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COMMON POLICY DECLARATIONS (3) I RYA 1' I'i wµy I I VII�� E IYY VI U 1181�ECI A LT.Y. 510 Vonderburg Drive Suite 214 Brandon, FL 33511 Ph: 813-315-3020 www.rtspecialty.com Florida Face Page Insured's Name: Sunsets at Pier 60 Society, Inc Policy Number: BAG-1032229-2 Policy Dates: 9/7/2016 to 9/7/2017 Surplus Lines Agent's Name: Alan S. Goldfarb Surplus Lines Agent's Address: 510 Vonderburg Drive Suite 214, Brandon FL 33511 Surplus Lines Agent's License Number: A099212 Producing Agent's Name: Ken Kijowski Producing Agent's Physical Address: 4790 1st Street N 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' POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY." Premium: $1,330.00 TRIA/Terrorism: REJECTED Fees: Taxes: Brokerage Fee $35.00 Surplus Lines Tax $68.25 State Service Office Fee $2.05 Total Cost: $1,435.30 Surplus Lines Agent's Countersignature: 4 "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 BAG-1032229-2 COMPANY 160 Water Street RENEWAL OF: New York, NY 10038 BAG-1032229-1 1.NAMED INSURED AND MAILING ADDRESS: PRODUCER: Sunsets at Pier 60 Society,Inc. R-T Specialty,LLC,Florida DBA: 510 Vonderburg Drive,Suite 214 c/o Craig West-Bank of Tampa 200 Central Avenue BRANDON FL-33511 St Petersburg FL-33701 2.POLICY PERIOD:From 09-07-2016 to 09-07-2017 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 PARTS PREMIUM Commercial General Liability Coverage Part $ 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 $ 68.25 Policy Fee $ 35.00 Stamping Fee $ 2.05 Premium shown is payable at inception. Total Policy Premium: $1,435.30 4.FORMS APPLICABLE TO ALL COVERAGES: See Schedule of Forms and Endorsements—SB001 5.BUSINESS DESCRIPTION: sunset festivals Countersigned:08-31-2016 By: Date Timothy Turner Authorized 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. SURPLUS LINES INSURER'S POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY SB050-0609 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 Of 1 Copyright,Insurance Services Office,Inc.,1994 g SIFIHE ENECA COMPANNES IN WITNESS WHEREOF, the Company has caused this policy to be signed by its president and secretary and countersigned on the declarations page by a duly authorized representative of the company. "N � SECRETARY PRESIDENT 42-024 06 12 SENECA SPECIALTY INSURANCE COMPANY POLICY NUMBER: BAG-1032229-2 SCHEDULE OF FORMS AND ENDORSEMENTS NUMBER ED DATE TITLE FORMS APPLICABLE-COMMON POLICY DECLARATIONS SBO50 0609 Common Policy Declarations 42-024 0612 Signature Page SB001 0609 Forms List IL0017 1198 Common Policy Conditions SB558 0609 Minimum Premium SB560 0609 Service of Suit FORMS APPLICABLE-GENERAL LIABILITY COVERAGE SB049 0609 Commercial General Liability Coverage Part Declarations CG2139 1093 Contractual Liability Limitation CG0001 1207 Commercial General Liability Coverage Form SB024 0414 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 CG2011 0196 Additional Insured Managers or Lessors of Premises CG2104 1185 Exclusion Products Completed Operations Hazard SB003 0609 Total Liquor Liability Exclusion SB007 0609 Weapons Exclusion SB015 0609 Animal Liability Exclusion SB073 0115 Certified Acts Of Terrorism And Other Acts Of Terrorism Exclusion ANY APPLICABLE STATE FORMS SB513 0212 Florida Changes IL P 001 01 04 U.S.Treasury Department's Office of Foreign Assets Control("OFAC")Advisory Notice to Policyholders SB001-0609 Page 1 of 1 IL 00 17 11 98 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 first Named Insured shown in the Declara- and tions may cancel this policy by mailing or de- 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 Named Insured written notice surability and the premiums to be charged. We of cancellation at least: do not make safety inspections. We do not un- a. 10 days before the effective date of cancel- dertake 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. 30 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 first 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 4. 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 Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply cancel, the refund will be pro rata. If the first to any inspections, surveys, reports or recom- Named Insured cancels, the refund may be mendations we may make relative to certifica- 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 sell or regulations, of boilers, pressure ves- refund. els 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 Declara- B. Changes tions: 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. Your rights and duties under this policy may not C. Examination Of Your Books And Records 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. Make 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 Pagel 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"minimum earned premium"for this policy: Minimum Earned Premium This policy is subject to a"minimum earned premium"."Minimum earned premium"means the premium that is calculated as follows: I.The total policy premium as shown in the policy Declarations,plus 2.Any premium 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 I.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". 2.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 1003 8 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 forward process to the Company as shown above,or if required in his/her particular state,to a designated resident agent for service of process. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 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-1032229-2 NAMED INSURED: Sunsets at Pier 60 Society,Inc. DBA: 3.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 # NO. BASIS 1 Bazaars-operated by the insured-Not for 10132 Sales 151,000 $8.8100 Included $1,330 profit only Class Premium $1,330 ADDITIONAL INSURED No. Form Applicable Premium 1 CG 2011-Additional Insured Managers or Lessors of Premises $0 4.FORMS/ENDORSEMENTS APPLICABLE: TOTAL PREMIUM FOR $1,330 THIS COVERAGE PART* SEE SCHEDULE OF FORMS AND ENDORSEMENTS—FORM SB001 All charges for Additional Insured coverages are considered fully earned. *Subject to minimum premium(MP). 