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NON-PROFIT CULTURAL GRANT AGREEMENT
NON-PROFIT CULTURAL GRANT AGREEMENT This Non -Profit Cultural Grant or Partnership Agreement ("Agreement") is made as January , 2024 ("the Effective Date"), by and between THE CITY OF CLEARWATER, a municipal corporation ("City), and FRANCIS WILSON PLAYHOUSE ("Applicant") (collectively, "Parties"). WITNESSETH: WHEREAS, on March 11, 2021, President Joseph Biden signed into law the American Rescue Plan Act of 2021 ("ARPA"), Pub. L. 117-2, a $1.9 trillion economic stimulus bill passed by the 117th United States Congress to aid the country with the economic and health effects of the COVID-19 pandemic; and WHEREAS, ARPA included a $350 billion Coronavirus State and Local Fiscal Recovery Funds ("SLFRF") program designed to assist state, local, and tribunal governments in their response to the COVID-19 pandemic; and WHEREAS, the City received a total of $22,483,893.00 under the SLFRF program in two equal tranches on May 19, 2021 and June 6, 2022; and WHEREAS, on August 4, 2022, at a duly -noticed City Council meeting, the Clearwater City Council approved funding allocations from the SLFRF program for twelve proposed project and program types; and WHEREAS, one such funding allocation was in the amount of $1,000,000.00 and made for non-profit cultural grants or partnerships ("the Program") which was intended to be used to provide grant funding to nonprofits and government entities for programs focused on arts and cultural opportunities in the community whose programming, services and/or attendance was negatively impacted because of the COVID-19 pandemic; and WHEREAS, on July 20, 2023, the City made available a second round of applications for the Program; and WHEREAS, on September 16, 2023, the City received an application ("the Application") from the Applicant, a true and correct copy of which is attached to this Agreement as Exhibit "A", requesting financial assistance under the program for roof replacement, sound system upgrade, rolling drop curtains, lighting system upgrade and repairs to floor and doors in their machine shop/workroom (the Project"); and WHEREAS, the Application was evaluated and scored by a review committee who recommended approval of the Applicant's financial assistance for the Project request to the Clearwater City Council; and WHEREAS, on December 7, 2023, at a City Council meeting, the Clearwater City Council approved the review committee's recommendation and authorized the City's staff to negotiate a definitive grant agreement with the Applicant; and WHEREAS, the City finds that providing financial assistance for the Project is a permissible expenditure under the Program; and WHEREAS, the City finds that the Project promotes the general public welfare of the citizens of Clearwater; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: 1. GENERAL 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. Intent; Purpose of Agreement. The purpose of this Agreement is to further the implementation of the Program by providing for financial assistance to the non-profit for programs that focus on arts and culture including programming, targeting organizations that have been negatively impacted due to the COVID-19 pandemic. II. APPLICANT RESPONSIBILITIES 1. Implementation of the Project. The Applicant shall implement the Project in substantial conformity with the Application. 2. Bi -annual Reporting. The Applicant shall submit bi-annual reports accounting for all Program grant funds disbursed to the Applicant and subsequently used by the Applicant for purposes of the Project. Any Program grant funds disbursed by the City but not used by the Applicant by the Termination Date found in Section 9 shall be returned to the City 14 days after the Termination Date. III. CITY RESPONSIBILITIES 1. Grant Funding. The City shall provide grant funding in the amount of $180,000.00 (one hundred and eighty thousand dollars) within 14 days after the Effective Date of this Agreement. 2. City Manager Word Final. The City Manager retains sole discretion to determine whether the Applicant has successfully submitted bi-annual reports as required by Section 11(2) If the City Manager or designee finds the Applicant has not successfully submitted one bi-annual report in compliance with Section 11(2), then the Parties agree that the City Manager's decision is final, this Agreement shall be null and void, the City shall not owe any additional grant money to the Applicant under the Program, the Applicant shall return the initial $180,000.00 originally disbursed to it plus default interest at rate of 10%, and the Applicant shall have no recourse against the City. IV. APPLICANT DEFAULT 1. Failure to Implement the Program. If the Applicant fails to implement the Project in substantial compliance with the Application as required by Section 11(1), then the Parties agree that the Applicant shall be in default under this Agreement. 2. Failure to Submit Bi -Annual Reporting. If the Applicant fails to submit bi-annual reports as required by Section 11(2), then the Parties agree that the Applicant shall be in default under this Agreement. 3. Application Misrepresentations. If the City determines, at any time and in the City's sole discretion, that any portion of the Application constituted a material misrepresentation, then the Parties agree that the Applicant shall be in default under this Agreement. 4. Other Events of Default. In addition to the foregoing, the occurrence of any one or more of the following after the Effective Date shall also constitute an event of default by the Applicant: A. The Applicant shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation or shall file an answer admitting, or shall fail reasonably to contest, the material allegations of a petition filed against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of the Applicant or any material part of such entity's properties; or B. Within 60 days after the commencement of any proceeding by or against the Applicant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed or otherwise terminated, or if, within 60 days after the appointment without the consent or acquiescence of the Applicant of any trustee, receiver or liquidator of any of such entities or of any material part of any of such entity's properties, such appointment shall not have been vacated. 5. Notice of Default and Opportunity to Cure. The City shall provide written notice of any default under this Agreement and provide the Applicant 30 days from the date the notice is sent to cure the default. This notice will be deemed sent when sent by first class mail to the Applicant's notice address or when delivered to the Applicant if sent by a different means. 6. City Remedies. If, after notice and an opportunity to cure, the Applicant fails to cure any of the events of default listed in Section IV of this Agreement, then the Parties agree that: a) this Agreement shall be null and void; b) that the City will have no further responsibility to the Applicant, including the responsibility to tender any remaining Program grant funds to the Applicant; c) that any Program grant funds actually tendered by the City to the Applicant shall be returned to City along with default interest at a rate of 10% starting from the date of default; and d) the Applicant shall have no recourse against the City. V. MISCELLANEOUS 1. Notices. All notices, demands, requests for approvals or other communications given by either party to another shall be in writing, and shall be sent to the office for each party indicated below and addressed as follows: To the Applicant: Francis Wilson Playhouse 302 Seminole Street Clearwater, FL 33755 To the City: City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Attention: President, Board of Directors Attention: City Clerk with copies to: City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Attention: City Attorney 2. Unavoidable Delay. Any delay in performance of or inability to perform any obligation under this Agreement (other than an obligation to pay money) due to any event or condition described in this Section as an event of "Unavoidable Delay" shall be excused in the manner provided in this Section. "Unavoidable Delay" means any of the following events or conditions or any combination thereof: acts of God, acts of the public enemy, riot, insurrection, war, pestilence, archaeological excavations required by law, unavailability of materials after timely ordering of same, building moratoria, epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the records of the local weather bureau for a five year period preceding the Effective Date), strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party performing the obligation in question, including, without limitation, such causes as may arise from the act of the other party to this Agreement, or acts of any governmental authority (except that acts of the City shall not constitute an Unavoidable Delay with respect to performance by the City). An application by any party hereto for an extension of time pursuant to this Section must be in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other party to this Agreement within 30 days following the occurrence of the event or condition causing the Unavoidable Delay or 30 days following the party becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. The party shall be entitled to an extension of time for an Unavoidable Delay only for the number of days of delay due solely to the occurrence of the event or condition causing such Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceeding with its rights, duties and obligations under this Agreement affected by such occurrence. 3. Indemnification. The Applicant agrees to assume all risks of inherent in this Agreement and all liability therefore, and shall defend, indemnify, and hold harmless the City and the City's officers, agents, and employees from and against any and all claims of loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Applicant's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Applicant whether or not based on negligence. Nothing herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes, or the Doctrine of Sovereign Immunity. 4. Assignability; Complete Agreement. This Agreement is non -assignable by either party and constitutes the entire Agreement between the Applicant and the City and all prior or contemporaneous oral and written agreements or representations of any nature with reference to the subject of the agreement are canceled and superseded by the provisions of this agreement. 5. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance, and enforcement of this Agreement. This Agreement has been negotiated by the City and the Applicant, and the Agreement, including, without limitation, the Exhibits, shall not be deemed to have been prepared by the City or the Applicant, but by all equally. 6. Severability. Should any section or part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Agreement. 7. Amendments. This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 8. Jurisdiction and Venue. For purposes of any suit, action or other proceeding arising out of or relating to this Agreement, the parties hereto do acknowledge, consent and agree that venue thereof is Pinellas County, Florida. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. If, at any time during the term of this Agreement, the Applicant is not a resident of the State of Florida or has no office, employee, City, registered agent or general partner thereof available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent, or general partner available for service of process in the State of Florida, the Applicant hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the City arising out of or relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a nonresident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Applicant at the address for notices as provided in Section V(1). 9. Termination. If not earlier terminated as provided in this Agreement, the term of this Agreement shall expire and this Agreement shall no longer be of any force and effect on December 1, 2026. [Remainder of Page Left Blank Intentionally] IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed in its corporate/legal name by its authorized representative or persons authorized to execute this Agreement on the date and year first above written. Francis Wilson Playhouse By: i/t- `fi&r Patrick McKenneyc17zz Director STATE OF FLORIDA ] COUNTY OF PINELLAS ] The foregoing ins rument was acknowledged before me this 7) day of O.anUc�c� 2023 by 2(k-kin,(1._ V c\tki , who is personally known to me or who has produced a driver's license as identification. My Commission expires: LAI 1) 2VZ� Notary Public LW\MNI 1\A- V\70 THE CITY OF CLEARWATER, a municipal corporation Approv en Kohler Lead Assistant City Attorney rm: By: 4 Courtney M. Holzwarth �AI �4 . Comm.: HH 387361 ►;,. 'f Expires: April 17, 2027 � b!;,, Notary Public • State of FloridP Jennif F Powder City Manager Attest: y' ,IVLILLLL. Rosemarie Call City Clerk B. General Information Completed by thegreatp01@hotmail.com on 9/16/2023 1:34 PM Case Id: 15970 Name: Francis Wilson Playhouse - 2023 Address: *No Address Assigned B. General Information Please provide the following information. B.1. Legal Name of Organization (as shown in Line 1 of REPRESENTATIVE CONTACT INFORMATION W-9) Francis Wilson Playhouse B.10. First Name Patrick B.2. DBA (if applicable — as shown in Line 2 of W-9) B.11. Last Name McKenney B.3. Type of Agency non-profit 6.12. Title of Position Director, Board of Directors, Francis Wilson Playhouse B.4. Physical Address of Organization 302 Seminole Street Clearwater, FL 33755 13.13. Primary Email thegreatp01@hotmail.com B.S. Taxpayer ID (TIN) (if sole proprietorship, enter social security number of sole proprietor) (As shown in Part 1 of W-9) 59-1108802 B.6. Organization Legal Entity Type (as shown in Line 3 of W-9) non profit 8.7. Mailing Address for Grant Check (As shown in Line 5 &6ofW-9) 302 Seminole Street Clearwater, FL 33755 B.B. Mission Statement of Organization To foster, encourage, promote and develop the artistica) and theatrical abilities and talent of people. To promote and encourage public acceptance of fine arts. To develop talent and to train the people in all branches of the dramatic art. B.9. Applicant Discipline (select all that apply) Culture ❑ Education Printed By: Amber Brice on 1/8/2024 B.14. Phone Number (727) 666-8141 MINeighborly Software 1 of 2 ❑ History ❑ Literary Arts ❑ Museum Q Performing Arts ❑ Visual Arts ❑ Other Printed By: Amber Brice on 1/8/2024 NNeighborly Software C. Project Information Completed bymegreatp01@hmmail.o=on 9/16/2023 1:35 PM Case Id: 15970 Name: Francis Wilson Playhouse - 2023 Address: *No Address Assigned C. Project Information Piease provide the foliowing information. C.1. Project Description Francis Wilson Playhouse is a ncommunity theater, owned and operated by Francis Wilson Playhouse, Inc., built in 1936 with a seating capacity of 186 seats. The general goals of The Francis Wilson Playhouse are to: • foster, encourage, promote and develop the artistic and theatrical abilities and talent of people • promote and encourage public acceptance of fine arts. and • develop talent and to train the people in all branches of the dramatic art While other theaters existed prior to 1936 providing vaudeville and general entertainment, the Playhouse was one of the earliest non-profit community performing arts venues in the area. The Playhouse has provided quality theatrical productions every year since 1936 with the exception of an 18 month period during the Covid Pandemic when it was forced to close, but reopened in 2021. The Playhouse normally offers 7 productions annually including a mixture of musicals, drama and comedy and 4 concerts. Each production in recent history is performed for 2-3 weeks with a total of 80-90 performances a year. The productions are very popular with the community and attended by a very loyal audience providing a very high attendance rate with many performances sold out. The price of attending performances has remained one of the lowest priced ticket in the area for many, many years. In addition to providing quality and affordable entertainment, The Playhouse is utilized by the community in five main ways. • Proving opportunities for amateur actors, singers and theater tech local residents to pursue and enjoy their theatrical interests • [harities(recent|yLionsOubandDunedinandOeamva1erhistohca|societies)vviU"buv"anextraperformnanceofa production as a fundraiser averaging a profit of $5,000 for the charity for the evening. • When available during summer months or short periods between productions, schools, other acting organizations and other theatres rent the Playhouse to conduct their own performances or rehearsals. Most recently being SAGES, a non-profit organization which annually produces four free different plays/skits directed at serious subjects for seniors. • FWP is a continuing education program for actors performing in the productions and occasionally summer programs with instruction or classes offered for dance, singing, stage manager training, actor workshops, summer camps for children, Zumba, costume design, etc. There are numerous instances where this early training and experience became the starting point for theatrical careers for participants from the local area, some advancing as far as Broadway. • Since the early 1930's, FWP accumulated and maintains one of the area's largest collection of costumes, sets, props, hats, shoes, etc., for productions. In helping promote theater in the local area FWP often ioans its "collection" to high schools in Pinellas, Hillsborough and Pasco Counties as weli as to competing commercial theaters. This grant application is submitted to obtain funds for the following five sub projects 1of7 ���d8�Amb�8��on2���4 IINeighborly Software 1. Roof replacement. Over the years weather, salt air and sun have had an impact on the building exterior requiring improvements and replacement of on the roof 2 Sound system upgrade. The theater sound system is dated and often inconsistent and unreliable. Sound technology has long passed the theaters sound system, and as such, requires upgrading. 