Products,Work Or Impaired N0 That particular part of any property that Property must be restored, repaired or replaced be- claimed any |uum, cost or ex- cause "your work"' was incorrectly pep Damages� pamae mcmmad by you or others for the |oua of formed unit. ume, withdrawmi, reoa|k inmpootiun, repair, re- Paragraphs (1 and N@uf this exclusion do placement, adjustment, removal or disposal of: not *vv/v to v/vpe'v damage" (other than (1) "Your product"; damage by fire) to premisam, inc�udmg the con- tents of such premises, rented to you for a pe- (2) "Your wodk'; ur riodof7or fewer consecutive days.Aseparate (3) "Impaired property"'; limit of insurance applies k/ Damage To prem- if such product, work i fthd�wn iuma Rented To You madeeohbad in Section III - ' ^ - ~'-~-. - '' or neom||od from the market or from use by any -LimitsOf|nauronoe . person or organization because ofn known or Paragraph (2) of this exclusion does not apply suspected defeot, deficienoy, inadequacy or if the premises are "your work" and were never dangerous condition init. nooupied, rented or held for rental by you. o. Personal And Advertising in{uq/ Paragraphs (3) (S) and (6) of this excu' .Bodily i ry. arising out of"personal and ad- niwm do not apply to liability assumed under veuisinA ��`u0/' sidetrack agreement. p Electronic Data Paragraph (G) of this exclusion does not apply ' to"property damage" included in the"products- Damages ahm�ng out of the |oea of. Yoam of use completed operations hmzand" of, damage to, corruption pt inability to mooeam. b. Damage To Your Product or inability 10 manipulate electronic data. "Property damage"to "your product"arising out As used in this mxo|ueinn^ electronic data otitor any part ofit. n*mnainfbnmeton` facts or programs stored ao or on, created or used on, oxansmitteUbzor |. Damage Tm Your Work from computer software, including systems and "Property damage" to "your work" arising out cf applications software, hard mr floppy disks, CD- it nra part and ROMS, bap*u, dhveu, ooUa. data processing ' ` completed operations hazand^ devices or any other media m/h�ch are used This exclusion does not apply ifthe damaged with electronically controlled equipment. work or the work out of which the damage q. Distribution Of Material Un Violation OY arises was performed on your bnhmffby m sub- Statutes contractor. "Bodily injury" mr "property damage" arising di- m. 8m To0 UmdPmper�OrPmper� m�yurindi or omission Not P~ysicaUy^Injured that violates oris alleged tuviolate: "P ' damage" to "impaired prop (1) The Telephone Consumer Protection Act ythat has not been physioaHy injured, (TCpA), including any amendment of or addition ��m�' or arimimQo��ot (1) A defect, deficiency, inadequacy or danger- (2) The CAN-BPAKH Act of 2003, including any � oue condition in "your product" or "your amendment ufor addition ho such |mw` or work"; or (3) Any statute, ordinance or regulation, other (2) A delay or failure by you or anyone acting than thaTCpA mrCAN'SPAM Act of 2003, on your behalf to perform a contract or that prohibits or limits the sending, transmit- agreement|n accordance with its terms. Ung, communicating or distribution of mate- rial or information. CG 00 01 12 07 Q ISO Properties, Inc., 2006 Page 5 of 16 4/1 Exclusions c. through n., do not apply to damage c. Material Published Prior To Policy Period by fire to premises while rented to you or tempo- "Personal and advertising injury" arising out of rarily occupied by you with permission of the oral or written publication of material whose owner. A separate limit of insurance applies to this first publication took place before the beginning coverage as described in Section III — Limits Of of the policy period.. Insurance. d. Criminal Acts COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY "Personal and advertising injury" arising out of 1. Insuring Agreement a criminal act committed by or at the direction g g of the insured. a.. We will pay those sums that the insured be- e. Contractual Liability comes legally obligated to pay as damages because of"personal and advertising injury" to "Personal and advertising injury" for which the which this insurance applies. We will have the insured has assumed liability in a contract or right and duty to defend the insured against agreement. This exclusion does not apply to Ii- any "suit" seeking those damages. However, ability for damages that the insured would have we will have no duty to defend the insured in the absence of the contract or agreement, against any "suit" seeking damages for "'per- f. Breach Of Contract sonal and advertising injury" to which this in- "Personal and advertising injury" arising out of surance does not apply.We may, at our discre- a breach of contract, except an implied con_ Lion, investigate any offense and settle any tract to use another's advertising idea in your claim or"suit"that may result. But: '"advertisement°'. (1) The amount we will pay for damages is limited as described in Section III — Limits g• Quality Or Performance Of Goods—Failure To Conform To Statements Of Insurance;and (2) Our right and duty to defend end when we "Personal and advertising injury" arising out of 'nur_ the failure of goods, products or services to have used up the applicable Limit of i ante in the payment of judgments o set- conform with any statement of quality or per- tlemen#s under Coverages A or B or medi- farmance made in your"advertisement' cal expenses under Coverage C. h. Wrong Description Of Prices No other obligation or liability to pay sums or "Personal and advertising injury" arising out of perform acts or services is covered unless ex- the wrong description of the price of goods, pliicitly provided for under Supplementary Pay- products or services stated in your "advertise- ments—Coverages A and B. ment'". b. This insurance applies to "personal and adver- I. Infringement Of Copyright, Patent, tising injury" caused by an offense arising out Trademark Or Trade Secret of your business but only if the offense was "Personal and advertising injury" arising out of committed in the"coverage territory"during the the infringement of copyright, patent, trade- policy period. mark, trade secret or other intellectual property 2. Exclusions rights. Under this exclusion, such other intellec- tual property rights do not include the use of This insurance does not apply to: another's advertising idea in your "advertise- ", a. Knowing Violation Of Rights Of Another meat" "Personal and advertising injury" caused by or However„ this exclusion does not apply to in- at the direction of the insured with the knowl- fringement, in your "advertisement", of copy- edge that the act would violate the rights of an- right, trade dress or slogan. other and would inflict "personal and advertis- j, Insureds In Media And Internet Type ing injury", Businesses b. Material Published With Knowledge Of "Personal and advertising injury" committed by Falsity an insured whose business is: Personal and advertising injury arising out of (1) Advertising, broadcasting, publishing or oral or written publication of material, if done by or at the direction of the insured with knowl- telecasting, edge of its falsity. (2) designing or determining content of web- sites for others,or Page 6 of 16 0 ISO Properties, Inc.,2006 CG OHO O1 12 07 1 (3) An Internet aoarcM, acc*an, content or QN Insurrection, rebellion, nannution, usurped service provider, power, or action taken by governmental eu' However. this exclusion dmoo not apply to thori1Yim hindering or defending against any Paragraphs 14.a., b. and o. of ofth�eo"personal and . advertising injuOy under the Definitions Sec- p. Distribution Of Material |n Violation Of Unn. Stetutem For the purposes of this exo|uninn' the placing "Personal and advertising injury" arising di- of frames, borders or links, oradvar-fising. for rect|yor indirectly out of any action oromiao�on you or others anywhere