5.FORM OF BUSINESS: Corporation Audit Period:Annual unless otherwise stated: SB049-0609 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 of 1 Copyright,Insurance Services Office,Inc.,1984 COMMERCIAL GENERAL LIABILITY CG 21 39 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 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; TIONS 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'; CG 21 39 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ COMMERCIAL GENERAL LIABILITY CG 00 01 12 07 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. b. This insurance applies to "bodily injury" and Read the entire policy carefully to determine rights, "property damage"only if: duties and what is and is not covered. (1) The "bodily injury" or "property damage" is Throughout this policy the words "you" and "your" caused by an "occurrence" that takes place refer to the Named Insured shown in the Declarations, in the "coverage territory"; and any other person or organization qualifying as a (2) The "bodily injury" or "property damage" Named Insured under this policy. The words "we", occurs during the policy period; and "us" and "our" refer to the company providing this insurance. (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is The word "insured" means any person or organization An Insured and no "employee" authorized qualifying as such under Section II — Who Is An In- by you to give or receive notice of an "oc- sured. currence" or claim, knew that the "bodily in- Other words and phrases that appear in quotation jury" or "property damage" had occurred, in marks have special meaning. Refer to Section V — whole or in part. If such a listed insured or Definitions. authorized "employee" knew, prior to the SECTION I—COVERAGES policy period, that the "bodily injury" or "property damage" occurred, then any con- COVERAGE A BODILY INJURY AND PROPERTY tinuation, change or resumption of such DAMAGE LIABILITY "bodily injury" or "property damage" during 1. Insuring Agreement or after the policy period will be deemed to a. 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 damage" which because of"bodily injury"or"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 II — Who Is An Insured or any we will have no duty to defend the insured "employee" authorized by you to give or re- against 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 or"suit"that may result. But: d. "Bodily injury" or "property damage" will be (1) The amount we will pay for damages is deemed to have been known to have occurred limited as described in Section III — Limits at the earliest time when any insured listed un- Of Insurance; and der Paragraph 1. of Section II — Who Is An In- (2) Our right and duty to defend ends when we sured or any "employee" authorized by you to have used up the applicable limit of insur- give or receive notice of an "occurrence" or ance in the payment of judgments or set- claim: tlements under Coverages A or B or medi- (1) Reports all, or any part, of the "bodily injury" cal expenses under Coverage C. or "property damage" to us or any other in- No other obligation or liability to pay sums or surer; perform acts or services is covered unless ex- (2) Receives a written or verbal demand or plicitly provided for under Supplementary Pay- claim for damages because of the "bodily ments—Coverages A and B. injury"or"property damage"; or (3) Becomes aware by any other means that "bodily injury" or"property damage" has oc- curred or has begun to occur. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 1 of 16 13 e. Damages because of "bodily injury" include c. Liquor Liability damages claimed by any person or organiza- "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". (1) Causing or contributing to the intoxication of 2. Exclusions 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- der injury" or "property damage" expected 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 Laws 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 (2) Assumed in a contract or agreement that is "Bodily injury"to: 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 © ISO Properties, Inc., 2006 CG 00 01 12 07 13 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 insured, 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- (iii) "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- (ii) 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 © ISO Properties, Inc., 2006 Page 3 of 16 13 (2) Any loss, cost or expense arising out of (5) "Bodily injury" or "property damage" arising any: out of: (a) Request, demand, order or statutory or (a) The operation of machinery or equip- regulatory requirement that any insured ment that is attached to, or part of, a or others test for, monitor, clean up, re- land vehicle that would qualify under the move, contain, treat, detoxify or neutral- definition of"mobile equipment" if it were ize, or in any way respond to, or assess not subject to a compulsory or financial the effects of, "pollutants"; or responsibility law or other motor vehicle (b) Claim or "suit" by or on behalf of a gov- insurance law in the state where it is li- ernmental authority for damages be- censed or principally garaged;or cause of testing for, monitoring, cleaning (b) the operation of any of the machinery or up, removing, containing, treating, de- equipment listed in Paragraph f.(2) or toxifying or neutralizing, or in any way f.(3) of the definition of "mobile equip- responding to, or assessing the effects ment". of, "pollutants". h. Mobile Equipment However, this paragraph does not apply to "Bodily injury" or "property damage" arising out liability for damages because of "property of: damage" that the insured would have in the absence of such request, demand, order or (1) The transportation of"mobile equipment" by statutory or regulatory requirement, or such an "auto"owned or operated by or rented or claim or "suit" by or on behalf of a govern- loaned to any insured; or mental authority. (2) The use of "mobile equipment" in, or while g. Aircraft,Auto Or Watercraft in practice for, or while being prepared for, "Bodily injury" or "property damage" arising out any prearranged racing, speed, demolition, of the ownership, maintenance, use or en- or stunting activity. trustment to others of any aircraft, "auto"or wa- i. War tercraft owned or operated by or rented or "Bodily injury" or "property damage", however loaned to any insured. Use includes operation caused, arising, directly or indirectly, out of: and "loading or unloading". (1) War, including undeclared or civil war; This exclusion applies even if the claims (2) Warlike action by a military force, including against any insured allege negligence or other action in hindering or defending against an wrongdoing in the supervision, hiring, employ- actual or expected attack, by any govern- ment, training or monitoring of others by that ment, sovereign or other authority using insured, if the "occurrence" which caused the military personnel or other agents; or "bodily injury" or "property damage" involved the