3. Lighting system upgrade. Similarly, the theater lighting system is also dated and well below current technology. Lighting technology has long passed the theaters lighting system, and as such, requires upgrading. 4. Machine shop/workroom floor. Time, use and humidity have also weakened some portions of the floors and doors requiring repair. 5. Rolling drops and stage curtains. Current equipment operating drops and curtains is very old and need to be either upgraded or replaced. C.2. Project Goals (minimum 3 required) Our goals related to this application are to continue the operation of the Francis Wilson Playhouse for the benefit of the community, improve our product and provide a more comfortable and safer environment for the community. In doing this, we hope to • perform theatrical productions that are easier to see and easier to hear by improving the lighting a sound systems. • provide a more comfortable theater environment by installing a new roof. In recent years some performances had to be cancelled or delayed during powerful storms due to ceiling leaks • stimulate more creative set design by expanding the work room area for construction and storage of set materials and allowing larger and heavier sets by replacing the machine shop/workroom floor • allow more efficient and safer handling of drops and curtains and the use of heavier and more durable drops and curtains. C.3. Project Activities Sub project 1: Roof repair 1. The existing roof on the building, less one section recently replaced from the deck up, will need to be replaced to avoid the continued band-aid maintenance that has taken place over the past decade. The entire shingle roof is currently a double layer with small pieces coming off and allowing leaks regularly, and the rubberized flat roof was poorly executed and has trapped moisture between the TPO and the deck below. 2. In the recent partial roof replacement (the flat roof portion), we discovered that a previous repair had TPO (rubberized roof cover for flat roofs) had been laid directly over an existing tar and gravel roof. The shingles are also a double layer now, which must be removed to allow another roof. There are several small areas that have previously been repaired, but the mounting needs to replace are growing. 3. This sub project would be for a full replacement of the roof, including replacing plywood on the entire flat roof mentioned above and replacing at least 30% of the existing underlying plywood due to rot. Sub project 2: Sound System 1) Our current sound system has three areas of focus — input, control, and output. The theater has a quality system for control, so grant funds would not be used best in that arena. The areas of focus would be input, as we currently have some damaged battery packs for body microphones, and output due to the somewhat lackluster nature of the speakers we currently use. 2) For input we would purchase six new wireless microphones and two new mid-range or "shotgun" microphones. For output we would seek consultation with a theatrical sound professional on the purchase of two new active array Printed By: Amber Brice on 1/8/2024 2 of 7 HNeighborly Software speakers or four new single direction speakers. 3) The execution of the repairs and replacements would take place with mostly in house staff. Consultation would be sought out to ensure we are implementing the most efficient system possible. Sub project 3: Lighting System Our lighting system can be described as power (both wiring and dimmers) and fixtures (lighting instruments). The power end of our system is functional, but dated. The fixtures we are operating with are sorely outdated, inefficient and use an undue amount of electricity to operate through the run of a show. We are also missing out on capabilities (such as spot lights and focused lighting) that other small theaters and their audiences enjoy to enhance production value. 1. To enhance production value and save long term on electricity and color, we would purchase 40 new lighting fixtures including at least 10-12 new LED fixtures as well as the data cable necessary to run them. 2. All work for this portion would be completed by in-house staff. Sub project 4: Rolling Drops 1. The theater currently uses an antiquated system for our six backdrops require a stage hand to haul a rope to lower and lift them with a pulley system. We are also reusing drop fabric to reduce the production cost of any given show during the lifespan of that fabric. Beyond the actual weight of the drum and fabric, we are currently experiencing a significant amount of friction in the old pulleys currently installed. This results in not to using drops at times when a show really needs them, or limiting when/how we can approach scene changes that involve these. 2. To overhaul this system we would like to convert three of these drops to an automated system and completely replace the pulley systems on the other three. The first three, which we use most often, will be replaced by an automated system provided by Rose Brand, and the back three will be overhauled using properly sized and mounted pulleys. We will also purchase a round of new fabric for the six drops. 3. This work will be completed by in-house staff with consultation from Rose Brand. 4. Work will include new drops, the pulley system replacement and fabric for each drop Sub Project 5: Floor Repair 1. The Machine/work shop floor was last repaired decades ago and was progressing to a dangerous point from water damage and general wear. There were also semi-permanent shelves for materials and previous sets that had severe termite damage that require removal. 2. To make the shop safe the entire floor needs replacement, two walled in enclosures need removal, a large shelf considered to be unsafe needs removal, and a section of a fire sprinkler pipe needed to be removed. 3. In preparing a scope of work, we found that the current floor actually consisted of two layers of plywood with a layer of tar paper sandwiched between them. This makes the removal much more labor intensive than originally expected. We also consider the need for a second 20 -yard dumpster to clear out the old scenery that had reached the end of its lifecycle. Fortunately, only one or two joists supporting the floor need repair. C.4. Project Impact — Describe how the project/program benefits the Clearwater community. The Francis Wilson Playhouse is a long-standing community theater that provides high quality entertainment at very affordable ticket prices. Our audience spans all age groups, including children, but the largest number of patrons are senior citizens. About sixty percent of the total customer base. Almost all of this group are retirees, many on a fixed income. The Playhouse provides the community with ever changing entertainment within their budget. While the Playhouse uses electronic means (email and website) to contact patrons and advertise, we have found that Printed By: Amber Brice on 1/8/2024 3 of 7 Neighborly Software the most effective way our product has been advertised is by word-of-mouth from theater- goers. The reaction of patrons has been so exuberant that they talk about their experience in day-to-day contact with people in the community. Our audience also contains local residents interested in participating in productions. This also spans all age groups with no significant concentration in any one age group. Actors, singers and theater tech people. Our audience further includes local high schools and competing theatrical organizations that depend on sharing our very large collection of costumes, sets and materials. While all of these reasons apply to all of the sub -projects, rationale for each sub -project is addressed below. Sub -project: Roof Due to the age and weathering of our roof, we have experienced numerous leaks. This is especially evident during heavy rain or high wind. There were several instances last year where individual performances had to be postponed or cancelled due to a breach in the roof until emergency repairs could be initiated. This replacement roof would not only allow us to ensure a dry audience and volunteers, it allows us to ensure the safety of our well -aged building that houses 400 Amps of power to support thousands of dollars of lighting equipment, a stage floor that must support, at times, 30 volunteers tap dancing on it, and multiple costume storage rooms with irreplaceable stock that is equivalent to many professional theaters. Sub -project: Sound System While we have a functioning sound system, it is based on old technology with some equipment in need of repairs. Amplified sound can be inconsistent and corrupted. As such, it can be difficult to hear. This situation is worse for many of our senior citizens in the audience who have diminished hearing, some using hearing aids. By upgrading the sound system, we can obtain a clearer and unfiltered sound making the performances more enjoyable for our patrons. Sub -project: Lighting Our lighting is also based on old technology. It is a challenge to use this dated equipment for spot lighting, varying brightness and mood lighting. This can be particularly frustrating for our older patrons who experience diminished vision. Completing this project with provide visual clarity and brightness as well as reduced power usage due to converting to LED fixtures. Sub -project: Rolling Drops As the equipment supporting our drops and curtains is dated, changing drops can be slow and require significant physical effort. Also, the use of the dated pulleys can be erratic, some needing to be nursed into position. And while there has never been an incident, there is concern that a malfunction may cause the cancellation of a performance or an injury to the on-stage performers or stage crew. Completion of this sub project will create a safer environment using significantly lighter drops, lower power usage and more efficient use of drops. Sub -project: Floor repair As some of the floor areas of the work shop floor are weak, it cannot be used for heavy tools or sets without concerns for safety. As a result, some sets are not of the visual quality desired. In addition, space is limited for building materials and storage of previous sets. Completing this sub project will "expand" the floor to its full area allowing more substantial and creative sets and Printed By: Amber Brice on 1/8/2024 4 of 7 HNeighborly Software creating more storage space for materials and previous sets. Nor only will this result in a more enjoyable theater experience for patrons, but will also allow more sharing of materials with local schools. C.5. Project Alignment with Cultural Arts Strategic Plan (select one or more of the following) ❑ Strengthen the identity of neighborhoods through an investment in public art at the neighborhood level. ❑ Invest in iconic public art in strategic locations to bolster the public art experience. Implement programs that build the capacities of the arts and culture sector to be more unified in their vision toward the same goal. ❑ Define spaces in Clearwater that an investment in the arts can be concentrated for maximum impact. RISupport neighborhoods through broadening and diversifying arts experiences. C.6. Project Alignment with Greenprint 2.0 — Describe how the project/program supports the goals and objectives of Clearwater Greenprint 2.0 as it pertains to the following: • Education and Awareness • Green Energy and Buildings • Transportation • Livability • Water Conservation • Waste Reduction • Local Food • Green Economy Energy: Use of more modern technology, especially the use of LED light fixtures will significantly reduce power usage over long periods of time. Livability. As described above, the use of the theater by SAGES provides instruction and education to community senior citizens regarding heath, safety and handling money C.7. Project Evaluation • Describe how you will determine goals of the project are achieved. • Who will conduct the evaluation? • Who or what will the evaluation target? • What methods will be used to collect participant feedback? (surveys, evaluation forms, interviews, etc.) • When will you collect this information? • How will you use this information for future programs? Continue to maintain a facility as a high -performing place to work, learn, and play. Auditions are always open to new or aspiring actors/singers who gain considerable experience and thespian knowledge from performances. The Board of Directors will establish a target for ticket sales for performances. A facilities manager will prepare a schedule of work for facilities maintenance and improvements. The Board of Directors will determine a schedule for Printed By: Amber Brice on 1/8/2024 5 of 7 Neighborly Software the replacement or repair of existing systems. A committee will be named by the Board of Directors to prepare an evaluation plan for targets and schedules and then assess progress toward and completion of goals. Progress for new systems or maintenance will be easily viewable. To assess the impact of completed sub projects, The Board will assign a Marketing Director to use customer surveys, feedback for circulars distributed within the community and data generated by the new ticking system to assess the composition of the customer base and increased ticket sales. Progress for tangible items will be measured monthly. Surveys will be made periodically and system data analyzed weekly. Vendor success and information will be used to create a vendor resource list for future work. Ticketing system data will be used to strategize better and more successful ways to market our product. C.B. Identify the timeline for implementation of the proposed project/program. Subject to availability f funds: Roof: Fall 2023 Sound system: January 2024 Lighting: January 2024 Rolling Drops: March 2024 Floor repair. Fall 2023 C.9. Sustainability — Describe plans to sustain the project/program after grant funds are expended. Francis Wilson Playhouse has provided quality community theater for 94 years. It has survived various economic cycles and will continue to do so. There is always a demand for quality theater and there has always been avid professional and amateur actors and singers to perform in our volunteer productions. The use of these grant funds will help solidify our ability to continue providing productions with more modern technology and to provide a more enjoyable and comfortable environment for the audience. C.10. Routine Maintenance and Utility Costs — If funding is requested for a capital or infrastructure project, provide the anticipated routine maintenance, including utility costs. Maintenance costs for the lighting and sound system improvements will be minimum. The roof will have at least a 30 - year warranty. Floor maintenance will be routine. It is likely that the theater will start a drop fabric replacement program rotating highly used fabric with those lightly used and most likely replacing heavily used fabric with new fabric, perhaps replacing the fabric for two drops each year. C.11. Fiscal Condition — Describe the fiscal condition of your organization as it relates to the successful completion of the project/program proposed. Francis Wilson Playhouse prior to the COVID shutdown had a vibrant and loyal customer base that filled the theater with an income stream adequate to meet our financial demands. However, as the Playhouse was closed during the COVID shutdown, we lost our only income stream. Cost cutting measures were taken to meet recurring costs and with the help of a grant from the Small Business Administration, we managed to stay financially fluid. However, when reopening, tickets sales were low. Partly due to COVID fears, and partially to an economic slowdown. However, patrons are returning and attendance and season ticket purchases are almost at pre-COVID levels. We are seeing a strong increase in ticket sales, but not enough to avoid a small operating loss for 2023. We feel that Printed By: Amber Brice on 1/8/2024 6 of 7 NNeighborly Software our new on-line ticketing capability will increase sales due to ease of use, advertising of "specials (family night, group discounts, flash sales, etc.). Also, with the added dimensions of a modern sound system and improved theatrical lighting, as well as a "fresher" environment will surely make the productions more enjoyable and result in repeat customers. As such we envision a shrinking annual Toss over the next few years eventually returning us to a pre COVID situation. C.12. Organization's Fiscal Year July 2022 thrugh June 2023 C.13. Organizational Operating Budget Summary >Expense .. $470,466 Tchat CashE $0.00 tri, -Kind Contributions $0.00 pe atin :Expense -: $470,466.00 income &Tot nco $442,282 $0.00 111 ontributions taf Opel $0.00 Printed By: Amber Brice on 1/8/2024 MNeighborly Software comb $442,282.00 7 of 7 D. Funding Request Completed by thegreotp0l@hotmail.com on 