on the Internet, is not that violates orls alleged toviolate: by itself, considered the business ofmdvortim- (1) The Telephone Consumer Protection Act imQ broadcasting, pub|iahingor�e|euam�in8 ' ' . (T7CPA) including any amendment of or h- Electronic Chmtroome[>rBulletin Boards addition tosuch law; or "Personal and advertising injury" arising Out Of (2) The C#N'SPAM Act of2UO3. including any an electronic ohoimomor bulletin board the in- amendment ofor addition tu such law; or eumsd hosts, owns, or the' (3) Any n1m1ute' ordinance or nagu|mt[nn, other exercises control. than the TCPA or CAN'SPAM Ad of 2003, i Unauthorized Use OfAnothehm Name Or that prohibits or limits the sending, transmit- Product tMQ, communicating or distribution of mate- "Personal and advertising r|�|or� arising out . the unauthorized use of anothe/s name or COVERAGE C MEDICAL PAYMENTS product in your e-mail address, domain name 1. Insuring Agreement ormetabag. or any other similar tactics 1u mis- lead another's potential customers. a. We will pay medical expenses as described m, Pollution below for^bodiIy injury"caused byonaccident "Personal and advertising injury" arising out of (1) On premises you own or rent' the mctuaU, alleged or threatened discharge, (2) On ways next to premises you own or rent; dispersal, seepage, migration, release or es- or cape mf,poUutmnts'at any time. (3) Because of your operations; m. Pollution-Related provided that: Any loss, cost or expense arising out ofany: (a) The accident takes pIacein the ^covep (1) Request, demand, order or statutory or age territory" and during the policy pe- re0u|atory requirement that any insured or riod; others test for, mon|hor, clean up, remove, (b) The expenses are incurred and reported oonbmim, tnaa1, detoxify or neutralize, or in to um within one year of the date of the any way respond to, or 000emm the effects accident; and of, ^puUotunta"; or (G) The injured person submits 1uexaminu- (2) Claim, or suit by or on behalf ofa govern- Uon, at our expennm, by physicians of mental authority for demoQan because of our choice as often as we reasonably testing &or, monitoring cleaning up, remov' require. ing, containing, treating, detoxifying orneu- b VVo v�|| make these payments regardless of fra|��g or in any way responding bz or ' -- - "-'— '-=- --- ' ' fault. Theme payments will not exceed the mp ammemmingtheeffeotoo� ^poUutonts^ � ~-r'' . pUcebAa limit of insurance, We will pay reason- o. War able expenses fnc "Personal and advertising injury~. however (1) First aid administered at the time of an caused, arising, directly or indirectly, out of: accident; (1) War, including undeclared or civil war; (2) Necessary madioa|, aurgiva|, x-ray and (2) VVar|ikemcd|on ' a military force, including danbo| services, including prosthetic de- action in hindering or defending against an vices; and actual (3) Necessary ambulance, hospital, prufea mant. sovereign or other authority using nionm\ nursing and funeral services. military personnel or other agents; pr CG 00 01 12 O7 C ISO Properties, Inc., 2006 Page 7 of 16 2. Exclusions f. Prejudgment interest awarded against the We will not pay expenses for"'bodily injury": insured on that part of the judgment we pay. If a. An Insured' we make an offer to pay the applicable limiiit of Any insurance, we will not pay any prejudgment in- To any insured, except"volunteer workers". terest based on that period of time after the of- b. Hired Person fer. To a person hired to do work for or on behalf of g• All interest on the full amount of any judgment any insured or a tenant of any insured, that accrues after entry of the judgment and before we have paid, offered to pay, or depos- c. Injury On Formally Occupied Premises ited in court the part of the judgment that is To a person injured on that part of premises within the applicable limit of insurance. you own or rent that the person normally occu- These payments will not reduce the limits of incur- pies. ance. d. 'Workers Compensation And Similar Laws 2. If we defend an insured against a "suit" and an To a person, whether or not an "employee" of indemnitee of the insured is also named as a party any insured, if benefits for the "bodily injury" to the "suit",we will defend that indemnitee if all of are payable or must be provided under a work- the following conditions are met: ers"compensation or disability benefits law or a a. The ""suit" against the indemnitee seeks dam- similar taw. ages for which the insured has assumed the li- e. Athletics Activities ability of the indemnitee in a contract or agree- To a person injured while practicing„ instructing went that is an"insured contract"; or participating in any physical exercises or b. This insurance applies to such liability as- games, sports, or athletic contests, sumed by the insured; f. Products-Completed Operations Hazard c. The obligation to defend" or the cost of the Included within the"products-completed opera- defense of that indemni tee, has also been ac- tions hazard" sumed by the insured in the same insured contract"; g. Coverage A Exclusions d. The allegations in the"suit"and the information Excluded under Coverage A. we know about the "occurrence" are such that SUPPLEMENTARY PAYMENTS—COVERAGES A no conflict appears to exist between the inter- AND B gists of the insured and the interests of the in- 1. We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we e. The indemnitee and the insured ask us to defend: conduct and control the defense of that indem- nitee against such "'suit"and agree that we can p assign the same counsel to defend the insured b. Up to $250 for cost of bail bonds required and the indemnitee; and because of accidents or traffic law violations f. The indemnitee: arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We (1') Agrees in writing to; do not have to furnish these bonds. (a) Cooperate with us in the investigation, c. The cost of bonds to release attachments, but settlement or defense of the"suit"; only for bond amounts within the applicable (b) Immediately send us copies of any limit of insurance. We do not have to furnish demands, notices, summonses or legal these bonds. papers received in connection with the d. All reasonable expenses incurred by the in- "suit"; cured at our request to assist us in the investi- (c) Notify.any other insurer whose coverage gation or defense of the claim or "suit", includ- is available to the indemnitee; and ing actual loss of earnings up to $250 a day (d) Cooperate with us with respect to coor- dinating other applicable insurance e. All court costs taxed against the insured to the available to the indemnitee; and suit However, these payments do not include (2) Provides us with written authorization to: attorneys' fees or attorneys" expenses taxed against the'insured. (a) Obtain records and other information related to the"suit";and Page 8 of 16 O ISO Properties, Inc.,2006 CG 00 01 12 07 0 (b) Conduct and control the defense ofthe 2. Each of the following is also oninsured: indemniteein such 'suit" , m- Your"volunteer rkero So long as the above conditions are met, ottop duties related to the conduct of your business, noys' fees incurred by mm in the defense of that in- or your "employees", other than either your damnitea, necessary litigation expenses incurred "oxooutive officers" (if You om an organization by um and necessary hiUgatimn expenses incurred other than a partnership,joint venture orlimited by the imdemnitee at our request will be paid as liability company) or your menoOora (if you are Supplementary Payments. Notwithstanding the e limited liability oompany), but only for cts provisions uf Paragraph 2b(2) oof ov- within the scope of their employment by you or erogw A — Bodily Injury And Property Damage Li' while performing duties related to the conduct ebUity, such payments will not be deemed to be of your business, Howeuer, none of these "nmn- dmmagen