ownership, maintenance, use or entrust- (3) Insurrection, rebellion, revolution, usurped ment to others of any aircraft, "auto" or water- power, or action taken by governmental au- craft that is owned or operated by or rented or thority in hindering or defending against any loaned to any insured. of these. This exclusion does not apply to: j. Damage To Property (1) A watercraft while ashore on premises you "Property damage"to: own or rent; (1) Property you own, rent, or occupy, including (2) A watercraft you do not own that is: any costs or expenses incurred by you, or (a) Less than 26 feet long; and any other person, organization or entity, for repair, replacement, enhancement, restora- (b) Not being used to carry persons or tion or maintenance of such property for property for a charge; any reason, including prevention of injury to (3) Parking an "auto" on, or on the ways next a person or damage to another's property; to, premises you own or rent, provided the (2) Premises you sell, give away or abandon, if "auto" is not owned by or rented or loaned the "property damage" arises out of any to you or the insured; part of those premises; (4) Liability assumed under any "insured con- (3) Property loaned to you; tract" for the ownership, maintenance or (4) Personal property in the care, custody or use of aircraft or watercraft; or control of the insured; Page 4 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 13 (5) That particular part of real property on This exclusion does not apply to the loss of use which you or any contractors or subcontrac- of other property arising out of sudden and ac- tors working directly or indirectly on your cidental physical injury to "your product" or behalf are performing operations, if the "your work" after it has been put to its intended "property damage" arises out of those op- use. erations-,or n. Recall Of Products,Work Or Impaired (6) That particular part of any property that Property must be restored, repaired or replaced be- Damages claimed for any loss, cost or ex- cause "your work" was incorrectly per- pense incurred by you or others for the loss of formed on it. use, withdrawal, recall, inspection, repair, re- Paragraphs (1), (3) and (4) of this exclusion do placement, adjustment, removal or disposal of: not apply to "property damage" (other than (1) "Your product"; damage by fire)to premises, including the con- tents of such premises, rented to you for a pe- (2) "Your work"; or riod of 7 or fewer consecutive days. A separate (3) "Impaired property"; limit of insurance applies to Damage To Prem- if such product, work, or property is withdrawn ises Rented To You as described in Section III or recalled from the market or from use by any —Limits Of Insurance. person or organization because of a known or Paragraph (2) of this exclusion does not apply suspected defect, deficiency, inadequacy or if the premises are "your work" and were never dangerous condition in it. occupied, rented or held for rental by you. o. Personal And Advertising Injury Paragraphs (3), (4), (5) and (6) of this exclu- "Bodily injury" arising out of "personal and ad- sion do not apply to liability assumed under a sidetrack agreement. vertising injury". Paragraph (6) of this exclusion does not apply p• Electronic Data to "property damage" included in the "products- Damages arising out of the loss of, loss of use completed operations hazard". of, damage to, corruption of, inability to access, k. Damage To Your Product or inability to manipulate electronic data. "Property damage"to "your product" arising out As used in this exclusion, electronic data of it or any part of it. means information, facts or programs stored as or on, created or used on, or transmitted to or I. Damage To Your Work from computer software, including systems and "Property damage" to "your work" arising out of applications software, hard or floppy disks, CD- it or any part of it and included in the "products- ROMS, tapes, drives, cells, data processing completed operations hazard". devices or any other media which are used This exclusion does not apply if the damaged with electronically controlled equipment. work or the work out of which the damage q• Distribution Of Material In Violation Of arises was performed on your behalf by a sub- Statutes contractor. "Bodily injury" or "property damage" arising di- m. Damage To Impaired Property Or Property rectly or indirectly out of any action or omission Not Physically Injured that violates or is alleged to violate: "Property damage" to "impaired property" or (1) The Telephone Consumer Protection Act property that has not been physically injured, (TCPA), including any amendment of or arising out of: addition to such law; or (1) A defect, deficiency, inadequacy or danger- (2) The CAN-SPAM Act of 2003, including any ous condition in "your product" or "your amendment of or addition to such law; or work";or (3) Any statute, ordinance or regulation, other (2) A delay or failure by you or anyone acting than the TCPA or CAN-SPAM Act of 2003, on your behalf to perform a contract or that prohibits or limits the sending, transmit- agreement in accordance with its terms. ting, communicating or distribution of mate- rial or information. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 5 of 16 ❑ 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. COVERAGE B PERSONAL AND ADVERTISING d. Criminal Acts INJURY LIABILITY "Personal and advertising injury" arising out of a criminal act committed by or at the direction 1. Insuring Agreement 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 li- 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- , investigate any offense and settle any a breach of contract, except an implied con- tion i ionn "suit"that may result. But: tract to use another's advertising idea in your claim "advertisement". (1) The amount we will pay for damages is limited as described in Section III — Limits g• Quality Or Performance Of Goods—Failure ; and To Conform To Statements Of Insurance (2) Our right and duty to defend end when we "Personal and advertising injury" arising out of have used up the applicable limit of insur- the failure of goods, products or services to ance in the payment of judgments or set- conform with any statement of quality or per- tlements under Coverages A or B or medi- formance 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, plicitly 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- This insurance does not apply to: tual property rights do not include the use of another's advertising idea in your "advertise- a. Knowing Violation Of Rights Of Another