9/16/2023 1:44 PM D. Funding Request Case Id: 15970 Name: Francis Wilson Playhouse - 2023 Address: *No Address Assigned Please provide the following information. D.1. Funding Request Table o ro ect°Estimate ' J - Funding Request 4Amoun FtOtheroirr Sources Func in _ ;tJt er � r Personnel: Administrative $0.00 $0.00 $0.00 Personnel: Programmatic $0.00 $0.00 $0.00 Outside Fees and Services: Administrative $265,145.00 $256,945.00 $9,200.00 FWP Outside Fees and Services: Programmatic $0.00 $0.00 $0.00 Outside Fees and Services: Other $0.00 $0.00 $0.00 Space Rental $0.00 $0.00 $0.00 Marketing $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 For Projects: Utility Costs $0.00 $0.00 $0.00 $265,145.00 $256,945.00 $9,200.00 If you selected "Other" please provide expenses in detail We found this portion of the form difficult to use. Instead, please see attached application "grant price breakdown" proposal for price details. D.2. City of Clearwater Cultural Affairs Nonprofit grant funds requested? Note: Allocation of the grant funds will be paid on a case-by-case basis after consulting with awardees their need for the funds. $256,945.00 D.3. Does this project/program anticipate the use of funds or assistance from other organizations? No D.4. Describe your plans to use other funds on this project. In this section, only describe funds that are secured. Provide the source of funds, amounts, and how these funds will be used. FWP funds may be used to pay for projects not fully funded by grants Printed By: Amber Brice on 1/8/2024 011 Neighborly Software 1 of 2 D.S. Describe your plans to seek new funding to supplement ARPA funding. Describe the sources to which you will apply, the amounts sought, and the proposed use of those funds. FWP is currently approaching the general arts community for financial support. This is a new initiative D.6. What will happen if this project is not funded? Projects will be postponed until funding is obtained. D.7. What will happen if this project is partially funded? Depending on the amount of a grant, FWP may fund the shortfall. Printed By: Amber Brice on 1/8/2024 HNeighborly Software 2 of 2 Project Estimate Funding Request Other Funding Other Funding Source ROOF 126,287 126,287 0 Admin/Proj Mgt 1,200 1,200 FWP SUB TOTAL 127,487 126,287 1,200 LIGHTING New Frensel (20) 15,400 15,400 LED LEKO (8) 8,400 8,400 LED Strip Light (12) 5,382 5,382 100' DMX (4) 325 325 25' DMX (6) 273 273 10' DMX (20) 505 505 5' DMX (6) 123 123 Consultant 1,000 1,000 Installation 1,600 1.600 FWP Admin/Proj Mgt 400 400 FWP SUB TOTAL 33,408 32,408 2,000 FLOOR REPAIR Material/Labor 17,050 17,050 Clean/removal 1,500 1.500 FWP Admin/Proj Mgt 1,800 1,800 FWP SUB TOTAL 20.350 17,050 3,300 DROP REPLACEMENT Auto Roll Drop (3) 60.000 60.000 Pulley System Replacement (3) 1,800 1,800 New Fabric (6) 3.600 3.600 Installation 1,500 1,000 500 FWP SUB TOTAL 66,900 66,400 500 SOUND Mic Wireless (6) 1,500 1,500 Mic Midrange (2) 800 800 Speakers (4) 10,000 10,000 Cabling 1,000 Consultant 1,5400 1,5400 Admin/Installation 2,200 2,200 FWP SUB TOTAL 17,000 14,800 2,200 TOTAL 265,145 256,945 9,200 FWP FRANCIS WILSON PLAYHOUSE, INC. Budget vs. Actuals: 93rd Season - FY23 P&L July 2022 - June 2023 TOTAL ACTUAL BUDGET OVER BUDGET % OF BUDGET Revenue 30101 Season Membership 30105 Lobby Bar 306 BENEFIT PERFORMANCE 307 Box Office & On Line Sales 312 ARTS -PEOPLE INCOME 341 ART GALLERY INCOME (SALES) 347 Donations 348 Thunder Tix Income 360 Program Advertising 380 Concerts 400 Theater Rental 49900 Uncategorized Income Total Revenue GROSS PROFIT Expenditures 202 Payroll Expenses 203 Taxes 204 Wages Total 202 Payroll Expenses 299 Uncategorized Expenditure 401 Administrative 201 Interest Expense 402 Donation 501 Bank Service Charges 512 Awards 535 Dues and Publications 546 ARTISTIC DIRECTOR 550 Legal & Accounting 552 Quickbooks Software 565 Office Expenses 568 Cable & Internet 570 Party Expense 580 Postage 595 Telephone Total 401 Administrative 700 Buildings & Grounds 701 Maintenance Supplies 705 Cleaning 710 Fire Protection 715 Insurance 717 STORAGE 718 Building Maintenance 143,651.43 12,783.55 1,565.00 237,234.00 17,812.50 2,183.00 12,412.88 1,653.75 15,836.00 340.00 801.92 $446,274.03 $442,282.00 $446,274.03 $442,282.00 66,700.00 9,800.00 5,600.00 293,852.00 17,500.00 2,380.00 24,000.00 5,950.00 16,500.00 963.20 6,383.68 86,446.81 93,793.69 0.00 967.00 29.73 200.00 310.10 77.50 409.99 70,017.93 13,375.00 1,482.00 3,495.15 1,631.74 475.09 1,551.02 1,888.56 95,910.81 57.30 432.81 10,201.25 1,908.23 21,461.27 6,000.89 2,206.35 76,951.43 2,983.55 -4,035.00 -56,618.00 312.50 -197.00 -11,587.12 1,653.75 -5,950.00 -664.00 340.00 801.92 $3,992.03 $3,992.03 215.37 % 130.44 ''/o 27.95 % 80.73 % 101.79 % 91.72 % 51.72 % 95.98% 100.90 % 100.90 % 963.20 9,000.00 -2,616.32 70.93 % 90,000.00 -3,553.19 96.05 % 99,000.00 -5,206.31 94.74 % 0.00 967.00 29.73 200.00 5,760.00 -5,449.90 5.38 77.50 'Ye 1,680.00 -1,270.01 24.40 % 70,008.00 9.93 100.01 % 12,600.00 775.00 106.15 % 1,666.00 -184.00 88.96 % 5,700.00 -2,204.85 61.32 % 1,860.00 -228.26 87.73 % 475.09 600.00951.02 258.50 % 1,800.00 ;* 88.56 104.92% 101,674.00 -5,763.19 94.33% 57.30 900.00 -467.19 48.09 % 7,200.00 3,001.25 141.68 % 1,775.00 133.23 107.51 % 15,600.00137.57 °/0 5,861.27 7,860.00 -1,859.11 76.35 % 9,516.00 -7,309.65 23.19 `1/0 Accrual Basis Thursday, September 14, 2023 03:28 PM GMT -04:00 1/3 FRANCIS WILSON PLAYHOUSE, INC. Budget vs. Actuals: 93rd Season - FY23 P&L July 2022 - June 2023 TOTAL ACTUAL BUDGET OVER BUDGET % OF BUDGET 719 MAINTENACE LABOR 720 Equipment Maintenance 721 Grounds Maintenance 722 Building 725 Pest Control 738 Janitorial Supplies 740 Electric 742 Water, Sewer, refuse 750 Repairs Total 700 Buildings & Grounds 800 Performance Expense 523 Credit Card Fees 531 Contract -House Manager Coord 556 General Marketing/Advertising 567 ON LINE PROMOTIONS 596 ARTS PEOPLE FEE 597 Thunder Tix Expense 601 Lobby & Bar Supplies 602 Art Gallery Expense 604 LOBBY BAR COORDINATOR 606 Sales Tax (deleted) 615 Ticket Refund 641 CONCERT EXPENSE 673 CONCERT EXPENSE PERSONNEL 709 Parking Space Rental 711 Parking Attendant 723 Production Equipment 801 Advertising -Periodicals 802 Assistant Costumer 803 Choreographer 805 Costume Material 806 Costumer 807 Cast Party 809 Sound Technician 810 Lighting Design 811 Lighting Technician 812 Spotlight 815 Music Director 816 Musicians/Music 830 Programs 835 Props 837 Props Tech 840 Royalties 162.75 2,400.00 1,556.85 2,400.00 2,940.23 1,500.00 873.85 1,748.46 1,320.00 1,342.49 1,500.00 16,250.15 10,800.00 6,133.52 6,600.00 11,457.56 84,733.96 69,37100 -2,237.25 -843.15 1,440.23 873.85 428.46 -157.51 5,450.15 -466.48 11,457.56 15,362.96 15,475.62 7,008.00 8,467.62 9,600.00 9,600.00 0.00 5,299.31 3,264.00 2,035.31 14,947.35 13,200.00 1,747.35 9,723.45 9,600.00 123.45 12,367.19 12,367.19 3,667.36 3,600.00 67.36 2,018.40 3,264.00 -1,245.60 600.00 200.00 400.00 562.70 300.00 262.70 419.00 3,600.00 -3,181.00 117.70 200.00 -82.30 3,825.00 2,500.00 1,325.00 5,453.47 4,400.00 1,053.47 2,605.00 3,600.00 -995.00 571.57 4,800.00 -4,228.43 1,918.71 1,400.00 518.71 2,850.00 3,200.00 -350.00 500.00 300.00 200.00 30,255.42 9,100.00 21,155.42 9,550.00 7,200.00 2,350.00 1,900.42 700.00 1,200.42 4,250.00 3,300.00 950;00 4,600.00 3,300.00 1,300.00 3,300.00 3,300.00 0.00 700.00 750.00 -50.00 7,200.00 6,500.00 700.00 8,950.00 7,500.00 1,450.00 8,582.76 7,600.00 982.76 2,721.90 1,975.00 746,90 500.00 1,200.00 -700.00 34,144.68 35,135.00 -990.32 Accrual Basis Thursday, September 14, 2023 03:28 PM GMT -04:00 6.78 % 64.87 % 196.02 % 132.46 % 89.50 % 150.46 % 92.93 % 122.15% 220.83 % 100.00 % 162.36 % 113.24 % 101.29 % 101.87 % 61.84 % 300.00 % 187.57 % 11.64 % 58.85 % 153.00 % 123.94 % 72.36 % 11.91 % 137.05 % 89.06 % 166.67 % 332.48 % 132.64 % 271.49 % 128.79 % 139.39 % 100.00 % 93.33 % 110.77 % 119.33 % 112.93 % 137.82 % 41.67 % 97.18 % 2/3 FRANCIS WILSON PLAYHOUSE, INC. Budget vs. Actuals: 93rd Season - FY23 P&L July 2022 June 2023 TOTAL ACTUAL BUDGET OVER BUDGET °/0 OF BUDGET 845 Scripts & Music Rentals 850 Set Construction 852 Set Materials 865 Stage Manager Total 800 Performance Expense Total Expenditures NET OPERATING REVENUE Other Revenue 310 Dividend Income/Capital Gains 343 Unrealized Gains/(Loses) Cash back rewards Total Other Revenue Other Expenditures 524 Depreciation Expense 8010 Other Expenses 8011 Investment Expenses Total 8010 Other Expenses Total Other Expenditures NET OTHER REVENUE NET REVENUE 705.79 1,125.00 -419.21 62.74 % 22,328.00 21,200.00 1,128.00 105.32 % 2,671.78 10,000.00 -7,328.22 26.72 % 7,000.00 6,500.00 500.00 107.69 % 241,882.58 200,421.00 41,461.58 120.69 % $516,321.04 $470,466.00 $45,855.04 109.75 % $ -70,047.01 $ -28,184.00 $ -41,863.01 248.53 % 19,769.17 15,800.00 3,969.17 125.12 % 78,560.25 95,700.00 -17,139.75 82.09 % 68.64 68.64 $98,398.06 $111,500.00 -13,101.94 88.25 % 8,633.60 8,633.60 11,644.83 12,480.00 -835.17 11,644.83 12,480.00 -835.17 $20,278.43 $12,480.00 $7,798.43 $78,119.63 $99,020.00 -20,900.37 $8,072.62 $70,836.00 $ -62,763.38 93.31 % 93.31 % 78.89 % 11.40% Accrual Basis Thursday, September 14, 2023 03:28 PM GMT -04:00 3/3 Department of the Treasury Internal Revenue Service Tax Exempt and Government Entities IRs PO Box 2508 Cincinnati, OH 45201 FRANCIS WILSON PLAYHOUSE INC 302 SEMINOLE ST CLEARWATER, FL 33755 Date: February 15, 2023 Employer ID number: 59-1108802 Form 990 required: Yes Person to contact: Name: K Gleason ID number: 0203083 Dear Sir or Madam: We're responding to your request dated February 15, 2023, about your tax-exempt status. We issued you a determination letter in March 1967, recognizing you as tax-exempt under Internal Revenue Code (IRC) Section 501(c)(3): We also show you're not a private foundation as defined under IRC Section 509(a) because you're described in IRC Section 509(a)(2). Donors can deduct contributions they make to you as provided in IRC Section 170. You're also qualified to receive tax-deductible bequests, legacies, devises, transfers, or gifts under IRC Sections 2055, 2106, and 2522. In the heading, we indicated whether you must file an annual information return. If you're required to file a return, you must file one of the following by the 15th day of the 5th month after the end of your annual accounting period. • Form 990, Return of Organization Exempt From Income Tax • Form 990-FZ, Short Form Return of Organization Exempt From Income Tax • Form 990-N, Electronic Notice (e -Postcard) for Tax -Exempt Organizations Not Required to File Form 990 or Form 990EZ • Form 990 -PF, Return of Private Foundation or Section 4947(a)(1) Trust Treated as Private Foundation According to IRC Section 6033(j), if you don't file a required annual information return or notice for 3 consecutive years, we'll revoke your tax-exempt status on the due date of the 3rd required return or notice. You can get IRS forms or publications you need from our website at www.irs.gov/forms-pubs or by calling 800 -TAX - FORM (800-829-3676). If you have questions, call 877-829-5500 between 8 a.m. and 5 p.m., local time, Monday through Friday (Alaska and Hawaii follow Pacific time). Thank you for your cooperation. Sincerely, )44444€d- - Ntor4 Stephen A. Martin Director, Exempt Organizations Rulings and Agreements Letter 4168 (Rev. 9-2020) Catalog Number 66666G U. S. TREASURY 1D. EPARTMENT INTERNAL REVENUE SERVICE DISTRICT DIRECTOR Jacksonville, Florida P. 0.Box 4760 March 31, 1967 Little Theatre of Clearwater, Inc. 302 Seminole Street Clearwater, Florida 33515 Gentle: IN REPLY nfraw Yo Form L-178 d JAX u= 7- PURPOSE &locational ADDRESS INQUIRIES 6 FILE RETURNS WITH DISTRICT DIRECTOR OF INTERNAL REVENUE Jacksonville, Florida FORM 990-A RE- QUIRED ACCOUNTING PERIOD ENDING a cch31 On the basis of your stated purposes and the understanding that your operations will continue as evidenced to date or will conform to those proposed in your ruling application, we have concluded that you are exempt from Federal income tax as an organization described in section 501(c)(3) of the Internal Revenue Code. Any changes in operation from those described, or in your character or purposes, must be reported immediately to your District Director for consideration of their effect upon your exempt status. You must also report any change in your name or address. You are not required to file Federal income tax returns so long as you retain an exempt status, un- less ycu are subject to the tax on unrelated business income imposed by section 511 of the Code, in which event you are required to file Forth 990-T. Our determination as to your liability for filing the annual information return, Form 990-A, is set forth above. That return, if required, must be filed on or before the 15th day of the fifth Month after the close of your annual accounting period indicated above. Contributions made to you are deductible by donors as provided in section 170 of the Code. Be- quests, legacies, devises, transfers or gifts to or for your use are deductible for Federal estate and gift tax purposes under the provisions of section 2055, 2106 and 2522 of the Code. You are not liable for the taxes imposed under the Federal Insurance Contributions Act (social security taxes) unless you file a waiver of exemption certificate as provided in such act. You are not liable for the tax imposed under the Federal Unemployment Tax Act. Inquiries about the waiver of exemption certificate for social security taxes should be addressed to this office, as should any questions concerning excise, employment or other Federal taxes. This is a determination letter. Very truly yours, e/ A. El�Y. O'Donnell, Jr. District Director FORM L-178 (6-64) U. S. TREASURY DEPARTMENT INTERNAL REVENUE SERVICE DISTRICT DIRECTOR Julcus fl ia* Po °AK 4140 Xt, V? tittle Mastro or Cies Inch l! "xi f‘kagtaelAs stmt Clioarteatero '% 33$15 Cartlimns PURPOSE ADDRESS IH4411.1 041 1/CT DIRE JavAnniarl FOAM sso-A RE Qu (RED On the basis of your Stated putposf3 an! the understanding that your operations will cc evidenced to date or will conform to those proposed in your ruling applitettlon, we have that you are exempt from Federal income tax cis an organization described In section 50 the Internal Revenue Code. Any chanes in operation from those described, or in your or purposes, must be reported Immediately to your District Director for consideration of upon your exempt status. You must also report any change in your name or address. You are not required to file Federal Income tax returns so lana as you retain an exempt less you are subject to the tax on unrelated business !(come imposed by section 511 of in which event you are required to file Worn 9904. Our determination as to your liobil. fil;nq the annual information return, Form 991:1-A, is set forth above, That return, If regi be filed an or before the 15th day of the fifth month after the close of your annual eccot indicated above. Contributions made to you are deductible by doncrs as provided in section 170 of the Ct quests, legacies, devises, transfers or gilts to or for your use are deductible forFedera. and gift tax purposes under the provisions of section 2055, 2106 and 2522 of the Code. You ore not liable for the taxes imposed under the Federal Insurance Contributions Act security taxes) unless you file a waiver of exemption certtficete as provided in such Qct not liable for the tax imposed under the Federal Unemployment Tax Act. Inqutrles cbgui of exemption certificate for social security taxes should be addressed to this office, as questions concerning excise, employment or other Federal taxes. This is a determination letter. Very ttulY Yours, Its J. OSlartsaelly Jr. Qistncl Director State of Florida Department of State I certify from the records of this office that FRANCIS WILSON PLAYHOUSE, INC is a corporation organized under the laws of the State of Florida, filed on May 18, 1965. The document number of this corporation is 708965. I further certify that said corporation has paid all fees due this office through December 31, 2023, that its most recent annual report/uniform business report was filed on May 11, 2023, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eleventh day of May, 2023 Secretary of tate Tracking Number: 5016994456CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfstatus/CertificateAuthentication Fonn W-9 )Rev. October 2018) Department of the Treasury Intemal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.lrs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. Print or type. See Specific Instructions on page 3. t Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Francis Wilson Playhouse Inc. 2 Business nametdisregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ IndividuaVsole proprietor or 0 C Corporation 0 S Corporation 0 Partnership 0 Trust/estate single -member LLC 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) 5 ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) It - Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Note: LLC ifthe LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is LLC that is disregarded from the for U.S. federal tax Otherwise, a single -member LLC that Exemption from FATCA reporting code of any) another not owner purposes_ is disregarded from the owner should check the appropriate box for the tax classification of its owner. 1? Other (see instructions) ► 501 C3 t m •cca,xas"°"ta6 ed °""•° ° •use 5 Address (number, street, and apt or suite no.) See instructions. 