for"bodily injury"and "property damage" ployeee', or "volunteer workers" one insureds and will not reduce the limits Vfinsurance. fox: Our obligation to defend an [nmured's indemnitee (1) "Bodily injury" or "personal and advertising and to pay for attorneys'fm d necessary liti injuryr: """ "°p"' s== as Supplementary (a) To you, to your partners or members when we have used up the applicable limit of in- you are a partnership or joint venture), surance in the payment of judgments or settle- to your members (if you are a limited li- terms ofthe �� deuohbmd � Paragraph f. ability-' i � —`'—~'^ — [ his abpve. aremobnQermet while ' --ployment or performing duties related to SECTION N—WHO|S AN INSURED the conduct of your business, ortoyour 1. If you are designated in the Declarations as: other"volunteer workers" while perform- ing duties related to the conduct of your a. An individual, you and your spouse are immup business; eda, but only with respect 10 the conduct of (b) To spouse, child, parent, brother or sister of that co-"employee"bmoimeasofwhio�yoummathaau|omwnur� ' ' ' or ^vo|un- b. A partnership or joint wenture, you are an in- teermmdmr' as a consequence of Pum* ourod. Your members, your pmrtnam, and their graph (1)(a)above; spouses are also inxmnadu, but only with na' m�ect1o1h��unduc$ofyourbuaimeas� (�) For which there is any obligation 0z share damages with or repay someone c. A limited liability company, you are on insured. else who must pay damages because of Your members are also ineunadn, but only ith the injury described in Paragraphs (1)(arespect»am�� to the conduct of your business. Your or(b)above; or managers are inmuredm, but only vvth respect to their duties am your managers. (d) Arising out of his or her providing or d. An organization other than m partnership, to.joint i provide professional health nano services. venture or |imRad liability company, you are am , insured. Your "executive officers" and directors (2> Pm9*�ydamage"@o property: are insureds, but only with respect 0o their du' (a) Owned, occupied or used by, des as your offimana or directors. Your stock. (b) Rented tu, in the care, custody or con- holders are also inmuredn, but only with respect <n/| of, or over which physical control is tq their|iab[|itymestockholders, being exercised for any purpose by e. Atmat' you are an insured. Your trustees are you, any of your "employees", '\m|onheor also insureds, but only with respect to their du- wprkere',' any partner or member(if you are ties aotrustees. m partnership or or any mem- ber(ifymuanea |inmitod |iabihtyuompany). CG 00 01 12 07 V ISO Properties, Inc., 2006 Page 9 of 16 b. Any person (other than your "employee" or 3. The Products-Completed Operations Aggregate volunteer worker"), or any organization while Limit is the most we will pay under Coverage A for acting i as your real estate manager. damages because of "bodily injury" and "'property c. Any person or organization having proper damage" included in the "products-completed op- temporary custody of your property if you die, erations hazard". but only: 4. Subject to Paragraph 2. above, the Personal and (1) With respect to liability arising out of the Advertising Injury Limit is the most we will pay un- maintenance or use of that property; and der Coverage B for the sum of all damages be- cause of all "personal and advertising injury" sus- (2) Until your legal representative has been tained by any one person or organization. appointed. 5. Subject to Paragraph 2. or 3. above, whichever d. Your legal representative if you die, but only applies, the Each Occurrence Limit is the most we with respect to duties as such. That represen- will pay for the sum of: tative will have all your rights and duties under a Damages under Coverage A; and this Coverage Part. 3. Any organization you newly acquire or form, other b• Medical expenses under Coverage C than a partnership, joint venture or limited liability because of all "bodily injury" and "'property dam- company, and over which you maintain ownership age"arising out of any one"occurrence", or majority interest, will qualify as a famed In- 6, Subject to Paragraph 5. above, the Damage To cured if there is no other similar insurance avail- Premises Rented To You Limit is the most we will able to that organization. However: pay under Coverage A for damages because of a. Coverage under this provision is afforded only ".property damage" to any one premises, while until the 90th day after you acquire or form the rented to you, or in the case of damage by fire„ organization or the end of the policy period, while rented to you or temporarily occupied by you whichever is earlier, with permission of the owner. b.. Coverage A does not apply to"bodily injury" or 7. Subject to Paragraph 5. above, the Medical Ex- „property damage" that occurred before you pense Limit is the most we will pay under Cover- acquired or formed the organization; and age C for all medical expenses because of"bodily c, Coverage B does not apply to "personal and injury"sustained by any one person. advertising injury" arising out of an offense The Limits of Insurance of this Coverage Part apply committed before you acquired or formed the separately to each consecutive annual period and to organization. any remaining period of less than 12 months, starting No person or organization is an insured with respect with the beginnings of the policy period shown in the to the conduct of any current or past partnership,joint Declarations, unless the policy period is extended v after issuance for an additional period of less than 12 venture or limited liability company that is not shown as a.Named Insured in the Declarations. months. In that case, the additional period will be deemed! part of the last preceding period for purposes SECTION III—LIMITS OF INSURANCE of determining the Limits of Insurance, 1, The Limits of Insurance shown in the Declarations SECTION IV—COMMERCIAL GENERAL LIABILITY and the rules below fix the most we will pay re- CONDITIONS gardless of the number of: 1. Bankruptcy a. Insureds, Bankruptcy or insolvency of the insured or of the b. Claims made or"suits'" brought;or insuredi's estate will not relieve us of our obliga- c. Persons or organizations making claims or tions underthis Coverage Part. bringing"suits". 2.. Duties In The Event Of Occurrence,Offense, 2. The General Aggregate Limit is the most we will Claim Or Suit pay for the sum of: a. You must see to it that we are notified as soon a. Medical expenses under Coverage C; as practicable of an "occurrence"or an offense b. Damages under Coverage A, except damages which may result in a claim. To the extent pas because of"bodily injury"or"property damage" Bible, notice should include: included in the "products-completed operations (1) How, when and where the "occurrence"' or hazard"; and offense took place, c. Damages under Coverage B. (2) The names and addresses of any injured persons and witnesses; and Page 10 of 16 0ISO Properties, Inc.