ment". "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 telecasting; or at the direction of the insured with knowl- edge of its falsity. (2) Designing or determining content of web- sites for others; or Page 6 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 ❑ (3) An Internet search, access, content or (3) Insurrection, rebellion, revolution, usurped service provider. power, or action taken by governmental au- However, this exclusion does not apply to thority in hindering or defending against any Paragraphs 14.a., b. and c. of "personal and of these. advertising injury" under the Definitions Sec- p. Distribution Of Material In Violation Of tion. Statutes For the purposes of this exclusion, the placing "Personal and advertising injury" arising di- of frames, borders or links, or advertising, for rectly or indirectly out of any action or omission you or others anywhere on the Internet, is not that violates or is alleged to violate: by itself, considered the business of advertis- (1) The Telephone Consumer Protection Act ing, broadcasting, publishing or telecasting. (TCPA), including any amendment of or k. Electronic Chatrooms Or Bulletin Boards addition to such law; or "Personal and advertising injury" arising out of (2) The CAN-SPAM Act of 2003, including any an electronic chatroom or bulletin board the in- amendment of or addition to such law; or sured hosts, owns, or over which the insured (3) Any statute, ordinance or regulation, other exercises control. than the TCPA or CAN-SPAM Act of 2003, I. Unauthorized Use Of Another's Name Or that prohibits or limits the sending, transmit- Product ting, communicating or distribution of mate- "Personal and advertising injury" arising out of rial or information. the unauthorized use of another's name or COVERAGE C MEDICAL PAYMENTS product in your e-mail address, domain name 1. Insuring Agreement or metatag, or any other similar tactics to mis- lead another's potential customers. a. We will pay medical expenses as described m. Pollution below for"bodily injury" caused by an accident: "Personal and advertising injury" arising out of (1) On premises you own or rent; the actual, alleged or threatened discharge, (2) On ways next to premises you own or rent; dispersal, seepage, migration, release or es- or cape of"pollutants"at any time. (3) Because of your operations; n. Pollution-Related provided that: Any loss, cost or expense arising out of any: (a) The accident takes place in the "cover- (1) Request, demand, order or statutory or age territory" and during the policy pe- regulatory requirement that any insured or riod; others test for, monitor, clean up, remove, (b) The expenses are incurred and reported contain, treat, detoxify or neutralize, or in to us within one year of the date of the any way respond to, or assess the effects accident; and of, "pollutants"; or (c) The injured person submits to examina- (2) Claim or suit by or on behalf of a govern- tion, at our expense, by physicians of mental authority for damages because of our choice as often as we reasonably testing for, monitoring, cleaning up, remov- require. ing, containing, treating, detoxifying or neu- b. We will make these payments regardless of tralizing, or in any way responding to, or fault. These payments will not exceed the ap- assessing the effects of, "pollutants". plicable limit of insurance. We will pay reason- o. War able expenses for: "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 medical, surgical, x-ray and (2) Warlike action by a military force, including dental services, including prosthetic de- action in hindering or defending against an vices; and actual or expected attack, by any govern- (3) Necessary ambulance, hospital, profes- ment, sovereign or other authority using sional nursing and funeral services. military personnel or other agents;or CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 7 of 16 13 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 we make an offer to pay the applicable limit of a. Any Insured 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 Normally 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 insur- 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 law. 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 ment 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 indemnitee, has also been as- 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 ests of the insured and the interests of the in- 1. We will pay, with respect to any claim we investi- demnitee; 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 a. All expenses we incur. 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"; sured 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- because of time off from work. dinating other applicable insurance e. All court costs taxed against the insured in 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 © ISO Properties, Inc., 2006 CG 00 01 12 07 13 (b) Conduct and control the defense of the 2. Each of the following is also an insured: indemnitee in such "suit". a. Your "volunteer workers" only while performing So long as the above conditions are met, attor- duties related to the conduct of your business, neys' fees incurred by us in the defense of that in- or your "employees", other than either your demnitee, necessary litigation expenses incurred "executive officers" (if you are an organization by us and necessary litigation expenses incurred other than a partnership,joint venture or limited by the indemnitee at our request will be paid as liability company) or your managers (if you are Supplementary Payments. Notwithstanding the a limited liability company), but only for acts provisions of Paragraph 2.b.