302 Seminole St. Requester's name and address (optional) 6 City, state, and ZIP code Clearwater, FL 33755 7 List account numbers} here (optional) Part 1 Taxpayer ldentficaiion Number {TlN} Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other entities. it is vnur employer Identification number (EIM. If you do not have a number. see How to aet a Sock 1 security number - - TIN, later. Note: If the account Is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester tor guidelines on whose number to enter. or Employer identification number 5 9 1 1 0 8 8 0 2 Part 11 Certification Under penalties of perjury, I certify that 1. The number shown on this form Is my correct taxpayer Identification number (or I am waking for a number to be Issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, yoy,arl not required,td gn the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.lis.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information retum with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), Individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns include, but are not limited to, the following. • Form 1099 -INT (interest eamed or paid) l Date ► / 2 / �' 2 7 Z • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person (Including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a 77N, you might be subject to backup withholding. See What is backup withholding, tater. Cat No. 10231X Form W-9 (Rev. 10-2018) 1 mAel., State of Florida Department of Revenue FOR YOUR RECORDS ONLY - DO NOT MAIL Original Return Cancellations must be done before 5:00 p.m. ET on the submission date. If the submission is completed after 5:00 p.m. ET on the submission date, weekend, or holiday the cancellation must be done before 5:00 p.m. ET the next business day. All cancellations are permanently deleted from our database. Access Source: 62-8017367281-7 Confirmation Number: 230706138412 Certificate Number Collection Period Confirm Date and Time DR -15 1 62-8017367281-7 04/2023 - 06/2023 07/06/2023 11:31:16 PM ET Location Address 302 SEMINOLE ST CLEARWATER, FL 33755-3857 FRANCIS WILSON PLAYHOUSE INC 302 SEMINOLE ST CLEARWATER, FL 33755-3857 ng Number: rt Number: Type: Co Personal: Name on Bank Accoun 7/10/2023 $371.92 063103915 7420782919 Checking Corporate Lee Catalfomo Due to ederaI security requirements, we can not process international ACH transactions. If any portion of the money used in the payment you may be making today came from a financial institution locatedoutside of the US or its territories for the purpose of funding this payment, please do not proceed and contact the Florida Department of Revenue at 850-488-6800 to make other payment arrangements. By continuing, you are confirming that this payment is notan international ACH transaction. If you are unsure, please contact your financial institution. the Department of Revenue to process this ACH transaction and to debit the checking acct . i understand there may be service charges assessed on any transactions not honored by my bank. Contact Information Name Jaime Witt Phone ( 727 ) 288 - 3758 Email boxoffice@franciswilsonplayhouse.org 7/10/2023 $371.92 063103915 7420782919 Checking Corporate Lee Catalfomo Due to ederaI security requirements, we can not process international ACH transactions. If any portion of the money used in the payment you may be making today came from a financial institution locatedoutside of the US or its territories for the purpose of funding this payment, please do not proceed and contact the Florida Department of Revenue at 850-488-6800 to make other payment arrangements. By continuing, you are confirming that this payment is notan international ACH transaction. If you are unsure, please contact your financial institution. the Department of Revenue to process this ACH transaction and to debit the checking acct . i understand there may be service charges assessed on any transactions not honored by my bank. Signa' Phone Number: Mall Address: Lee Cataifomo 727-4464360 boxoffice@hsanciswilsonplayhouse.org A. Sales/Services/Electricity B. Taxable Purchases C. Commercial Rentals $ 5313.15 0.00 C(a). Less Sales Tax Scholarship Credits $ 0.00 0.00 $ 5313.15 $ 0.00 $ 0.00 $ 371.92 0.00 0.00 0.00 D. Transient Rentals $ 0.00 $ 0.00 $ 0.00 $ 0.00 E Food & Beverage Vending $ 0.00 $ 0.00 $ 0.00 $ 0.00 5. Total Amount of Tax Due $ 371.92 6. Less Lawful Deductions $ 0.00 7. Net Tax Due $ 371.92 8. Less Est Tax Pd/DOR Cr Memo $ 0.00 9. Plus Est. Tax Due Current Month $ 0.00 10. Amount Due $ 371.92 You have chosen not to donate your collection 11. Less Collection Allowance $ 0.00 allowance to education. 12. Plus Penalty $ 0.00 13. Plus Interest $ 0.00 14. Amount Due with Return $ 371.92 Payment you have authorized 371.92 15(a). Exempt Amount of Items Over $5000 (included in Column 3) 15(a). $ 0.00 15(b). Other Taxable Amounts NOT Subject to Surtax (included in Column 3) 15(b). $ 0.00 15(c). Amounts Subject to Surtax at a Rate Different than Your County Surtax Rate 15(c). $ 0.00 (included in Column 3) 15(d). Total Amount of Discretionary Sales Surtax Due (included in Column 4) 15(d). $ 53.13 16. Hope Scholarship Credits (included in Line 6) 16. $ 0.00 17. Taxable Sales/Untaxed Purchases or Uses of Electricity 17. $ 0.00 (included in Line A) 18. Taxable Sales/Untaxed Purchases of Dyed Diesel Fuel 18. $ 0.00 (included in Line A) 19. Taxable Sales from Amusement Machines (included in Line A) 19. $ 0.00 20. Rural or Urban High Crime Area Job Tax Credits 20. $ 0.00 21(a). Scholarship Funding Tax Credit 21(a). $ 0.00 21(b). Film and Entertainment Industry Credit 21(b). $ 0.00 21(c). Economic Energy Zone Credit 21(c). $ 0.00 21(d). Strong Families Tax Credit 21(d). $ 0.00 21(e). New Worlds Reading Initiative Tax Credit 21(e). $ 0.00 21. Other Authorized Credits 21. $ 0.00 12-0153-00 USI INSURANCE SERVICES LLC 2502 N ROCKY POINT DR TAMPA FL 33607-1421 Agency phone: 800-282-3343 59511 (6-22) auto -Owners INSURANCE LIFE • HOME • CAR • BUSINESS PO BOX 30660 • LANSING, MI 48909-8160 06-22-2023 Southern -Owners Insurance Company FRANCIS WILSON PLAYHOUSE INC 302 SEMINOLE ST CLEARWATER FL 33755-3857 RE: Policy 102312-20157979-23 You can view your policy or change your paperless options at any time online at www.auto-owners.com. Thank you for selecting Auto -Owners Insurance Group to serve your insurance needs! Feel free to contact your independent Auto -Owners agent with questions you may have. If you have questions your agent is unable to answer, please contact us at 517.323.1200. Auto -Owners and its affiliate companies offer a full complement of policies, each of which has its own eligibility requirements, coverages and rates. Please take this opportunity to review your insurance needs with your Auto -Owners agent, and discuss which company and program may be most appropriate for you. Auto -Owners Insurance Company was formed in 1916. Our A++ (Superior) rating by A.M. Best Company signifies that we have the financial strength to provide the insurance protection you need. The Auto -Owners Insurance Group is comprised of six property and casualty companies and a life insurance company. Serving Our Policyholders and Agents Since 1916 Agency Code 12-0153-00 Policy Number 102312-20157979 59325 (12-19) NOTICE OF PRIVACY PRACTICES What We Do To Protect Your Privacy At Auto -Owners Insurance Group*, we value your business and we want to retain your trust. In the course of providing products and services, we may obtain nonpublic personal information about you. We assure you that such information is used only for the purpose of providing our products and services to you. Protecting Confidentiality Our agents and Company associates may have access to nonpublic personal information only for the purpose of providing our products or services to you. We maintain physical, electronic and procedural safeguards against unauthorized use of your nonpublic personal information. Information We Obtain To assist in underwriting and servicing your policy, we may obtain nonpublic personal information about you. For example, we routinely obtain information through applications, forms related to our products or services, from visiting www.auto-owners.com, and your transactions with us. We may obtain such information from our affiliates, independent insurance agents, governmental agencies, third parties, or consumer reporting agencies. The type of information that we collect depends on the product or service requested, but may include your name, address, contact information, social security number, credit history, claims history, information to properly investigate and resolve any claims, or billing information. We may obtain your medical history with your permission. The nature and extent of the information we obtain varies based on the nature of the products and services you receive. The Internet and Your Information If you would like to learn about how we gather and protect your information over the Internet, please see our online privacy statement at www.auto-owners.com/privacy. Generally, Auto -Owners may use cookies, analytics, and other technologies to help us provide users with better service and a more customized web experience. Our business partners may use tracking services, analytics, and other technologies to monitor visits to www.auto-owners.com. The website may use web beacons in addition to cookies. You may choose to not accept cookies by changing the settings in your web browser. Information obtained on our websites may include IP address, browser and platform types, domain names, access times, referral data, and your activity while using our site; who should use our web site; the security of information over the Internet; and links and co -branded sites. Limited Disclosure Auto -Owners Insurance Group companies do not disclose any nonpublic personal information about their customers or former customers except as permitted by law. We do not sell your personal information to anyone. We do not offer an opportunity for you to prevent or "opt out of information sharing since we only share personal information with others as allowed by law. When sharing information with third parties to help us conduct our business, we require them to protect your personal information. We do not permit them to use or share your personal information for any purpose other than the work they are doing on our behalf or as required by law. 59325(12-19) Page 1 of 2 Agency Code 12-0153-00 Policy Number 102312-20157979 The types of information disclosed may include personal information we collect as necessary to service your policy or account, investigate and pay claims, comply with state and federal regulatory requests or demands, and process other transactions that you request. Third parties that receive disclosures may include your independent agent, regulators, reinsurance companies, fraud prevention agencies, or insurance adjusters. How Long We Retain Your Information We generally retain your information as long as reasonably necessary to provide you services or to comply with applicable law and in accordance with our document retention policy. We may retain copies of information about you and any transactions or services you have used for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process or govemmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our services, to assist with investigations, to enforce other applicable agreements or policies or to take any other actions consistent with applicable law. In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. This allows the specific information collected (name, email, address, phone number, etc.) to become anonymous, but allows Auto -Owners to keep the transaction or engagement data. Changes to the Privacy Policy We will provide a notice of our privacy policy as required by law. This policy may change from time to time, but you can always review our current policy by visiting our website at www.auto-owners.com/privacy or by contacting us. Contact Us Auto -Owners Insurance Company Phone: 844-359-4595 (toll free) Email: privacyrequest@aoins.com *Auto -Owners Insurance Group includes, Auto -Owners Insurance Company, Auto -Owners Life Insurance Company, Home -Owners Insurance Company, Owners Insurance Company, Property -Owners Insurance Company and Southem-Owners Insurance Company. 59325 (12-19) Page 2 of 2 Agency Code 12-0153-00 Policy Number 102312-20157979 59243 (6-00) Florida POLICYHOLDER INFORMATION AND ASSISTANCE We are here to serve you and as our policyholder your satisfaction is very important to us. Should you have any questions or a complaint regarding your policy that cannot be resolved by your agent, you may contact our Lakeland Regional Office for information and assistance by calling 863-687-4505. Auto -Owners Insurance Company Owners Insurance Company Southern -Owners Insurance Company 59243 (6-00) Page 1 of 1 NOTICE OF CHANGE IN POLICY TERMS COMMERCIAL GENERAL LIABLITY PLUS COVERAGE Dear Policyholder, 65043 (9-22) Effective with this renewal, Commercial General Liability Plus Coverage form 55091 (5-17) is being replaced with Florida - Commercial General Liability Plus Coverage with Limited Hired Auto and Non -owned Auto Liability form 65034 (6-22). We have clarified that the Personal Injury Extension does not cover claims resulting from a violation of the Americans with Disabilities Act (ADA). This is a reduction in coverage. The Hired Auto and Non -Owned Auto Liability coverage contained within this package has been renamed Limited Hired Auto and Non -Owned Auto Liability to clarify that the coverage contains certain limitations and is not the same as that provided by our separate Hired Auto and Non -Owned Auto Liability endorsement. This is a clarification in coverage. If you have any questions regarding your Hired and Non -Owned Liability coverage options, please contact your Auto -Owners agency. This notice is for informational purposes only. Your policy contains the specific terms and conditions of coverage. Please review this endorsement and your policy carefully. If you have any questions regarding your policy or this notice, please contact your Auto -Owners Insurance agency. 65043 (9-22) Page 1 of 1 Tailored Protection Insurance Policy Jouthern-Owners Insurance Company In witness whereof, we, the Southern -Owners Insurance Company, have caused this policy to be issued and to be duly signed by our President and Secretary. /4.z/6 "I Secretary President 55156 (7-12) 'cS'outhern-Owners INSURANCE COMPANY 6101 ANACAPRI BLVD., LANSING, MI 48917-3999 AGENCY USI INSURANCE SERVICES LLC 12-0153-00 MKT TERR 052 INSURED FRANCIS WILSON PLAYHOUSE INC ADDRESS 302 SEMINOLE ST CLEARWATER FL 33755-3857 Page 1 800-282-3343 Issued 06-22-2023 TAILORED PROTECTION POLICY DECLARATIONS Renewal Effective 08-21-2023 POLICY NUMBER 102312-20157979-23 Company Use 20 -23 -FL -1308 Company Bill Policy Term 12:01 a.m. 12:01 a.m. 08-21-2023 to 08-21-2024 In consideration of payment of the premium shown below, this policy is renewed. Please attach this Declarations and attachments to your policy. If you have any questions, please consult with your agent. Business Description: Amateur Theater Entity: Corporation THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PART(S): COMMERCIAL GENERAL LIABILITY COVERAGE FLORIDA INSURANCE GUARANTY ASSOCIATION ASSESSMENT PREMIUM $3,714.00 $26.00 TOTAL $3,740.00 PAID IN FULL DISCOUNT $372.59 TOTAL POLICY PREMIUM IF PAID IN FULL $3,367.41 THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. The Paid in Full Discount does not apply to fixed fees, statutory charges or minimum premiums. Premium shown above for commercial general liability coverage is an advanced premium deposit and may be subject to audit. Forms that apply to all coverage part(s) shown above (except garage liability, dealer's blanket, commercial automobile, if applicable): 55156 (07-12) .55056 (07-87) Countersigned By: USI INSURANCE SERVICES LLC Page 2 Southern -Owners Ins. Co. AGENCY USI INSURANCE SERVICES LLC 12-0153-00 MKT TERR 052 INSURED FRANCIS WILSON PLAYHOUSE INC Issued 06-22-2023 Company POLICY NUMBER 102312-20157979-23 Bill 20 -23 -FL -1308 Term 08-21-2023 to 08-21-2024 55040 (11-87) COVERAGE LIMITS OF INSURANCE General Aggregate (Other Than Products -Completed Operations) Products -Completed Operations Aggregate Personal And Advertising Injury Each Occurrence COMMERCIAL GENERAL LIABILITY PLUS ENDORSEMENT Damage to Premises Rented to You (Fire, Lightning, Explosion, Smoke or Water Damage) Medical Payments Limited Hired Auto & Non -Owned Auto Expanded Coverage Details See Form: Extended Watercraft Personal Injury Extension Broadened Supplementary Payments Broadened Knowledge Of Occurrence Additional Products -Completed Operations Aggregate Blanket Additional Insured - Lessor of Leased Equipment Blanket Additional Insured - Managers or Lessors of Premises Newly Formed or Acquired Organizations Extension Blanket Waiver of Subrogation $2,000,000 $2,000,000 $1,000,000 $1,000,000 $300,000 Any One Premises $10,000 Any One Person $1,000,000 Each Occurrence Twice the "General Aggregate Limit", shown above, is provided at no additional charge for each 12 month period in accordance with form 55885. AUDIT TYPE: Annual Audit Forms that apply to this coverage: 59351 (01-15) 55146 (06-04) 55881 (12-17) CG2106 (05-14) 55513 (05-17) 55719 (05-17) CG2132 (05-09) CG2147;'(12-07) CG0220 (03-12) CG0300 (01-96) CG2109 (06-15) 55885 (05-17) IL0017 (11-85) 59325 (12-19) 55029 (05-17) CG2011 (04-13) IL0021 (07-02) CG0001 (04-13) CG2196 (03-05) 65034 (06-22) Page 3 Southern -Owners Ins. Co. AGENCY USI INSURANCE SERVICES LLC 12-0153-00 MKT TERR 052 INSURED FRANCIS WILSON PLAYHOUSE INC Issued 06-22-2023 Company POLICY NUMBER 102312-20157979-23 Bill 20 -23 -FL -1308 Term 08-21-2023 to 08-21-2024 Location: 302 Seminole St, Clearwater, FL 