„2006 CG 00 01 12 07 CI (3) The nature and location of any injury or 4. Other|nsuramce dennoQe ahe|nQ out of the "occurrence" or If other valid and ooUeuUblIe insurance is available offense. to the insured for o |oao we cover under Cover- b. |fo claim im made or "euit' io brought against ages AmrB of this Coverage Part, our obligations any insured, you must: are limited oefollows: (i) Immediately record the specifics of the o^ Primary Insurance claim or^mu|t'and the date moeivadand ' This insurance is primary except when Para- (2) Notify ueeosoon as pmuobomb|e. graph b. below applies. If this insurance is pri' You must see to it that we receive written no- nnmry, our obligations are not affected on|emm doe of the o|m[m or "suit" as soon as practice any of the other insurance is also primary. ' b|e. Then we will share with all that other insur- ance by the method described in Paragraph c. o. You and any other involved insured must: beVow. (1) Immediately send mm copies of any de' b. ExceaeUnsunanoe mamdn, notioee, summonses or legal pa- pens reoe�ved in connection with the claim (1) Thiaimaunanee(e*xomomov*r or"suit"; (a) Any of the other insurance, whether (2) Authorize as to obtain nanonda and other Primary, oxuema, contingent or on any other basis: information; CD Cooperate with us in the investigation or (i) That is Fine. Extended Coverage, settlement of the claim or defense Risk, |n�aDatinn Risk or enoo against the^auit` and similar coverage for"your woxK'; MU Assist uu, upon our requast, in the om' (i|) That is Fire insurance for premises foroement of any right against any person rented 10 you or temporarily mocw- nr organization which may be |imb|* to the pied by you with permission of the insured because of injury or damage to � which this insurance may also apply. (III) That is insurance h d by you - — ' � cover �""' °a""'` =' "'" "",d. No insured viU. except et that inaoed'mown . damage" to cost, voluntarily make - payment, ^ -b|��--' - incur -'�� ma. other rented to you or temporarily 000u first aid,without our consent. pied by you with permission of the 3. Legal Action Against Us owner; or (iv) If the |nem arises out of the mainte- No person or organization has a right under this nence or use of aircraft. "autos" or Coverage Part: watercraft 10 the extent not subject to a. To join um as a party or otherMse bring us into Exclusion g. of Section | - Coverage a"euif'asking for damages from an insured; or A- Bodily Injury And Property Dam- b. To sue us on this Coverage part mm[ee» all of age Liability. its terms have been fully complied with. (b) Any other primary insurance available to A person or organization may sue umto recover on you ~~`~''''g liability~ ^ for ~~^'~ge~ ~' '` en agreed settlement or on m final judgment ing out nf�e premises onzpe��one' or against an inmured� but we will not be liable for the products and oomp|etadope�tion* ' damages that any not payable under the terms of for which you have been added as an this Coverage Part additional insured bya�aohmen1ofmm "- p|iceb[e limit of insurance. An agreed settlement endorsement, means a settlement and ne|een* of liability signed (2) When this insurance is oxceum,we will have by ue, the insured and the claimant or the o|a|m' no duty under Coverages A or B1odefend ant's legal representative. the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer du- handm, we will undertake to do wo, but we will be entitled to the insunmd'a rights against all those other insurers. CGO0D112,07 VD ISO Properties, |nc.2O00 Page 11of1R 13 (3) When this insurance Is excess over other c. We have issued this policy in reliance upon Insurance, we will pay only our share of the your representations. amount of the loss, if any, that exceeds the 7, Separation Of Insureds sum of: Except with respect to the Limits of Insurance, and (a) The total amount that all such other any rights or duties specifically assigned in this insurance would pay for the loss in the Coverage Part to the first Famed Insured, this in- absence of this insurance; and surance,applies: (b) The total of all deductible and self- a. As if each Named Insured were the only insured amounts under all that other in- Named Insured; and surance. 4 We will share the remaining loss, if an b. Separately to each insured against whom claim ( ') g Y, is made or suit is brought.. with any other Insurance that is not de- scribed in this Excess insurance provision g• Transfer Of Rights Of Recovery Against Others and was not bought specifically to apply in To'Us excess of the Limits of Insurance shown in If the Insured has rights to recover all or part of the Declarations of this Coverage Part. any payment we have made under this Coverage c. Method Of Sharing Part, those rights are transferred to us. The in- sured must do nothing after loss to impair them.At If all of the other insurance permits contribution our request, the insured will bring "suit" or transfer by equal shares, we will follow this method those rights to us and help us enforce them. also. Under this approach each insurer con- tributes equal amounts until it has paid its ap- plicable limit of insurance or none of the loss If we decide not to renew this Coverage Part, we remains,whichever comes first. will mail) or deliver to the first Named Insured If any of the other insurance does not permit shown in the Declarations written notice of the contribution by equal shares, we will contribute nonrenewal not less than 30 days before the expi- by limits, Under this method, each insurer's ration date. share is based on the ratio of its applicable If notice is mailed, proof of mailing will be sufficient limit of insurance to the total applicable limits of proof of notice. insurance of all insurers. SECTION V—DEFINITIONS 5. Premium Audit 1. "Advertisement" means a notice that is broadcast a. We will compute all premiums for this Cover- or published to the general public or specific mar- age Part in accordance with our rules and ket segments about your goods„ products or ser- rates. vices for the purpose of attracting customers or b. Premium shown in this Coverage Part as supporters. For the purposes of this definition: ad- vance premium is a deposit premium only. At a. Notices that are published include material the close of each audit period we will compute placed on the Internet or on similar electronic the earned premium for that period and send means of communication;and notice to the first Named Insured. 'The due date b, Regarding web-sites, only that part of a web- for audit and retrospective premiums is the site that is about your goods, products or ser- date shown as the due date on the bill. If the vices for the purposes of attracting customers sum of the advance and audit premiums paid or supporters is considered an advertisement.. for the policy period is greater than the earned premium, we will return the excess to the first 2, "Auto"means: Named Insured, a. A land motor vehicle, trailer or semitrailer de- c, The first Named Insured must keep records of signed for travel on public roads, including any the information we need for premium computa- attached machinery or equipment; or tion, and send us copies at such times as we b. Any other land vehicle that is subject to a come- may request. pulsory or financial responsibility law or other 6. Representations motor vehicle insurance law in the state where By accepting this policy,you agree: it is licensed or principally garaged. a. The statements in the Declarations are accu- However, "auto" does, not include "mobile equip- rate and complete; ment". b. Those statements are based upon representa- tions you made to us; and Page 12 of 16 0 ISO Properties, Inc.,2006 CC 00 01 12 07 � 3. "Bodily injinjury, sickness or 9. "Insured contract" means: disease sustained by a person, including death e+ a. A contract lease o �oe cd premises. However,su|t|ng �ommny/fLheseatanybme. that portion cf the contract for a lease ofpoam- 4. "Coverage territory" means: ieea that indemnifies any person arorgonizo- a. The United Sbetma of America (including its don for damage by fire to premises while territories and possessions), Puerto Rico and n*nhad to you or temporarily occupied by you Canada; with permission of the owner is not an "insured contract` b. International waters or airspace, but only ifthe ; injury mr damage occurs im the course oftravel b. A sidetrack agreement; or transportation between any places included c. Any easement nr license m0remment. except in in Paragraph m. above; or connection with construction or demolition op- c. Ail other parts of the world if the injury or dam- e�domoonorvhhimSUfeetof�nei|road; age arises out of: d. An obligation, as required by ordinance, 0o (1) Goods or products made oruo|d by you in indemnify m municipoUty, except in connection the territory described in Paragraph a. with