(2)of Section I —Cov- within the scope of their employment by you or erage A — Bodily Injury And Property Damage Li- while performing duties related to the conduct ability, such payments will not be deemed to be of your business. However, none of these "em- damages for"bodily injury" and "property damage" ployees" or "volunteer workers" are insureds and will not reduce the limits of insurance. for: Our obligation to defend an insured's indemnitee (1) "Bodily injury" or "personal and advertising and to pay for attorneys' fees and necessary litiga- injury": tion expenses as Supplementary Payments ends (a) To you, to your partners or members (if 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- ments or the conditions set forth above, or the ability company), to a co-"employee" terms of the agreement described in Paragraph f. while in the course of his or her em- above, are no longer met. ployment or performing duties related to SECTION II—WHO IS AN INSURED the conduct of your business, or to your 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 insur- business; eds, but only with respect to the conduct of a business of which you are the sole owner. (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volun- b. A partnership or joint venture, you are an in- teer worker" as a consequence of Para- sured. Your members, your partners, and their graph (1)(a) above; spouses are also insureds, but only with re- spect to the conduct of your business. (c) For which there is any obligation to share damages with or repay someone c. A limited liability company, you are an insured. else who must pay damages because of Your members are also insureds, but only with the injury described in Paragraphs (1)(a) respect to the conduct of your business. Your or(b) above;or managers are insureds, but only with respect to their duties as your managers. (d) Arising out of his or her providing or failing to provide professional health d. An organization other than a partnership, joint care services. venture or limited liability company, you are an insured. Your "executive officers" and directors (2) "Property damage"to property: are insureds, but only with respect to their du- (a) Owned, occupied or used by, ties as your officers or directors. Your stock- (b) Rented to, in the care, custody or con- holders are also insureds, but only with respect trol of, or over which physical control is to their liability as stockholders. being exercised for any purpose by e. A trust, you are an insured. Your trustees are you, any of your "employees", "volunteer also insureds, but only with respect to their du- workers", any partner or member (if you are ties as trustees. a partnership or joint venture), or any mem- ber(if you are a limited liability company). CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 9 of 16 13 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 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 this Coverage Part. a. Damages under Coverage A; and 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 Named In- 6. Subject to Paragraph 5. above, the Damage To sured 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 beginning of the policy period shown in the to the conduct of any current or past partnership,joint Declarations, unless the policy period is extended venture or limited liability company that is not shown after issuance for an additional period of less than 12 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 insured's estate will not relieve us of our obliga- c. Persons or organizations making claims or tions under this 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 pos- because of"bodily injury"or"property damage" sible, 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 © ISO Properties, Inc., 2006 CG 00 01 12 07 13 (3) The nature and location of any injury or 4. Other Insurance damage arising out of the "occurrence" or If other valid and collectible insurance is available offense. to the insured for a loss we cover under Cover- b. If a claim is made or "suit" is brought against ages A or B of this Coverage Part, our obligations any insured,you must: are limited as follows: (1) Immediately record the specifics of the a. Primary Insurance claim or"suit"and the date received; and This insurance is primary except when Para- (2) Notify us as soon as practicable. graph b. below applies. If this insurance is pri- You must see to it that we receive written no- mary, our obligations are not affected unless tice of the claim or "suit" as soon as practica- any of the other insurance is also primary. ble. Then, we will share with all that other insur- ance by the method described in Paragraph c. c. You and any other involved insured must: below. (1) Immediately send us copies of any de- b. Excess Insurance mands, notices, summonses or legal pa- pers received in connection with the claim (1) This insurance is excess over: or"suit"; (a) Any of the other insurance, whether (2) Authorize us to obtain records and other primary, excess, contingent or on any information; other basis: (3) Cooperate with us in the investigation or (i) That is Fire, Extended Coverage, settlement of the claim or defense against Builder's Risk, Installation Risk or the"suit"; and similar coverage for"your work"; (4) Assist us, upon our request, in the en- (ii) That is Fire insurance for premises forcement of any right against any person rented to you or temporarily occu- or organization which may be liable to the pied by you with permission of the insured because of injury or damage to owner; which this insurance may also apply. (iii) That is insurance purchased by you d. No insured will, except at that insured's own to cover your liability as a tenant for cost, voluntarily make a payment, assume any rproperty damage" to premises obligation, or incur any expense, other than for rented to you or temporarily first aid,without our consent. pied by you with permission of f he the 3. Legal Action Against Us owner; or (iv) If the loss arises out of the mainte- No person or organization has a right under this nance or use of aircraft, "autos" or Coverage Part: watercraft to the extent not subject to a. To join us as a party or otherwise bring us into Exclusion g. of Section I — Coverage a "suit"asking for damages from an insured; or A — Bodily Injury And Property Dam- b. To sue us on this Coverage Part unless all of age Liability. its terms have been fully complied with. (b) Any other primary insurance available to A person or organization may sue us to recover on you covering liability for damages aris- an agreed settlement or on a final judgment ing out of the premises or operations, or against an insured; but we will not be liable for the products and completed operations, damages that are not payable under the terms of for which you have been added as an this Coverage Part or that are in excess of the ap- additional insured by attachment of an plicable limit of insurance. An agreed settlement endorsement. means a settlement and release of liability signed (2) When this insurance is excess,we will have by us, the insured and the claimant or the claim- no duty under Coverages A or B to defend 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 de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 11 of 16 ❑ (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: (a) The total amount that all such other Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this insurance would pay for the loss in the Coverage Part to the first Named Insured, this in- 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 any b. Separately to each insured against whom claim with any other insurance that is not de, is made or"suit" is brought. - scribed in this Excess Insurance provision 8. 