33755-3857 Territory: 004 County: Pinellas CLASSIFICATION CODE SUBLINE PREMIUM BASIS RATE PREMIUM Commercial General Liability Plus Endorsement 00501 Prem/Op Prem Each 1 Included At 7.4% Of The Premises Operation Premium Prem/Op Included Included Included Concessionaires - Noc 11168 Gross Sales Each 1000 Prem/Op $10,640 27.824 $296.00 Prod/Comp Op $10,640 2.900 $31.00 Theaters Noc (Not -For Profit) 49185 Admissions Each 1000 Prem/Op 12,665 249.442 $3,159.00 Prod/Comp Op 12,665 16.035 $203.00 Additional Interests 49950 Managers/Lessors Of Premises 1. Marine & Aviation Prem/Op Flat Charge $25.00 COMMERCIAL GENERAL LIABILITY COVERAGE - LOCATION 0001 SUMMARY PREMIUM TERRORISM - CERTIFIED ACTS SEE FORM: 59351 EXCLUDED LOCATION 0001 $3,714.00 Southern -Owners Ins. Co. Issued 06-22-2023 AGENCY USI INSURANCE SERVICES LLC Company POLICY NUMBER 102312-20157979-23 12-0153-00 MKT TERR 052 Bill 20 -23 -FL -1308 INSURED FRANCIS WILSON PLAYHOUSE INC Term 08-21-2023 to 08-21-2024 55056 (07-87) SUPPLEMENTAL DECLARATIONS FORM NBR: CG 2011 FORM NAME: MANAGERS/LESSORS OF PREMISES DESIGNATION OF PREMISES - 302 SEMINOLE ST CLEARWATER FL 33755 NAME OF PERSON OR ORG - MARINE & AVIATION DIRECTOR CITY OF CLEARWATER MARINE & AVIATION DEPARTMENT Agency Code 12-0153-00 Policy Number 102312-20157979 COMMERCIAL GENERAL LIABILITY CG 20 11 04 13 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 Designation Of Premises (Part Leased To You): SEE SUPPLEMENTAL DECLARATION Name Of Person(s) Or Organization(s) (Additional Insured): Additional Premium: $ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to in- clude as an additional insured the person(s) or orga- nization(s) shown in the Schedule, but only with re- spect to liability arising out of the ownership, main- tenance 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 demo- lition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and CG2011 0413 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these addi- tional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insur- ance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 1 Agency Code 12-0153-00 Policy Number 102312-20157979 COMMERCIAL GENERAL LIABILITY CG 03 00 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Bodily Injury Liability OR Property Damage Liability OR Bodily Injury Liability and/or Property Damage Liability Combined Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE $ $ $ $ 500 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to damages for all "bodily injury" and "property damage", however caused): APPLIES TO PREMISES OPERATIONS FOR CLASS CODES 11168 AND 49185 A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay dam- ages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. B. You may select a deductible amount on either a per claim or per "occurrence" basis. Your selected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows: 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis, that deductible applies as follows: a. Under Bodily Injury Liability Coverage, to all damages sustained by any one person because of "bodily injury"; CG 03 00 01 96 b. Under Property Damage Liability Coverage, to all damages sustained by any one person because of "property damage"; or c. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages sustained by any one person because of: (1) "Bodily injury"; (2) "Property damage"; or (3) "Bodily injury" and "property damage" combined as the result of any one "occurrence". If damages are claimed for care, loss of services or death resulting at any time from "bodily in- jury", a separate deductible amount will be applied to each person making a claim for such damages. With respect to "property damage", person includes an organization. 2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a Copyright, Insurance Services Office, Inc., 1994 Page 1 of 2 Agency Code 12-0153-00 Policy Number 102312-20157979 "per occurrence" basis, that deductible amount applies as follows: a. Under Bodily Injury Liability Coverage, to all damages because of "bodily injury"; b. Under Property Damage Liability Coverage, to all damages because of "property dam- age"; or c. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages because of: (1) "Bodily injury'; (2) "Property damage"; or (3) "Bodily injury" and "property damage" combined as the result of any one "occurrence", regard- less of the number of persons or organizations CG 03 00 01 96 who sustain damages because of that "occurrence". C. The terms of this insurance, including those with respect to: 1. Our right and duty to defend the insured against any "suits" seeking those damages; and 2. Your duties in the event of an "occurrence", claim, or "suit" apply irrespective of the application of the deductible amount. D. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. Copyright, Insurance Services Office, Inc., 1994 Page 2 of 2 Agency Code 12-0153-00 Policy Number 102312-20157979 55029 (5-17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES is amended. 1. COVERAGE A - BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY, 2. Exclusions is amended. The following exclusion is added. This insurance does not apply to: Any claim, "suit", action or proceeding against any insured arising out of the discharge, dispersal, re- lease, escape or inhalation of any asbestos-related particles, dust, irritants, contaminants, "pollutants", toxic elements or materials. 2. COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions is amended. The following exclusion is added. This insurance does not apply to: Any claim, "suit", action or proceeding against any insured arising out of the discharge, dispersal, 55029 (5-17) release, escape or inhalation of any asbestos- related particles, dust, irritants, contaminants, "pol- lutants", toxic elements or materials. 3. COVERAGE C - MEDICAL PAYMENTS, 2. Exclusions is amended. The following exclusion is added. We will not pay expenses for "bodily injury": For any claim, "suit", action or proceeding against any insured arising out of the discharge, dispersal, release, escape or inhalation of any asbestos- related particles, dust, irritants, contaminants, "pol- lutants", toxic elements or materials. All other policy terms and conditions apply. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Agency Code 12-0153-00 Policy Number 102312-20157979 55885 (5-17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is agreed: SECTION III — LIMITS OF INSURANCE is amended. The following provision is added. Beginning with the effective date of this policy, we will provide twice the General Aggregate Limit (other than Products -Completed Operations), shown in the Declarations. If this policy is written for more than one 12 month period, the General Aggregate Limit for each 12 55885 (5-17) month period shall never exceed twice the General Aggregate Limit shown in the Declarations. The General Aggregate Limit applies separately to each 12 month period starting with the beginning of the policy period shown in the Declarations. All other policy terms and conditions apply. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 55719 (5-17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended. Paragraph e. is deleted and replaced by the following Paragraph. e. All costs taxed against the insured in the "suit" we defend. However, such costs shall not include attorneys' fees or attorneys' expenses taxed against 55719 (5-17) the insured unless the attorneys' fees or attorneys' expenses were taxed against the insured as a result of our rejection of an offer of judgment at or below the applicable limit of insurance while providing a defense for that insured. All other policy terms and conditions apply. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Agency Code 12-0153-00 Policy Number 102312-20157979 55881 (12-17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - INSUFFICIENT FUNDS FEE This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CYBER LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MANUFACTURERS ERRORS AND OMISSIONS LIABILITY COVERAGE PART MISCELLANEOUS PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART Common Policy Conditions are amended. The following condition is added. INSUFFICIENT FUNDS FEE We may impose an insufficient funds fee of up to $15 per occurrence, if, because of insufficient funds, your payment of premium by debit card, credit card, electronic funds transfer or electronic check is returned, 55881 (12-17) declined or cannot be processed. However, we may not charge you an insufficient funds fee if the failure in payment resulted from fraud or misuse on your account from which the payment was made and such fraud or misuse was not attributed to you. All other policy terms and conditions apply. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Agency Code 12-0153-00 Policy Number 102312-20157979 COMMERCIAL GENERAL LIABILITY 55146 (6-04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UPSET AND OVERSPRAY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is agreed the coverage for "property damage" liability with respect to your operations is extended as follows: 1. COVERAGE We will pay those sums which you become legally obligated to pay for "property damage" caused directly by immediate, abrupt and accidental: a. Upset, overtum or collision of your "mobile equipment" while transporting; or b. "Overspray" during your application or dispersal of "pollutants" which are intended for and normally used in your operations. The operations must be in compliance with local, state, and federal ordinances and laws. This is not an additional amount of insurance and does not increase the Limits of Insurance stated in the Decla- rations. 2. EXCLUSIONS a. With regard only to the coverage provided by this endorsement, Exclusion f. of Section 1- Coverage A - Bodily Injury And Property Damage Liability is deleted and replaced by the following: f. Pollution Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (2) 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 "pollutants". However, this paragraph does not apply to liability for damages because of covered "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. 55146 (6-04) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 2000 Page 1 of 2 Agency Code 12-0153-00 Policy Number 102312-20157979 b. The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability: This coverage does not apply to "overspray" resulting from aerial application or dispersal of "pollutants". 3. DEDUCTIBLE Any deductible provision of the policy which is applicable to Property Damage Liability coverage applies to this coverage extension. 4. DEFINITIONS The following definition applies in addition to those in the policy. "Overspray" means spray, from a device specifically designed for spray application or dispersal, that goes beyond the entire area of intended application or dispersal. All other policy terms and conditions apply. 55146 (6-04) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 2000 Page 2 of 2 Agency Code 12-0153-00 Policy Number 102312-20157979 55513 (5-17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYER'S LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION 1- COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIA- BILITY, 2. Exclusions is amended. Exclusion e. Employer's Liability is deleted and replaced by the following exclusion. e. Employer's Liability "Bodily injury" to: (1) An "employee" of any insured arising out of and in the course of employment by any in- sured; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph e.(1). This exclusion applies: (1) Whether any insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay dam- ages because of the injury. This exclusion does not apply to liability as- sumed by any insured under an "insured con- tract". B. SECTION II - WHO IS AN INSURED is amended. Paragraph 1. is deleted and replaced by the follow- ing paragraph for purposes of this endorsement only. 1. a. If you are designated in the Declarations as: (1) An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (2) A partnership or joint venture, you are an insured. Your members, your part- ners, and their spouses are also in- sureds, but only with respect to the conduct of your business. (3) A limited liability company, you are an insured. Your members are also' in- sureds, but only with respect to the conduct of your business. 55513 (5-17) (4) An organization other than a partner- ship, joint venture or limited liability com- pany, you are an insured. Your "execu- tive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. (5) A trust, you are an insured. Your trust- ees are also insureds, but only with re- spect to their duties as trustees. b. However, with respect to paragraphs 1.a.(1) through 1.a.(5), no person is an insured for "bodily injury" or "personal and advertising injury": (1) To: (a) You and your spouse if the Named Insured is an individual; (b) Your members, your partners and their spouses if the Named Insured is a partnership or joint venture; (c) Your members if the Named Insured is a Limited Liability Company; (d) Your "executive officers" and direc- tors if the Named Insured is other than a partnership, joint venture or limited liability company; or (e) Your trustees if the Named Insured is a trust. (2) To an "employee" of any insured while in the course of his or her employment or performing duties related to the con- duct of any insured's business. (3) To any insured's "volunteer workers" while performing duties related to the conduct of any insured's business; (4) To the spouse, child, parent, brother or sister of any "employee" or "volunteer worker" as a consequence of Para- graphs 1.b.(2) or (3). (5) For which there is any obligation to share damages with or repay someone Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 Agency Code 12-0153-00 Policy Number 102312-20157979 55513 (5-17) else who must pay damages because of the injury described in Paragraphs 1.b.(1), (2) and (3). (6) Arising out of his or her providing or failing to provide professional health care services. All other policy terms and conditions apply. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Agency Code 12-0153-00 Policy Number 102312-20157979 65034 (6-22) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA - COMMERCIAL GENERAL LIABILITY PLUS COVERAGE - WITH LIMITED HIRED AUTO AND NON -OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. EXTENDED WATERCRAFT LIABILITY SECTION 1- COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is amended. Exclusion g.(2) is deleted and is replaced by the following exclusion. (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; 2. LIMITED HIRED AUTO AND NON -OWNED AUTO LIABILITY Coverage for "bodily injury" and "property damage" liability provided under SECTION 1- COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, is extended as follows under this item, but only if you do not have any other insurance available to you which affords the same or similar coverage. a. Coverage We will pay those sums the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" arising out of the maintenance or use of an "auto": (1) You do not own; (2) Which is not registered in your name; or (3) Which is not leased or rented to you for more than ninety consecutive days and which is used in your business. b. Exclusions With respect to only LIMITED HIRED AUTO AND NON -OWNED AUTO LIABILITY, the exclusions which apply to SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, other than the Nuclear Energy Liability Exclusion Endorsement, do not apply. The following exclusions apply to this coverage. 65034 (6-22) This coverage does not apply to: (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. (2) Any obligation of the insured under a workers compensation, disability benefits or unemployment compensation law or any similar law. (3) (a) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": 1) That are, or are contained in any property that is: a) Being transported or towed by, handled or prepared for placement into or upon, or taken from the "auto"; b) Otherwise in the course of transit by you or on your behalf; or c) Being disposed of, stored, treated or processed into or upon the "auto"; 2) Before such "pollutants" or property containing "pollutants" are moved from the place they are accepted by you or anyone acting on your behalf for placement into or onto the "auto"; or 3) After such Y•pollutants" or property containing "pollutants" are removed from the "auto" to where they are delivered, disposed of or abandoned Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 Agency Code 12-0153-00 Policy Number 102312-20157979 by you or anyone acting on your behalf. Paragraph (3)(a)1) does not apply to "pollutants" that are needed or result from the normal mechanical, electrical or hydraulic functioning of the "auto" or its parts, if the discharge, release, escape, seepage, migration or dispersal of such "pollutants" is directly from a part of the "auto" designed to hold, store, receive or dispose of such "pollutants" by the "auto" manufacturer. Paragraphs (3)(a)2) and (3)(a)3) do not apply, if as a direct result of maintenance or use of the "auto", "pollutants" or property containing "pollutants" which are not in or upon the "auto", are upset, overturned or damaged at any premises not owned by or leased to you. The discharge, release, escape, seepage, migration or dispersal of the "pollutants" must be directly caused by such upset, overturn or damage. (b) Any loss, cost or expense arising out of any: 1) Request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or 2) 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 "pollutants". (4) "Bodily injury" or "property damage" however caused, arising directly or indirectly, out of: (a) War, including undeclared or civil war; (b) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (c) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of (5) 65034 (6-22) liability in a contract or agreement. This exclusion does not apply to liability for damages: (a) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. However, if the insurance under this policy does not apply to the liability of the insured, it also does not apply to such liability assumed by the insured under an "insured contract". (b) That the insured would have in the absence of the contract or agreement. (6) "Property damage" to: (a) Property owned or being transported by, or rented or loaned to any insured; or (b) Property in the care, custody or control of any insured other than "property damage" to a residence or a private garage by a private passenger "auto" covered by this coverage. (7) (a) "Bodily injury" to: 1) An "employee" of the insured arising out of and in the course of employment by the insured; or 2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (7)(a)1). (b) This exclusion applies: 1) Whether the insured may be liable as an employer or in any other capacity; and 2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. (c) This exclusion does not apply to: 1) Liability assumed by the insured under an "insured contract". 