work for amunicipality; above; e. An elevator maintenance agreement; (2) The activities of person whose home is in t That part of any other contract or agreement the territory domuhbed in Paragraph a pertaining to your business mbnve, but is away for m short time omyour domnnifinudnn of w mum�oipm|ity in connection business; or with work performed for e municipality) under (3) ''Pomonm| and advertising injury" offenses which you moeom* the hurt liability of another that take p�moe through the Internet or eimi' party to pay for"bodily injury"or"property dom' lmro|ootrnmkcmeameofnonmmun|oaUon age" to a third person or organization, Tort Ii- ability mmmmo o liability that would be imposed provided the insurad'a responsibility 0o pay dam- contract law in the absence of any �on� oL or ages im determined ina ^mmit' on the merits, in the agreement. territory described in Paragraph a. above orin a settlement wm agree to. Paragraph t does not include that pert of any 6. ,Em~ "'Em-/ includes a ^eamod worker". contract oragreement: p|oy .' dooao�1imu|ud�a'��nAonarywur���' (1) That indemnifiema railroad for"bodily hnjur " � "property d 'e" arising out of con- 6. "Executive officer" means a person holding any of struction ordemolition operations, within 50 the officer positions created by your uhauer, con- feet of any railroad property ~ nUtutinn, by-laws or any other similar governing any railroad bridge tracks, road- document. bedx,tunnel, underpass or crossing; 7 ~Hoab� fire" means one which becomes uncon- ' (2) That indemnifies an amhdeo , engineer troUeb|e or breaks out from where it was intended surveyor for injury ur damage orisi out of: to be. ~ (a) Preparing, approving, or failing to pre- 8.8. "Impaired property, other pare or approve, maps, shop drawings, than "your product" or"your vvuUk'. that cannot be opimomm, reportm, aumeys, field on1em, used or is less useful because: change orders or drawings and npecifi' a. It incorporates 'your product" or 'your work" cations; or that is known or thought to be defective, defi- (b) Giving directions or inatmutionm, or cion1, inadequate ordangerous; or failing to give thom, if that is the primary b. You have failed to fulfill the terms ofacontract cause cf the injury or damage; or or agreement-, (3) Under which the insured, if an mrchitect. J such property can be restored to use by the re- engineer or surveyor, assumes |iabNiiy for pair, replacement, adjustment or removal of 'your an injury or damage arising out of the in- product" or "your work"\or yourfu|fiU|ng the terms mured's rendering or failure to render pro- of the contract or agreement. fesuiomai ueuiceo, including those listed in CQ above and supervisory, inupmction, ap nhihacturm|orenginearinQ activities. CG0U01 1207 C ISO Properties, lnu. 2OO8 Page 13of10 O 10,."Leased worker" means a person ]eased to you by However, self-propelled vehicles with the fol_ a labor leasing firm under an agreement between ]owing types of permanently attached equip- you and the labor leasing firm, to perform duties ment are not "mobile equi'pment'" but will be related to the conduct of your business. "Leased considered"autos worker"does not include a"temporary worker". (1) Equipment designed primarily for: 11."Loading or unloading means the handling of (a) Snow removal; property. a. After it is moved. from the lace where it is (b) Road maintenance, but not construction p or resurfacing; or accepted for movement into or onto an aircraft, (c) Street cleaning; watercraft or"auto''; b. While it is in or on an aircraft, watercraft or ( ) Cherry pickers and similar devices mounted "'auto or on automobile or truck chassis and used to c. While it is being moved from an aircraft, water, raise or Mower workers; and craft or"auto"to the place where it is finally de- (3) Air compressors, pumps and generators, livered'; including spraying, welding, building clean- but "loading or unloading" does not include the clean- ing, geophysical exploration, lighting and g g well servicing equipment. movement of property by means of a mechanical device, other than a hand truck, that is not at- However, "mobile equipment" does not include Cached to the aircraft,watercraft or"auto". any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehi'- 12. Mobile equipment means any of the following cle insurance law in the state where it is licensed types of land vehicles, including any attached ma, or principally garaged. Land vehicles subject to a chinery or equipment: compulsory or financial responsibility law or other a. Bulldozers, farm machinery, forklifts and other motor vehicle insurance law are considered vehicles designed for use principally off public "autos". roads; 13,"Occurrence" means an accident, including con- b. Vehicles maintained for use solely on or next to tinuous or repeated exposure to substantially the premises you own or rent; same general harmful conditions. c. Vehicles that travel on crawler treads; 14."Personal and advertising injury" means injury, d. Vehicles, whether self-propelled or not, main- including consequential "bodily injury", arising out tained primarily to provide mobility to perma- of one or more of the following offenses: nently mounted: a. False arrest,detention or imprisonment; (1) Power cranes, shovels, loaders, diggers or b. Malicious prosecution; drills; or c. The wrongful eviction from, wrongful entry into, (2) Road construction or resurfacing equipment or invasion of the right of private occupancy of such as graders,scrapers or rollers; a room, dwelling or premises that a person oc- e. Vehicles not described in Paragraph a., b., c, copies, committed by or on behalf of its owner, or d. above that are not self-propelled and are landlord or lessor; maintained primarily to provide mobility to per- d. Oral or written publication, in any manner, of manently attached equipment of the fallowing material that slanders or libels a person or or- types: ganization or disparages a person's or organl- (1) Air compressors, pumps and generators, nation's goods, products or services; including spraying, welding, building clean- e. Coral or written publication„ in any manner„ of ing, geophysical exploration, lighting and material that violates a person's right of pri- well servicing equipment;or vary; (2) Cherry pickers and similar devices used to f. The use of another's advertising idea in your raise or lower workers; °advertisement"; or f. Vehicles not described in Paragraph a., b., c. g. Infringing upon another"s copyright, trade dress or d. above maintained primarily for purposes or slogan in your"advertisement". other than the transportation of persons or cargo. Page 14 of 16 Q ISM} Properties, Inc., 2006 CG 00 01 12 07 15,"Pollutants" solid, liquid, b. Loss of use of tangible property that is not thermal |n&emt or contaminant, including smoke, physically injured. All such |usm cf use shall be *mpor, uoot, fumeu, acido, a|ka|ie, chemicals and deemed to occur at the time of the "occur- waste. Waste includes materials to be reoyu|md, mnmy"that caused it. reconditioned orreclaimed. For the purposes of this insurance, electronic data 18."Pmduds'oomp|eted operations hmzmrd"% ia not tangible property. a. Includes all '`bodily injury" and "property dam- As used in this definition, electronic data means age"occurring away from premises you own cr infbrmohimn, facts or programs stored as or on, rent and arising out of "your product" or "your omotod or used on, or transmitted 10 or from oom' work"ex*apt putersoftwaoe. including systems and applications (1) Products that are still in your physical pom- softwmne, hard or floppy disks, COROMS tapes, session; or drivee, cells, data processing devices or any other media which are used with electronically controlled (2) Work that has not yet been completed or equipment. abandoned. However, "your work" will be civil di i which damages deemed completed d 18',.Suit' means a edat1heeaio�� of�heYo|' lowing times: because of "bodily i '. "property damage" or "personal and advertising i vvhiuhth� |n- (a) When mN of the work called for in your nurmoo*applies are aUegmd.:'B'it' inc|udey� contract has been completed. u. An arbitration proceeding in which such dam- (b) When all of the work to be done at the ages are oWmed and to which the insured job site has been oompieted if your con- must submit or does submit with our tract calls for work at more than one job or site. b. Any other alternative dispute resolution pro' (u) When that part pf the work done mtmjob ceeding in which such damages are claimed site has been put to its intended use by and to which the insured submits with our con- any person or organization other than nont another contractor or subcontractor working on the same project. 