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 b all of the other insurance permits contribution our request, the insured will bring "suit" or transfer by equal shares, we will follow this method also. Under this approach each insurer con- those rights to us and help us enforce them. tributes equal amounts until it has paid its ap- 9• When We Do Not Renew 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 ad- supporters. For the purposes of this definition: 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 com- 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 © ISO Properties, Inc., 2006 CG 00 01 12 07 13 3. "Bodily injury" means bodily injury, sickness or 9. "Insured contract" means: disease sustained by a person, including death re- a. A contract for a lease of premises. However, sulting from any of these at any time. that portion of the contract for a lease of prem- 4. "Coverage territory" means: ises that indemnifies any person or organiza- a. The United States of America (including its tion for damage by fire to premises while territories and possessions), Puerto Rico and rented to you or temporarily occupied by you Canada; with permission of the owner is not an "insured b. International waters or airspace, but only if the contract"; injury or damage occurs in the course of travel b. A sidetrack agreement; or transportation between any places included c. Any easement or license agreement, except in in Paragraph a. above;or connection with construction or demolition op- c. All other parts of the world if the injury or dam- erations on or within 50 feet of a railroad; age arises out of: d. An obligation, as required by ordinance, to (1) Goods or products made or sold by you in indemnify a municipality, except in connection the territory described in Paragraph a. with work for a municipality; above; e. An elevator maintenance agreement; (2) The activities of a person whose home is in f. That part of any other contract or agreement the territory described in Paragraph a. pertaining to your business (including an in- above, but is away for a short time on your demnification of a municipality in connection business;or with work performed for a municipality) under (3) "Personal and advertising injury" offenses which you assume the tort liability of another that take place through the Internet or simi- party to pay for"bodily injury"or"property dam- lar electronic means of communication age" to a third person or organization. Tort li- ability means a liability that would be imposed provided the insured's responsibility to pay dam- by law in the absence of any contract or ages is determined in a "suit" on the merits, in the agreement. territory described in Paragraph a. above or in a settlement we agree to. Paragraph f. does not include that part of any 5. "Employee" includes a "leased worker". "Em- contract or agreement: ployee"does not include a "temporary worker". (1) That indemnifies a railroad for"bodily injury" or "property damage" arising out of con- 6. "Executive officer" means a person holding any of struction or demolition operations, within 50 the officer positions created by your charter, con- feet of any railroad property and affecting stitution, by-laws or any other similar governing any railroad bridge or trestle, tracks, road- document. beds, tunnel, underpass or crossing; 7. "Hostile fire" means one which becomes uncon- (2) That indemnifies an architect, engineer or trollable or breaks out from where it was intended surveyor for injury or damage arising out of: to be. (a) Preparing, approving, or failing to pre- 8. "Impaired property" means tangible property, other pare or approve, maps, shop drawings, than "your product" or "your work", that cannot be opinions, reports, surveys, field orders, used or is less useful because: change orders or drawings and specifi- a. It incorporates "your product" or "your work" cations; or that is known or thought to be defective, defi- (b) Giving directions or instructions, or cient, inadequate or dangerous; or failing to give them, if that is the primary b. You have failed to fulfill the terms of a contract cause of the injury or damage; or or agreement; (3) Under which the insured, if an architect, if such property can be restored to use by the re- engineer or surveyor, assumes liability for pair, replacement, adjustment or removal of "your an injury or damage arising out of the in- product" or "your work" or your fulfilling the terms sured's rendering or failure to render pro- of the contract or agreement. fessional services, including those listed in (2) above and supervisory, inspection, ar- chitectural or engineering activities. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 13 of 16 ❑ 10."Leased worker" means a person leased to you by However, self-propelled vehicles with the fol- a labor leasing firm under an agreement between lowing types of permanently attached equip- you and the labor leasing firm, to perform duties ment are not "mobile equipment" 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 place where it is (b) Road maintenance, but not construction accepted for movement into or onto an aircraft, or resurfacing; or watercraft or"auto"; (c) Street cleaning; b. While it is in or on an aircraft, watercraft or (2) 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 lower 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 ing, geophysical exploration, lighting and movement of property by means of a mechanical well servicing equipment. device, other than a hand truck, that is not at- However, "mobile equipment" does not include tached 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. cupies, 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 following material that slanders or libels a person or or- types: ganization or disparages a person's or organi- (1) Air compressors, pumps and generators, zation's goods, products or services; including spraying, welding, building clean- e. Oral 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 vacy; (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 © ISO Properties, Inc., 2006 CG 00 01 12 07 ❑ 15."Pollutants" mean any solid, liquid, gaseous or b. Loss of use of tangible property that is not thermal irritant or contaminant, including smoke, physically injured. All such loss of use shall be vapor, soot, fumes, acids, alkalis, chemicals