2) "Bodily injury" to any "employee" of the insured arising out of and in the course of his or her domestic employment by the insured unless benefits for such injury are in whole or in part either payable or required to be provided under any workers compensation law. c. Who Is An Insured With respect to only this coverage, SECTION Il - WHO IS AN INSURED is deleted and replaced _. by the following provision. SECTION II - WHO IS AN INSURED (1) Each of the following is an insured with respect to this coverage. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 Agency Code 12-0153-00 (a) You. (b) Your partners if you are designated in the Declarations as a partnership or a joint venture. (c) Your members if you are designated in the Declarations as a limited liability company. (d) Your "executive officers" if you are designated in the Declarations as an organization other than a partnership, joint venture or limited liability company. (e) Any person using the "auto" and any person or organization legally responsible for the use of an "auto" not owned by such person or organization, provided the actual use is with your permission. (2) None of the following is an insured: (a) Any person engaged in the business of his or her employer with respect to "bodily injury " to any co -"employee" of such person injured in the course of employment. (b) Any person using the "auto" and any person other than you, legally responsible for its use with respect to an "auto" owned or registered in the name of: 1) Such person; or 2) Any partner or "executive officer" of yours or a member of his or her household; or 3) Any "employee" or agent of yours who is granted an operating allowance of any sort for the use of such "auto". (c) Any person while employed in or otherwise engaged in duties in connection with an "auto business", other than an "auto business" you operate. (d) The owner or lessee (of whom you are a sub -lessee) of a hired "auto" or the owner of an "auto" you do not own or which is not registered in your name which is used in your business or any agent or employee of any such owner or lessee. (e) Any person or organization with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. d. Additional Definitions The following definition applies to only this coverage. 65034 (6-22) Policy Number 102312-20157979 "Auto business" means the business or occupation of selling, repairing, servicing, storing or parking "autos". e. Limits of Insurance With respect to only this coverage, SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following provision. SECTION III - LIMITS OF INSURANCE (1) The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". (2) We will pay damages for "bodily injury" or "property damage" up to the limits of liability shown in the Declarations for this coverage. Such damages shall be paid as follows: (a) When Limited Hired Auto and Non -Owned Auto Each Occurrence Limit is shown in the Declarations, such limit is the total amount of coverage and the most we will pay for all damages because of or arising out of all "bodily injury" and "property damage" in any one "occurrence". (b) When Bodily Injury Limited Hired Auto and Non -Owned Auto Each Occurrence Limit and Property Damage Limited Hired Auto and Non -Owned Auto Each Occurrence Limit are shown in the Declarations: 1) The limit shown for Bodily Injury Limited Hired Auto and Non -Owned Auto Each Occurrence is the total amount of coverage and the most we will pay for all damages because of or arising out of all "bodily injury" in any one "occurrence". 2) The limit shown for Property Damage Limited Hired Auto and Non -Owned Auto Each Occurrence is the total amount of coverage and the most we will pay for all damages because of or arising out of all "property damage" in any one "occurrence". 3. BROADENED SUPPLEMENTARY PAYMENTS SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, Paragraph 1.d. is amended. The amount we will pay for the actual loss of earnings is increased from $250 per day to $400 per day. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6 Agency Code 12-0153-00 4. ADDITIONAL PRODUCTS -COMPLETED OPERATIONS AGGREGATE LIMIT If the endorsement, EXCLUSION - PRODUCTS - COMPLETED OPERATIONS HAZARD, CG 21 04, is not attached to this policy, then the following provision is added to SECTION III - LIMITS OF INSURANCE. Commencing with the effective date of this policy, we will provide one additional Products -Completed Operations Aggregate Limit, for each annual period, equal to the amount of the Products -Completed Operations Aggregate Limit shown in the Declarations. The maximum Products -Completed Operations Aggregate Limit for any annual period will be no more than two times the original Products -Completed Operations Aggregate Limit. 5. PERSONAL INJURY EXTENSION a. If the endorsement EXCLUSION - PERSONAL AND ADVERTISING INJURY, CG 21 38, is attached to this policy, then this provision, 5. PERSONAL INJURY EXTENSION, does not apply. b. If the endorsement EXCLUSION - PERSONAL AND ADVERTISING INJURY, CG 21 38, is not attached to this policy: (1) SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions is amended. The following exclusion is added. This insurance does not apply to: Americans With Disabilities Act (ADA) "Personal and advertising injury' arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Americans With Disabilities Act (ADA), including any amendment of or addition to such law; (2) Any federal rule or regulation promulgated to implement the ADA and its amendments and additions; or (3) Any federal, state, or local statute, ordinance or regulation, other than the ADA and its amendments and additions, that prohibits discrimination on the basis of disability relating to the use of, access to, or enjoyment of: (a) Facilities used as, or designated or constructed for use as places of public accommodation; (b) Facilities used as, or designated and constructed for use as a commercial facility; (c) Telecommunication systems; (d) Telephones; (e) Internet; 65034 (6-22) Policy Number 102312-20157979 (f) Websites; or (g) Televisions. (2) SECTION V - DEFINITIONS is amended. Paragraph 14. "Personal and advertising injury" is deleted and replaced by the following definition. 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; Infringing upon another's copyright, trade dress or slogan in your "advertisement"; or h. Discrimination, humiliation, sexual harassment and any violation of civil rights caused by such discrimination, humiliation or sexual harassment. 6. BROADENED KNOWLEDGE OF OCCURRENCE SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit is amended. The following condition is added. Paragraphs a. and b. of this condition will not serve to deny any claim for failure to provide us with notice as soon as practicable after an "occurrence" or an offense which may result in a claim: a. If the notice of a new claim is given to your "employee"; and b. That "employee" fails to provide us with notice as soon as practicable. This exception shall not apply to you.or to any officer, director, partner, risk manager or insurance manager of yours. g. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 Agency Code 12-0153-00 Policy Number 102312-20157979 7. DAMAGE TO PREMISES RENTED TO YOU a. SECTION 1- COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE L1ABIL|TY, 2. Exclusions is amended. (1) The Iast paragraph is deleted and replaced by the foliowing paragraph. Exclusions c. through n. do not apply to damage byfire. Iightning, explosion, smoke or water damage to premises rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance appbes to this coverage as descnbed in 7. DAMAGE TO PREMISES RENTED TO YOU, b. Limits of Insurance. (2) The foliowing additional exclusions apply to 'property damage" arising out of water damage to premises rented to you or temporarily occupied by you with permission of the owner. (a) "Property damage" to: 1) The interior of the premises caused by or resufting from ram or snow, whether driven by wind or not; or 2) Heating, air conditioning. plumbing or fire protection systems, or other equipment or appliances. (b) 'Property damage" caused by or resutting from any of the foliowing: 1) Mechanical breakdown, including bursting or rupture caused by centrifugal force; 2) Cracking, settling. expansion or shrinking; 3) Smoke or smog; 4) Birds. insects, rodents or other animals; 5) Wear and tear; 60 Conosiwn, rust, decay, fungus, deterioration, hidden or latent defect or any quality in property that causes such property to destroy or damage itself; or 7) Water that fiows or eaks from any heating, air conditioning. plumbing or fire protection system caused by or resulting from freezing, unless: a) You make a reasonable effort to maintain heat in the building or structure; or b) Youdnsintheequipmcntond shut off the water supply if the heat is not maintained. (c) "Property damage" caused directly or indinec1|ybyanyofthefo||owing: 1) Water that backs up from a dram or sewer; 65034 (6-22) 2) Mud flow or mudslide; 3) Volcanic eruption, explosion or effusion; 4) Any earth movement,suchas earthquake, Iandslide, mine subsidence, earth sinking. earth rising or earth shifting; 5) Regardless of the cause, flood, surface water, waves, tides, tidal waves, storm surge, overflow of any body of water, or their spray, aH whether wind driven or not; or 6) Water under the ground surface pressing on, or seeping or fiowing through: a) Walis, foundations, floors or paved surfaces; b) Basements, whether paved or not; or c) Doors, windows or other openings. (d) "Property damage" for which the insured is obhgated to pay as damages reason of the assumption of Iiability in a contract or agreement. This exclusion does not apply to Iiability for damages that the insured would have in the absence of this contract or agreement. b. Limits of Insurance SECTION III -LIMITS OF INSURANCE is amended. Paragraph 6. is deleted and replaced by the foliowing paragraph. 6. The most we wiij pay under Coverage A for damages because of "property damage" to premises rented to you or temporarily occupied by you with permission of the owner arising out of or caused by fire, \ightning, exp|osion, smoke and water damage is the amount shown in the Declarations under Damage to Premises Rented to Vou. c. SECTION IV' COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, Paragraph b. is amended. The word fire is amended to include fire, Iightning. explosion, smoke or water damage. 8. BLANKET ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT a. (1)SECTION |1 - WHO |S AN INSURED is amended to include as an additional insured any person or organization with whom you have agreed: (a) In a wntten contract or agreement. executed prior to Ioss, to name as an additional insured; or Includes copyrighted materia! of Insurance Services Office, Inc., with its permission. Page 5 of 6 Agency Code 12-0153-00 Policy Number 102312-20157979 (b) In an oral contract or agreement, executed prior to Toss, to name as an additional insured only if a Certificate of Insurance was issued prior to loss indicating that the person or organization was an additional insured. (2) This provision applies only with respect to liability for: (a) "Bodily injury"; (b) "Property damage"; or (c) "Personal and advertising injury" caused in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. b. With respect to the insurance afforded to an additional insured, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. SECTION III - LIMITS OF INSURANCE is amended. The following provision is added for purposes of this endorsement only. The Limits of Insurance for the additional insured are those specked in the written contract or agreement between the insured and the lessor, not to exceed the limits provided in this policy. These limits are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 9. BLANKET ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES a. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization with whom you have agreed: (1) In a written contract or agreement, executed prior to Toss, to name as an additional insured; or (2) In an oral contract or agreement, executed prior to loss, to name as an additional insured only if a Certificate of Insurance was issued prior to loss indicating that the person or organization was an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. b. This provision is subject to the following additional exclusions. (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 additional insured. 65034 (6-22) c. SECTION III - LIMITS OF INSURANCE is amended. The following provision is added for purposes of this endorsement only. The Limits of Insurance for the additional insured are those specified in the written contract or agreement between the insured and the manager or lessor of the premises, not to exceed the limits provided in this policy. These limits are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS SECTION II - WHO IS AN INSURED is amended. Paragraph 3. is deleted and replaced by the following paragraph. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 11. BLANKET WAIVER OF SUBROGATION SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended. The following provision is added to 8. Transfer Of Rights Of Recovery Against Others To Us. When you have agreed to waive your right of subrogation in a written contract, executed prior to loss, with any person or organization, we waive any right of recovery we may have against such person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". All other policy terms and conditions apply. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 Agency Code 12-0153-00 Policy Number 102312-20157979 COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages be- cause of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investi- gate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is lim- ited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insur- ance in the payment of judgments or settle- ments under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; CG 00 01 04 13 (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section 11— Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occur- rence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or autho- rized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which oc- curs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" autho- rized by you to give or receive notice of an "oc- currence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed un- der Paragraph 1. of Section II — Who Is An In- sured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily 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. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". © Insurance Services Office, Inc., 2012 Page 1 of 14 Agency Code 12-0153-00 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement. Solely for the purposes of lia- bility assumed in an "insured contract", rea- sonable attorneys' fees and necessary litiga- tion expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation ex- penses are for defense of that party against a civil or alternative dispute res- olution proceeding in which damages to which this insurance applies are alleged. 