19^.TemPo:mrymmrknf means a person who is fur- nished to you to substitute for permanent "em- Work that may need oomice, mm�nhenamco. p|oyem"on leave or to meet seasonal mrshort-term ounmobmm, repair or nmp|aoement, but which workload conditions. is otherwise comp|ete, will be treated as oomp|eVo�� 2�.^'Vo|un1eer worker" means e person who is not your ' .employee^. and who donates his nr her work h. Does not include ~bodRy injury" or "property and acts sd the direction of and within the scope of damage"arising out of: duties determined by you, and is not paid e fem. (1) The transportation of property, mm|eoa the salary or other compensation by you or anyone injury or damage arises out ufa condition in else for dholr work performed for you. or on axmhide not owned or operated by 21."Your pmduct'� you, and that condition was created by the "loading Qorun|medinQ° of�hatuehio|ebyany ' uxmanm'' insured; (1) Any goods or productu, other than mam| (2) The existence of too|a, unin«*s|led equip- pmperty, mamohactuned, eo|d, handled, diu- mentor abandoned or unused materials; or Wbuhador disposed nfby: (3) Products pr operations for which the o|oss�' (a) You; fioaUom. listed in the Declarations or in m (b) Others trading under your name; or policy 1a1ea th�� products- (n) A person or organization vvhonn buai' uump|eted operations are uuNect to the m*mso/assets you have acquired; and General Aggregate Limit, (2) Containers em). materiaXa 17.^Pmpedy damage" means: in connection a. Physical injury to tangible pmp*dy, including with such goods orproducts. all naau|UnQ |n*m of use of that property. All b. Includes: such bmm of use shall be deemed to occur at the time of the physical injury that caused it; or (1) Warranties ur representations made ekany time with neapoNL to the fitneum, qumfty, du- rability, performance or use of "your prod- uct"; and CG 00 01 12 07 0 ISO Properties, Inc., 2006 Page 15 of 16 El (2) The providing of or failure to provide warn- ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth- ers but not sold. 22."Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your work", and (2) The providing of or failure to provide warn- ings or instructions. Page 16 of 16 0 ISO Properties, Inc., 2006 CG 00 0112 07' D SENECA SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISCELLANEOUS EXCLUSIONS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 1. SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2.Exclusions are amended and the following are added: USL&H,JONES ACT and MARITIME EXCLUSION This insurance does not apply to "bodily injury", "property damage" or"personal and advertising injury" arising out of or resulting from: (1) operations over navigable waters or offshore including but not limited to drilling and production platforms, pipelines, and vessels; or (2) direct or indirect actions including but not limited to subrogation involving U.S. Longshore & Harbor Workers Compensation Act(USL&H),Merchant Marine Act("Jones Act")or other maritime laws and any amendments to those laws, EXCLUSION-PROFESSIONAL SERVICES This insurance does not apply to"bodily injury","property damage"or"personal and advertising injury"arising out of or resulting fi-om the rendering or failure to render any "professional service" except by endorsement to this policy and then only to the extent of such endorsement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. SB024-0609 Includes copyrighted material of ISO Properties,Inc., Page] of I with its permission, SENECA SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, HAZARDOUS MATERIALS EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, f. and SECTION I — COVERAGES, COVERAGE B PERSdI°+1'AL AND ADVERTISING I1wJURY LIABILITY,2.Exclusions,n.and m. are replaced by the following: This insurance does not apply to: Hazardous Materials (1) "Bodily injury", "property damage"or"personal and advertising injury"which would not have occurred in whale or part but for the actual, alleged or threatened discharge,dispersal,seepage,migration,release or escape of"hazardous materials"at any time. (2) Any loss,cost or expense arising out of any: (a) Request,demand,order or statutory or regulatory requirement that any insured or others test for,monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of"hazardous materials";or (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up; removing, containing, treating, detoxifying or neutralizing, or in any way responding to,or assessing the effects of"hazardous materials" (3) Any obligations to share damages with or indemnify another party whom must pay damages because of injury or damage relating to"hazardous materials" (4) Any supervision,instructions,recommendations,warnings or advice given or which should have been given in connection with paragraphs(1),(2),or(3)above. This exclusion applies whether or not such"hazardous materials)" has any function in your business.,operations, premises,site or location. B. SECTION V—DEFINITIONS is amended and the following added: "Hazardous materials"means "Pollutants", lead,asbestos, silica and materials containing them. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. %r SB022-0609 Includes copyrighted material of Insurance Services Office,Inc., Pagel of 1 with its permission. IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LI'ABILIT'Y COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PANT POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: C. Under any Liability Coverage, to "bodily injury", A. Under any Liability Coverage„ to "bodily injury" or "property damage" resulting from '"hazard- or"property damage": ous properties"' of"'nuclear material" if: (1) With respect to which an "'insured" under (1) The"ruclear material" (a) is at any"nuclear the policy is also an insured under a nu- facility" owned by, or operated by or on be- clear energy liability policy issued by Nu- half of, an "insured" or (b) has been dis- clear Energy Liability Insurance Associa- charged or dispersed therefrom; tion, Mutual Atomic Energy Liability (2) The "nuclear material" is contained in Underwriters„ Nuclear Insurance Associa- '"spent fuel" or "waste" at any time pos- tion of Canada or any of their successors, sessed, handled, used, processed, stored, or would be an insured under any such pol- transported or disposed of, by or on behalf icy but for its termination upon exhaustion of an "insured"; or of its limit of liability; or (3) The "bodily injury" or "property damage" (2) Resulting from the "hazardous properties" arises out of the furnishing by an "insured" of "nuclear material" and with respect to of services, material's, parts or equipment in which (a) any person or organization is re- connection with the planning, construction, quired to maintain financial protection pur maintenance, operation or use of any "nu- suant to the Atomic Energy Act of 1954, or clear facility", but if such facility is located any law amendatory thereof, or (b) the "in- within the United States of America, its terri- sured" is, or had this policy not been issued tories or possessions or Canada, this