and deemed to occur at the time of the "occur- waste. Waste includes materials to be recycled, rence"that caused it. reconditioned or reclaimed. For the purposes of this insurance, electronic data 16."Prod ucts-completed operations hazard": is 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 or information, facts or programs stored as or on, rent and arising out of "your product" or "your created or used on, or transmitted to or from com- work"except: puter software, including systems and applications (1) Products that are still in your physical pos- software, hard or floppy disks, CD-ROMS, tapes, session; or drives, 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 deemed completed at the earliest of the fol- 18."Suit" means a civil proceeding in which damages lowing times: because of "bodily injury", "property damage" or "personal and advertising injury" to which this in- (a) When all of the work called for in your surance applies are alleged. "Suit" includes: contract has been completed. a. An arbitration proceeding in which such dam- (b) When all of the work to be done at the ages are claimed and to which the insured job site has been completed if your con- must submit or does submit with our consent; tract calls for work at more than one job or site. b. Any other alternative dispute resolution pro- (c) When that part of the work done at a job 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 sent. another contractor or subcontractor working on the same project. 19."Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- Work that may need service, maintenance, ployee"on leave or to meet seasonal or short-term correction, repair or replacement, but which workload conditions. is otherwise complete, will be treated as completed. 20."Volunteer worker" means a person who is not your"employee", and who donates his or her work b. Does not include "bodily injury" or "property and acts at the direction of and within the scope of damage"arising out of: duties determined by you, and is not paid a fee, (1) The transportation of property, unless the salary or other compensation by you or anyone injury or damage arises out of a condition in else for their work performed for you. or on a vehicle not owned or operated by 21."Yo ur product": you, and that condition was created by the "loading or unloading"of that vehicle by any a. Means: insured; (1) Any goods or products, other than real (2) The existence of tools, uninstalled equip- property, manufactured, sold, handled, dis- ment or abandoned or unused materials; or tributed or disposed of by: (3) Products or operations for which the classi- (a) You; fication, listed in the Declarations or in a (b) Others trading under your name; or policy schedule, states that products- (c) A person or organization whose busi- completed operations are subject to the ness or assets you have acquired; and General Aggregate Limit. (2) Containers (other than vehicles), materials, 17."Property damage" means: parts or equipment furnished in connection a. Physical injury to tangible property, including with such goods or products. all resulting loss of use of that property. All b. Includes: such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your prod- uct"; and CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 15 of 16 13 (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 © ISO Properties, Inc., 2006 CG 00 01 12 07 13 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 A. 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: EXCLUSION-USL&H,JONES ACT OR OTHER MARITIME LAWS EXCLUSION This insurance does not apply to"bodily injury","property damage"or"personal and advertising injury" arising directly or indirectly out of: (1) operations over navigable waters or offshore including but not limited to drilling and production platforms,pipelines, and vessels where coverage is provided by the U.S. Longshore&Harbor Workers Compensation Act(USL&H),Merchant Marine Act("Jones Act")or other maritime laws and any amendments to those laws; (2) 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; or (3) any obligation of the insured resulting from actions under the 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 from the rendering or failure to render any "professional service" except by endorsement to this policy and then only to the extent of such endorsement. "Professional service"means: (1) legal, accounting or advertising services; (2) preparing,approving,or failing to prepare or approve maps,drawings, opinions,reports,surveys, change orders,designs or specifications; (3) engineering services,including related supervisory or inspection services; (4) medical,surgical,dental,x-ray or nursing services,treatment, advice or instruction; (5) any health or therapeutic service,treatment, advice or instruction; (6) any service,treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming; (7) optometry or optical or hearing aid services including the prescribing,preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (8) body piercing or tattooing services including but not limited to the insertion of pigment,collagen or any other foreign substance into or under the skin; SB024-0414 Includes copyrighted material of ISO Properties, Inc., Page 1 of 2 with its permission. (9) services in the practice of pharmacy; (10) law enforcement or firefighting services; and (11) handling,embalming,disposal,burial, cremation or disinterment of dead bodies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. SB024-0414 Includes copyrighted material of ISO Properties, Inc., Page 2 of 2 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 PERSONAL AND ADVERTISING INJURY 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 whole 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 material(s)"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. 