ex- would be, entitled to indemnity from the clusion (3) applies only to "property dam- United States of America, or any agency age" to such "nuclear facility" and any thereof, under any agreement entered into property thereat. by the United States of America, or any 2. As used in this endorsement: agency thereof, with any person or organi- zation. Hazardous properties" includes radioactive, toxic B. Under any Medical. Payments coverage, to or explosive properties. expenses incurred with respect to "bodily in- "Nuclear material" means "source material", "spe- jury" resulting from the "hazardous properties" cial nuclear material"or"by-product material" of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. IL 00 21 09 08 0 ISO Properties, Inc., 2007 Page 1 of 2 D / �~ | "Source material". "special nuclear material", and (c) Any equipment or device used for the "ry-prodwc\ material" have the meanings given eaumg' fabricating or alloying of them in the Atomic Energy Act mf 1954 or in any nuclear material" if at any time the total law amendatory thereof. amount ofSuch mate/|m| in the custody of "Spent fuel" means any fuel element or fuel oom- the "insured" a� the premises where such pomant solid or|�gm�d which has been used or ex- equipment or device is located consists of ^ , " or contains more than 25 grams of p1uto- poned�oned|atimn in o',nucCearraacto' ' niwnm or uranium 233 or any combination 'Waste" means any wmeh* material (a) containing thereof, or more than 250 grams of uranium ~~ "by-product material" other than the tailings or 235; wastes produced by the extraction mr concentra- tion ofunmniumortborimmfrononyom»p«ooeamed (d) Any structure, basin, excavation, premises ur place prepared ormoedfor`hestmnageor primarily for its "source material" content, and (b) disposal of"waste". resulting from the operation by any person or or- ganization ofaoy ,nmdemrfaciNty'|nclodedunder and includes the site mm which any mfthe foregoing the first two paragraphs of the definition of "nu- is located, all operations, conducted on such site clear facility". and all premises used for such operations, "WudeartouUit�"mommo� "'Nmo|eanroo��or° means any apparatus designed ~- or used to sustain nuclear Dmaiom in m self- (a) Any"nuclear neaotor'; supporting chain reaction or to contain a critical �~ (b) Any ipment or device designed or used mass mf fissionable material. for("separating ~the isotopes~^ uranium`^ "� damage" includes all form� ufoadiumo- | uU|�� '"p� plutonium, -''� — = - �veco��m�n�Nomc�pm�o�y fuel", hon�Um� processing � //' wv ' packag- ing .� � 'j .� W� W� Page 2 of 2 0 ISO Properties, Umc,, 2007 |L00 21 09 08 O � COMMERCIAL GENERAL LIABILITY CG 21 07 12U4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE, READ |TCAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the Vo|lmwing� COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion in added toParagraph 2. B. The following exclusion is added toParagraph 3. Exclusions of Section | — Coverage A — Bodily Exclusions of Section | Coverage B — Per- Injury And Property Damage Liabihty: momm|An6 Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not app|yto� Fungi grBacteria Fungi DrBacteria a. "Bodily injury" or "property damage" which m. "Personal and advertising injury" which would not have occurred, in whole orin part, would not have taken plaoe, in whole or in but for the actual, alleged or threatened in' pad, but for the motua|, alleged or threat- halation of, ingestion of, contact with, expo- ened inhalation of, ingestion of, contact sure 1m, existence nf, or presence of. any with, exposure to, existence of, orpresence "h/ngi" or bacteria onur within a building or of any 'fun0i^ or bacteria onur within e structure, including its contents, regardless building or stmn1urm, including its contents, uf whether any other cause, event, material magapd|oee of whether any other cause, or product contributed concurrently ur[n any event` material or product contributed con- sequence to such injury or damage. currently or in,any sequence ho such injury. b Any loss, cost ur expenses arising out ofthe 6. Any loss, cost or expense arising out ofthe abating, testing for, monitoring, cleaning testing for monitoring, cleaning removing, containing, treating, detoxifying, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or neutralizing, remediating or disposing of, or in any way responding to, or assessing the in any way responding to, or assessing the effects of, "fungi"or bacteria, by any insured effects of, "fungi"or bacteria, by any insured or by any other person or entity. or by any other person or entity. This exclusion does not up�p|y to any 'YomQi" or C. The following definition is added to the Definitions bacteria that are, are on, or are contained in. a Section: good or product intended for bodily oonmump- "Fungi" means a ^ ty' or form uJfun� ' ino|ud' tiom� |nA mold or mildew and any mycotoxins, spares, scents or byproducts produced or released by fungi. CG 21 67 12 04 9)ISO Properties, Inc., 2003 Page I of I Z"? COMMERCIAL GENERAL LIABILITY CG 2147 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., B. The following exclusion is added to Paragraph 2., Exclusions of Section I Coverage A — Bodily Exclusions of Section I — Coverage B — Per- Injury And Property Damage Liability: sonal And Advertising Injury Liability: This insurance does not apply to: This insurance does not apply to: "'Bodily injury"to: "Personal and advertising injury„to: (1) A person arising out of any: (1) A person arising out of any: (a) Refusal to employ that person; (a) Refusal to employ that person; (b) Termination of that person's employment; (b) Termination of that person's employment; or or (c) Employment-related practices, policies, (c) Employment-related practices, policies, acts or omissions, such as coercion, demo- acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, tion, evaluation, reassignment, discipline„ defamation, harassment, humiliation, d'is- defamation, harassment, humiliation, dis- crimination or malicious prosecution dl- crimination or malicious prosecution di- rected at that person; or rested at that person; or (2) The spouse, child, parent, brother or sister of (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" that person as a consequence of"personal and to that person at whom any of the employment- advertising injury" to that person at whom any related practices described in Paragraphs (a), of the employment-related practices described (b),or(c)above is directed. in Paragraphs(a),(b),or(c) above is directed. This exclusion applies: This exclusion applies: (1) Whether the injury-causing event described In (1) Whether the injury-causing event described in Paragraphs (a), (b) or(c) above occurs before Paragraphs (a), (b) or(c) above occurs before employment, during employment or after em- employment, during employment or after em- ployment of that person; ployment of that person; (2) Whether the insured may be liable as an em- (2) Whether the insured may be liable as an em- ployer or in any other capacity; and player or in any other capacity; and (3) To any obligation to share damages with or (3) To any obligation to share damages with or repay someone else who must pay damages repay someone else who must pay damages because of the injury. because of the injury. CG 2,147 12 07 0 ISO Properties, Inc., 2006 Page 1 of 1 POLICY NUMBER : 8AG4032229 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |TCAREFULLY. �����K��U�����U �����U0������ �~ ������������ ���� LESSORS ��� ������uwx��u����� mu�����m��~�~ x�u��m�������o��p ��n� m=u~������a�*� ��o PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL L|ABVL|TY COVERAGE PART SCHEDULE 1. Designation of Premises (Part Leased toYou): Pier M0,Clearwater,FL 2. Name of Person or Organization (Addifionm| Insured): City of Clearwater Parks 1QOS Myrtle Ave CLEARVVATER. FL33756 3.Additional Premium: $ 0.00 (If no entry appears above, the information required to complete this endorsement will be shown in the Declara- tions asmpp|inmb|mtuthiemndmnoemontl WHO IS AN INSURED (Section ||) ie amended tn include euen insured the person or organization shown in the Schedule but only with respect to liability arising out ofthe ownership, maintenance ur use o/that part oJthe prernises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to� 1. Any"occurrence"which takes place after you cease to be a tenant in that premises. 