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 LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: C. Under any Liability Coverage, to "bodily 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 "nuclear 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, materials, 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 © ISO Properties, Inc., 2007 Page 1 of 2 13 "Source material", "special nuclear material", and (c) Any equipment or device used for the proc- "by-product material" have the meanings given essing, fabricating or alloying of "special them in the Atomic Energy Act of 1954 or in any nuclear material" if at any time the total law amendatory thereof. amount of such material in the custody of "Spent fuel" means any fuel element or fuel com- the "insured" at the premises where such ponent, solid or liquid, which has been used or ex- equipment or device is located consists of posed to radiation in a "nuclear reactor". or contains more than 25 grams of pluto- nium or uranium 233 or any combination "Waste" means any waste 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 or concentra- tion of uranium or thorium from any ore processed (d) Any structure, basin, excavation, premises primarily for its "source material" content, and (b) or place prepared or used for the storage or resulting from the operation by any person or or- disposal of"waste"; ganization of any "nuclear facility" included under and includes the site on which any of the 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. "Nuclear facility" means: "Nuclear reactor" means any apparatus designed (a) Any"nuclear reactor"; or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical (b) Any equipment or device designed or used mass of fissionable material. for(1)separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent "Property damage" includes all forms of radioac- fuel", or(3) handling, processing or packag- tive contamination of property. ing "waste"; Page 2 of 2 © ISO Properties, Inc., 2007 IL 00 21 09 08 13 COMMERCIAL GENERAL LIABILITY CG 21 67 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA 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: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: Fungi Or Bacteria Fungi Or Bacteria a. 'Bodily injury" or "property damage" which a. "Personal and advertising injury" which would not have occurred, in whole or in part, would not have taken place, in whole or in but for the actual, alleged or threatened in- part, but for the actual, alleged or threat- halation of, ingestion of, contact with, expo- ened inhalation of, ingestion of, contact sure to, existence of, or presence of, any with, exposure to, existence of, or presence "fungi" or bacteria on or within a building or of any 'fungi" or bacteria on or within a structure, including its contents, regardless building or structure, including its contents, of whether any other cause, event, material regardless of whether any other cause, or product contributed concurrently or in any event, material or product contributed con- sequence to such injury or damage. currently or in any sequence to such injury. b. Any loss, cost or expenses arising out of the b. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, abating, testing for, monitoring, cleaning up, 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 apply to any 'fungi" 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 consump- "Fungi" means any type or form of fungus, includ- tion. ing mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. CG 21 67 12 04 © ISO Properties, Inc., 2003 Page 1 of 1 ❑ 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, dis- defamation, harassment, humiliation, dis- crimination or malicious prosecution di- crimination or malicious prosecution di- rected at that person; or rected 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 ployer 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 2147 12 07 © ISO Properties, Inc., 2006 Page 1 of 1 13 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 PART 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 21 41 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ❑ POLICY NUMBER : BAG-1032229-2 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises (Part Leased to You): Pier 60,Clearwater,FL 2. Name of Person or Organization (Additional Insured): City of Clearwater Parks 100 S Myrtle Ave CLEARWATER, FL 33756 3.Additional Premium: $ 0.00 (If no entry appears above, the information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises 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 alterations, new construction or demolition operations performed by or on behalf of the person or or- ganization shown in the Schedule. CG 20 11 01 96 Copyright, Insurance Services Office, Inc., 1994 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 LIABILITY 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 ❑ 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. SBO03-0609 Includes copyrighted material of ISO Properties,Inc., Pagel of 1 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 COMPANY 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. SBO15-0609 Includes copyrighted material of Insurance Services Office,Inc., Pagel of 1 with its permission. SENECA SPECIALTY INSURANCE 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) A "certified act of terrorism" or an "other act of terrorism", including any action taken in hindering or defending against an actual or expected incident of a "certified act of terrorism" or "other act 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. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is that is otherwise excluded under this Coverage Part. C. The following definitions are added to the DEFINITIONS Section:. For the purposes of this endorsement, "any injury or damage" means any injury or damage 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. SB073-0115 Contains material©ISO Properties,Inc.,2002 Page 1 of 2 with its permission "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury,in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a"certified act of terrorism"include the following: a. The act resulted in insured losses in excess of$5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 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 a"certified act of terrorism". 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. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. SB073-0115 Contains material©ISO Properties,Inc.,2002 Page 2 of 2 with its permission SENECA SPECIALTY INSURANCE COMPANY THIS 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 UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EXCESS LIABILITY POLICY FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common 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 failure 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 premium; 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 will be sufficient proof of notice. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. SB513-0212 Contains material copyright ISO Properties, Inc., 2001 Page 1 of 1 with its permission. IL P 001 01 04 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of"national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treas- ury's web site—http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1