2. Structural a|bamotiona, new construction or demoltion operations performed by or on behalf ofthe person or or- ganization shown in the Schedule. CG 20 11 01 98 Copyright. Insurance Services Office, Inc., 1094 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY". PLEASE READ IT CAREFULLY. EXCLUSION - INTERCOMPANY PRODUCTS SUITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PANT PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART This insurance does not apply to any claim for damages by any Named Insured against another Named Insured because of"bodily injury" or"property damage" arising out of"your products" and included within the "products- completed operations hazard." CG 2141 11 85 Copyright, Insurance Services Office, Inc., 1984, page 1 of 1 0 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PRODUCTS-COMPLETED OPERATIONS HAZARD This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIAMLITY COVERAGE PART. This insurance does not apply to "bodily injury" or "property damage" included within the "'products-completed operations hazard". CG 21 04 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 SENECA SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY TOTAL LIQUOR LIABILITY" EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2.Exclusions,c.is deleted and replaced with the following; This insurance does not apply to; c.Liquor Liability "Bodily injury or"property damage"for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol;or (3) Any statute,ordinance or regulation relating to the sale,gift,distribution or use of alcoholic beverages. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. SB003-0609 Includes copyrighted material of ISO Properties,Inc., Pagel of I with its permission. SENECA SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WEAPONS EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.Exclusions,c.is amended and the following is added: Use of Weapons This insurance does not apply to"bodily injury","property damage"or"personal and advertising injury" - arising out of or resulting from the possession, ownership,maintenance,use of or threatened use of a lethal weapon,including but not limited to firearms by any person. ALL OTHER TERMS AND CONDITIONS,OF THE POLICY REMAIN UNCHANGED. SBO07-0609 Pagel of 1. SENECA SPECIALTY INSURANCE l.J RAl.CE C'l llY PA. Y THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ANIMAL LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2.Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY,2,Exclusions are amended and the following added:. Liability for Animals This insurance does not apply to "bodily injury" "property damage" or"personal and advertising injury"arising out of or resulting from any animal. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U SBO15-0609 Includes copyrighted material of Insurance Services Office,Inc., Pagel of 1 with its permission. IJI SENECA SPECIALTY INSUIIANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFIED ACTS OF TERRORISM AND OTHER ACTS OF TERRORISM EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART A. The following exclusion is added: This insurance does not apply to: TERRORISM AND PUNITIVE DAMAGES "Any injury or damage" arising,directly or indirectly, out of: (1) "Certified acts of terrorism" or "other acts of terrorism", including any action taken in hindering or defending against an actual or expected incident of "certified acts of terrorism" or "other acts of terrorism"'; or (2) Any act of terrorism: (a) that involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or (b) that is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or (C) in which pathogenic or poisonous biological or chemical materials are released,and it appears that one purpose of the terrorism was to release such materials; regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage in(1)or(2)above; including (3) Damages arising,directly or indirectly, out of(1)or(2)above that are awarded as punitive damages. B. Exclusion h. under Paragraph 2. Exclusions of SECTION I—COVERAGE C MEDICAL PAYMENTS does not apply. C. The following definitions are added to the DEFINITIONS Section:. For the purposes of this endorsement, "any injury or damage" means any injury or darnage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury", "'injury" or "environmental damage" as may be defined in any applicable Coverage Part, SB073-0609 Contains material C ISO Properties,Inc.,2.062 Page 1. of 2 with its per mission "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 of 2002. The federal Terrorism Risk Insurance Act of 2002 sets forth the following criteria for a"certified act of terrorism": a. The act resulted in aggregate losses in excess of$5 million; and b. 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 acting on behalf of any foreign person or foreign interest, 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. "Other act of terrorism"means a violent act or an act that is dangerous to human life,property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not certified as a terrorist act pursuant to the federal Terrorism Risk Insurance Act of 2002. Multiple incidents of an "other act of terrorism"which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. D. In the event of an act of terrorism,a "certified act of terrorism" or an"other act of terrorism"that is not subject to this exclusion,coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. SB073-0609 Contains material(0 ISO Properties,Inc.,2002 Page 2 of 2 with its permission SE A SPECIALTY INSURANCE COMPANY 'Tnis ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY IJMBRELI..,A COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EXCESS LIABILITY POLICY FARM COVERAGE PART FARM UMBREIA,A LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Corninon Policy Condition is replaced by the following: 2. Cancellation Of Policies In Effect a. For 90 Days or Less If this policy has been in effect.for 90 days or less,we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation,accompanied by the reason for cancellation,at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2)20 days before the effective date of cancellation if we cancel for any other reason,except we may cancel immediately if there has been: (a)A material misstatement or misrepresentation; or (b) A filih.We to COMPly With underwriting requirements established by the insurer. b. For More Than 90 Days If this policy has been in effect for more than 90 days and,we cancel this policy,we will mail or deliver to the first Named Insured written notice of cancellation,accompanied by the reason For cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of prerniujn; or (2)45 days before the effective date of cancellation if we cancel for any other reason. B. The following is added and supersedes any other provision to the contrary: NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver to the first Named Insured written notice of nonrenewal, accompanied by the reason for nonrenewal, at least 45 days prior to the expiration of this policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured's last mailing address known to us. If notice is mailed,proof of mailing wilt be Sufficient Proof Of notice. ALL OTHERTERMS AND CONDITIONS OFTFIE POLICY REMAIN UNCHANGED. SB513-0212 Contains material, copyright ISO Properties, Inc., 2001 Page 1 of 1 with its permission,