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 alco- holic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrong- doing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transpor- tation with respect to any person that may be under the influence of alcohol; CG 00 01 04 13 Policy Number 102312-20157979 if the "occurrence" which caused the "bodily in- jury' or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic bever- ages. For the purposes of this exclusion, per- mitting a person to bring alcoholic beverages on your premises, for consumption on your prem- ises, whether or not a fee is charged or a license is required for such activity, is not by itself con- sidered the business of selling, serving or fur- nishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemploy- ment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages be- cause of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, re- lease or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if © Insurance Services Office, Inc., 2012 Page 2 of 14 Agency Code 12-0153-00 Policy Number 1 0231 2-201 57979 you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any in- sured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the hand- ling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time trans- ported, handled, stored, treated, dis- posed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsi- ble; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or in- directly on any insured's behalf are per- forming operations if the "pollutants" are brought on or to the premises, site or location in connection with such opera- tions by such insured, contractor or sub- contractor. However, this subparagraph does not apply to: (i) "Bodily injury' or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or me- chanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or releaseof the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the CG 00 01 04 13 9. premises, site or location with the intent that they be discharged, dis- persed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connec- tion with operations being performed by you or on your behalf by a con- tractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or in- directly on any insured's behalf are per- 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 effects of, "pollutants". (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, re- move, contain, treat, detoxify or neu- tralize, or in any way respond to, or as- sess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a gov- emmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, de- toxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a govern- mental authority. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrust- ment to others of any aircraft, "auto" or water- craft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading'. This exclusion applies even if the claims against any insured allege negligence or other © Insurance Services Office, Inc., 2012 Page 3 of 14 Agency Code 12-0153-00 Policy Number 102312-20157979 wrongdoing in the supervision, hiring, employ- ment, training or monitoring of others by that in- sured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured con- tract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equip- ment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or CG 00 01 04 13 J. (3) Insurrection, rebellion, revolution, usurped power, or action taken by govemmental authority in hindering or defending against any of these. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced be- cause "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than dam- age by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Pre- mises Rented To You as described in Section 1I1 — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a side- track agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. © Insurance Services Office, Inc., 2012 Page 4 of 14 Agency Code 12-0153-00 m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or danger- ous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and acci- dental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replace- ment, adjustment, removal or disposal of: (1) "Your product": (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any per- son or organization because of a known or sus- pected defect, deficiency, inadequacy or danger- ous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and ad- vertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. However, this exclusion does not apply to lia- bility for damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and appli- cations software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing de- vices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising di- rectly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; CG 00 01 04 13 Policy Number 102312-20157979 (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN -SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemina- tion, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages be- cause of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and adver- tising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insur- ance in the payment of judgments or settle- ments under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments — Coverages A and B. b. This insurance applies to "personal and adver- tising injury" caused by an offense arising out of your business but only if the offense was com- mitted in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another © Insurance Services Office, Inc., 2012 Page 5 of 14 Agency Code 12-0153-00 Policy Number 102312-20157979 and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication, in any manner, of ma- terial whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to con- form with any statement of quality or perfor- mance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, pro- ducts or services stated in your "advertisement", Infringement Of Copyright, Patent, Trade- mark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to in- fringement, in your "advertisement", of copy- right, trade dress or slogan. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; g. 1 - CG 00 01 04 13 (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or ser- vice provider. However, this exclusion does not apply to Para- graphs 14.a., b. and c. of "personal and adver- tising injury" under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or pro- duct in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dis- persal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or reg- ulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or as- sessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using mili- tary personnel or other agents; or Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. (3) 0 Insurance Services Office, Inc., 2012 Page 6 of 14 Agency Code 12-0153-00 Policy Number 102312-20157979 p• Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN -SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemina- tion, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. COVERAGE C — MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "cover- age territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to exami- nation, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the appli- cable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and den- tal services, including prosthetic devices; and (3) Necessary ambulance, hospital, profes- sional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". CG 00 01 0413 b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed opera- tions hazard". Coverage A Exclusions Excluded under Coverage A. 9. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required be- cause of accidents or traffic law violations aris- ing out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fumish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the in- sured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insur- ance, we will not pay any prejudgment interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and be- fore we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 9. © Insurance Services Office, Inc., 2012 Page 7 of 14 Agency Code 12-0153-00 Policy Number 102312-20157979 2. If we defend an insured against a "suit" and an in- demnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks dam- ages for which the insured has assumed the lia- bility of the indemnitee in a contract or agree- ment that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the de- fense of, that indemnitee, has also been as- sumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the inter- ests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to con- duct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coor- dinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemni- tee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supple- mentary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section 1— Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not re- duce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation ex- penses as Supplementary Payments ends when we have used up the applicable limit of insurance in the CG 00 01 04 13 payment of judgments or settlements or the condi- tions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a busi- ness of which you are the sole owner. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their du- ties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "ex- ecutive officers" (if you are an organization other than a partnership, joint venture or limited lia- bility company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited lia- bility company), to a co -"employee" while in the course of his or her em- ployment or performing duties related to the conduct of your business, or to your other "volunteer workers" while perform- ing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volun- teer worker" as a consequence of Paragraph (1)(a) above: © Insurance Services Office, Inc., 2012 Page 8 of 14 Agency Code 12-0153-00 (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or hnovdin or fail- ing to provide professional health care services. (2) Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or con- tno| of, or over which physical control is being exercised for any purpose by; you, any of your "employees", 'volunteer workers', any partner or member (if you are a partnership or joint venture), or any mem- ber (if you are a limited liability company). b. Any person (other than your ^emp|oyee^or^vo|' unteer worker"), or any organization while acting as your real estate manager. c. Any peanization having proper tem- porary custody of your property if you die, but only: (1) With respect to Ilability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but ony with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or imited Iiability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 9Oth day after you acquire or form the organization or the end of the policy period. whichever is earlier; b. Coverage A does not apply to bodily injury or "property damage" that occurred before you ac- quired nrfonnedtheonganizadon;and c. Coverage B does not apply to"personal and ad- vertising inju0/^arisingnutofanoffensecum' mittedbeforeyouacqviredorformedthe organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint ven- tune or limited Iiability company that is not shown as a Named Insured in the Declarations. SECTION 111 — LIMITS OF INSURANCE 1. The Limits of lnsurance shown in the Dectarations and the rules betow fix the most we wiil pay regard- lessless of the number of: CG 00 01 04 13 Policy Number 102312-20157979 a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we wilpay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of bodily injury' or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of 'bodily injury" and "property damage" includedoperty damage" included in the "producthazard^ 4. Subject to Paragraph 2. above, the Personal And Advertising lnjury Limit is the most we will pay under Coverage B for the sum of all damages because of alt "personal and advertising injury" sustained by any one person or organization. S. Subject to Paragraph 2. or 3. above, whichever ap- p|ies.theEmchQccunenceLimitisthemostwewiU pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of alt "bodily injury' and "property damage' arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we wifl pay under Coverage C for all medical expenses because of "bodily injury" sus- tained by any one person. The Limits of Insurance of this Coverage Part apply sep- arately to each consecutive annual period and to any re- inin period of iess than 12 months starting with the beginning ofthe policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the ast preceding period for purposes of determining the Limits of lnsurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. © lnsurance Services Office, Inc., 2012 Page 9 of 14 Agency Code 12-0153-00 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or set- tlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforce- ment of any right against any person or organization which may be liable to the in- sured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of ins.rance. An agreed settlement means a settle- ment and release of liability signed by us, the in- sured and the claimant or the claimant's legal representative. CG 00 01 04 13 Policy Number 1 0231 2-201 57979 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are lim- ited as follows: a. Primary Insurance This insurance is primary except when Para- graph b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether pri- mary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work': (ii) That is Fire insurance for premises rented to you or temporarily occu- pied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occu- pied by you with permission of the owner; or (iv) If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Cover- age A — Bodily Injury And Property Damage Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an addi- tional insured. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other in- surer 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. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other in- surance would pay for the loss in the absence of this insurance; and © Insurance Services Office, Inc., 2012 Page 10 of 14 Agency Code 12-0153-00 Policy Number 102312-20157979 (b) The total of all deductible and self- insured amounts under all that other insurance. (4) We will share the remaining Toss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declara- tions of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send no- tice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned pre- mium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computa- tion, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representa- tions you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Cov- erage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. CG 00 01 04 13 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or sup- porters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer de- signed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person, including death result- ing from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. © Insurance Services Office, Inc., 2012 Page 11 of 14 Agency Code 12-0153-00 above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or simi- lar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, consti- tution, bylaws or any other similar governing document. 7. "Hostile fire" means one which becomes uncontrol- lable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your pro- duct" or "your work" or your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of pre- mises that indemnifies any person or organiza- tion for damage by fire to premises while rented to you or temporarily occupied by you with per- mission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to in- demnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: CG 00 01 04 13 Policy Number 102312-20157979 (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; or (b) Giving directions or instructions, or fail- ing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, en- gineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firrn, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is ac- cepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, water- craft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, mainT,.. tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or © Insurance Services Office, Inc., 2012 Page 12 of 14 Agency Code 12-0153-00 (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the follow- ing types of permanently attached equipment are not "mobile equipment" but will be con- sidered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or fi- nancial responsibility law or other motor vehicle in- surance law where it is licensed or principally ga- raged. Land vehicles subject to a compulsory or fi- nancial responsibility law or other motor vehicle in- surance law are considered "autos". 13. "Occurrence" means an accident, including continu- ous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, in- cluding consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occu- pies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or orga- nization or disparages a person's or organiza- tion's goods, products or services; CG 00 01 04 13 Policy Number 102312-20157979 e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 15. "Pollutants" mean any solid, liquid, gaseous or ther- mal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, recondi- tioned or reclaimed. 16. "Products -completed operations hazard": a. Includes all "bodily injury" and "property dam- age" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your con- tract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the in- jury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "load- ing or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equip- ment or abandoned or unused materials; or (3) Products or operations for which the classifi- cation, listed in the Declarations or in a pol- icy Schedule, states that products -com- pleted operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or © Insurance Services Office, Inc., 2012 Page 13 of 14 Agency Code 12-0153-00 b. Loss of use of tangible property that is not physi- cally injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means in- formation, facts or programs stored as or on, created or used on, or transmitted to or from com- puter software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insur- ance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceed- ing in which such damages are claimed and to which the insured submits with our consent. 19. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "employ- ee" on leave or to meet seasonal or short-term work- load conditions. 20. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. CG 00 01 04 13 Policy Number 102312-20157979 21. "Your product": a. Means: (1) Any goods or products, other than real prop- erty, manufactured, sold, handled, distrib- uted or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose busi- ness or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment fumished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your pro- duct"; and (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 others 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. © Insurance Services Office, Inc., 2012 Page 14 of 14 Agency Code 12-0153-00 Policy Number 102312-20157979 COMMERCIAL GENERAL LIABILITY CG 02 20 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART PRODUCT WITHDRAWAL 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 writ- ten notice of cancellation, accompanied by the reasons for cancellation, at least: (1) 10 days before the effective date of can- cellation if we cancel for non-payment of premium; or (2) 20 days before the effective date of can- cellation if we cancel for any other rea- son, except we may cancel immediately if there has been: (a) A material misstatement or misrep- resentation; or (b) A failure to comply with the under- writing requirements established by the insurer. b. For More Than 90 Days If this policy has been in effect for more than 90 days, we may cancel this policy only for one or more of the following reasons: (1) Nonpayment of premium; (2) The policy was obtained by a material misstatement; (3) Failure to comply with underwriting re- quirements established by the insurer within 90 days of the effective date of coverage; (4) A substantial change in the risk covered by the policy; or CG 02 20 03 12 (5) The cancellation is for all insureds under such policies for a given class of in- sureds. If we cancel this policy for any of these rea- sons, we will mail or deliver to the first Named Insured written notice of cancella- tion, accompanied by the reasons for can- cellation, at least: (a) 10 days before the effective date of can- cellation if we cancel for non-payment of premium; (b) 45 days before the effective date of can- cellation if we cancel for any of the other reasons stated in paragraph 2.b. B. Paragraph 3. of the Cancellation Common Policy Condition is replaced by the following: 3.. We will mail or deliver our notice to the first Named Insured at the last mailing address known to us. C. Paragraph 5. of the Cancellation Common Policy Condition is replaced by the following: 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. If the return premium is not re- funded with the notice of cancellation or when this policy is returned to us, we will mail the re- fund within 15 working days after the date can- cellation takes effect, unless this is an audit policy. If this is an audit policy, then, subject to your full cooperation with us or our agent in securing the necessary data for audit, we will return any pre - Copyright, Insurance Services Office, Inc., 1992 Page 1 of 2 Agency Code 12-0153-00 Policy Number 102312-20157979 mium refund due within 90 days of the date can- cellation takes effect. If our audit is not com- pleted within this time limitation, then we shall accept your own audit, and any premium refund due shall be mailed within 10 working days of receipt of your audit. The cancellation will be effective even if we have not made or offered a refund. D. The following is added and supersedes any other provision to the contrary: Nonrenewal CG 02 20 03 12 1. If we decide not to renew this policy we will mail or deliver to the first Named Insured written no- tice of nonrenewal, accompanied by the reason for nonrenewal, at least 45 days prior to the ex- piration of this policy. 2. Any notice of nonrenewal will be mailed or deliv- ered to the first Named Insured's last mailing ad- dress known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. Copyright, Insurance Services Office, Inc., 1992 Page 2 of 2 Abency Code 12-0153-00 Policy Number 102312-20157979 COMMERCIAL GENERAL LIABILITY [Q2106OS14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF �=����N������N�N ^�� PERSONAL INFORMATION ���� �����~�N—N�����`� 0 N���~ �^�N�. m—��N��°�"���nN���� munom—��"m�^8�0���N N��8nu ��UnN�� DATA -RELATED LIABILITY — WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the foliowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section 1 — Coverage A — Bodily Injury And Property Damage Liability is replaced by the foliowing: 2. Exclusions This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any per- son'sororgan)zadon'sconhdenda|nr personal information, including patents, trade secrets, processing methods, cus- tomer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The Ioss of, loss of use of, damage to, corruption of, inability toaccess, orin- ability 0n manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit moni- toring expenses, forensic expenses, public relations expenses or any other Ioss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above ap- plies, this exclusion does not apply to dam- agesbmcauseof^bodilyinjug/' CG 21 06 05 14 As used in this exclusion, electronic data means inforrnation, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including sys- tems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cefls, data processing devices or any other media which are used with electronically controlled equipment. B. The foliowing is added to Paragraph 2. Exclusions ofSeot)mmI—Covmn*ge B — Personal And Adver- tising dvmpt\simg Injury Liability: 2. Exclusions This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any persons or organization's confldential or personal informa- tion,tion, including patents, trade secrets, pro- cessing methods, customer |ists, financial infor- mation, credit card information, health informa- tion or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other Ioss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or orga- nization's confidential or personal information. © Insurance Services Office, Inc., 2013 Page 1 of 1 Agency Code 12-0153-00 Policy Number 102312-20157979 COMMERCIAL GENERAL LIABILITY CG 21 32 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. Exclusions of Section 1- Coverage A - Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Communicable Disease "Bodily injury" or "property damage" arising out of the actual or alleged transmission of a com- municable disease. This exclusion applies even if the claims against any insured allege negligence or other wrong- doing in the: a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. Testing for a communicable disease; c. Failure to prevent the spread of the disease; or d. Failure to report the disease to authorities. CG 21 32 05 09 The following exclusion is added to Paragraph 2. Exclusions of Section 1- Coverage B - Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Communicable Disease "Personal and advertising injury" arising out of the actual or alleged transmission of a com- municable disease. This exclusion applies even if the claims against any insured allege negligence or other wrong- doing in the: a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. Testing for a communicable disease; c. Failure to prevent that spread of the disease; or d. Failure to report the disease to authorities. © Insurance Services Office, Inc., 2008 Page 1 of 1 Agency Code 12-0153-00 Policy Number 102312-20157979 COMMERCIAL GENERAL LIABILITY CG 21 47 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., Exclusions of Section 1- Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, def- amation, harassment, humiliation, discrim- ination or malicious prosecution directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment- related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury -causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or re- pay someone else who must pay damages because of the injury. CG 21 47 12 07 B. The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability: This insurance does not apply to: "Personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defa- mation, harassment, humiliation, discrim- ination or malicious prosecution directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury -causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. © ISO Properties, Inc., 2006 Page 1 of 1 Agency Code 12-0153-00 Policy Number 102312-20157979 COMMERCIAL GENERAL LIABILITY CG 21 96 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA -RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Silica Or Silica -Related Dust a. "Bodily injury" arising, in whole or in part, out of the actual, alleged, threatened or sus- pected inhalation of, or ingestion of, "silica" or "silica -related dust". b. "Property damage" arising, in whole or in part, out of the actual, alleged, threatened or suspected contact with, exposure to, exis- tence of, or presence of, "silica" or "silica - related dust". c. Any Toss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, contain- ing, treating, detoxifying, neutralizing, reme- diating or disposing of, or in any way re- sponding to or assessing the effects of, "silica" or "silica -related dust", by any in- sured or by any other person or entity. CG 21 96 03 05 B. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Silica Or Silica -Related Dust a. "Personal and advertising injury" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, inges- tion of, contact with, exposure to, existence of, or presence of, "silica" or "silica -related dust". b. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, contain- ing, treating, detoxifying, neutralizing, reme- diating or disposing of, or in any way re- sponding to or assessing the effects of, "sil- ica" or "silica -related dust", by any insured or by any other person or entity. C. The following definitions are added to the Defini- tions Section: 1. "Silica" means silicon dioxide (occurring in crys- talline, amorphous and impure forms), silica par- ticles, silica dust or silica compounds. 2. "Silica -related dust' means a mixture or combi- nation of silica and other dust or particles. © ISO Properties, Inc., 2004 Page 1 of 1 Agency Code 12-0153-00 Policy Number 102312-20157979 COMMERCIAL GENERAL LIABILITY CG 21 09 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.g. Aircraft, Auto Or Watercraft under Section 1— Coverage A — Bodily Injury And Prop- erty Damage Liability is replaced by the following: 2. Exclusions This insurance does not apply to: Aircraft, Auto Or Watercraft (1) Unmanned Aircraft "Bodily injury" or "property damage" arising out of the ownership, mainte- nance, use or entrustment to others of any aircraft that is an "unmanned air- craft". Use includes operation and "loading or unloading". This Paragraph g.(1) applies even if the claims against any insured allege negli- gence or other wrongdoing in the super- vision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" in- volved the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". (2) Aircraft (Other Than Unmanned Aircraft), Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, mainte- nance, use or entrustment to others of any aircraft (other than "unmanned air- craft"), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This Paragraph g.(2) applies even if the claims against any insured allege negli- gence or other wrongdoing in the super- vision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" in- volved the ownership, maintenance, use 9. CG 21 09 06 15 or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph g.(2) does not apply to: (a) A watercraft while ashore on prem- ises you own or rent; (b) A watercraft you do not own that is: (i) Less than 26 feet long; and (ii) Not being used to carry persons or property for a charge; (c) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (d) Liability assumed under any "in- sured contract" for the ownership, maintenance or use of aircraft or watercraft; or (e) "Bodily injury" or "property damage" arising out of: (i) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or fi- nancial responsibility law or other motor vehicle insurance law where it is licensed or prin- cipally garaged; or (ii) The operation of any of the ma- chinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B — Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: © Insurance Services Office, Inc., 2014 Page 1 of 2 Agency Code 12-0153-00 Policy Number 1 0231 2-201 57979 Unmanned Aircraft "Personal and advertising injury" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrong- doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the offense which caused the "personal and ad- vertising injury" involved the ownership, mainte- nance, use or entrustment to others of any air- craft that is an "unmanned aircraft". This exclusion does not apply to: CG 21 09 06 15 a. The use of another's advertising idea in your "advertisement"; or b. Infringing upon another's copyright, trade dress or slogan in your "advertisement". C. The following definition is added to the Definitions section: "Unmanned aircraft" means an aircraft that is not: 1. Designed; 2. Manufactured; or 3. Modified after manufacture; to be controlled directly by a person from within or on the aircraft. © Insurance Services Office, Inc., 2014 Page 2 of 2 Agency Code 12-0153-00 Policy Number 102312-20157979 59351 (1-15) EXCLUSION OF CERTIFIED ACTS OF TERRORISM and IMPORTANT INFORMATION REGARDING TERRORISM RISK INSURANCE COVERAGE It is agreed: 1. The following definition applies: Certified act of terrorism means any act certified by the Secretary of the Treasury, in consultation with: a. the Secretary of Homeland Security; and b. the Attorney General of the United States to be an act of terrorism as defined and in accordance with the federal Terrorism Risk Insurance Act of 2002 (includ- ing ensuing Congressional actions pursuant to the Act). Under the federal Terrorism Risk Insurance Act of 2002 (including ensuing Congressional actions pursuant to the Act) a terrorist act may be certified: a. if the aggregate covered commercial property and casualty insurance losses resulting from the terrorist act ex- ceed $5 million; and b. (1) if the act of terrorism is: a) a violent act; or b) an act that is dangerous to human life, property or infrastructure; and (2) if the act is committed: a) by an individual or individuals as part of an effort to coerce the civilian population of the United States; or b) to influence the policy or affect the conduct of the United States government by coercion. 2. The following exclusion is added: We shall not pay: a. for any loss caused directly or indirectly by a certified act of terrorism, whether or not any other cause or event contributed concurrently or in any sequence to the loss. b. sums any insured becomes legally obligated to pay because of or arising out of bodily injury, property damage, personal injury or advertising injury, if covered by this insurance, caused by a certified act of terrorism. All other policy terms and conditions apply. 59351 (1-15) Page 1 of 2 Agency Code 12-0153-00 IMPORTANT INFORMATION REGARDING TERRORISM RISK INSURANCE COVERAGE Policy Number 102312-20157979 The Terrorism Risk Insurance Act of 2002 was signed into law on November 26, 2002. The Act (including ensuing Con- gressional actions pursuant to the Act) defines an act of terrorism, to mean any act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be (i) an act of terrorism; (ii) to be a violent act or an act that is dangerous to human life, property or infrastructure; (iii) to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and (iv) to have been committed by an individual or individuals as part of an ef- fort 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. At your request, this policy does not provide insurance coverage for certified acts of terrorism as defined in the Act. "Ex- cluded" is shown on the Declarations page under this coverage. In the event of a certified act of terrorism, future policies also may include a government assessed terrorism Toss risk -spreading premium in accordance with the provisions of the Act. 59351 (1-15) Page 2 of 2 Agency Code 12-0153-00 Policy Number 102312-20157979 IL00171185 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION C. EXAMINATIONS OF YOUR BOOKS AND RECORDS 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is autho- rized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. IL00171185 We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. INSPECTIONS AND SURVEYS We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or recommenda- tions relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or stan- dards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. E. PREMIUMS The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return;premiums we pay. Copyright, Insurance Services Office, 1982, 1983 Page 1 of 2 Agency Code 12-0153-00 F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. IL 00 17 11 85 Policy Number 102312-20157979 If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Copyright, Insurance Services Office, 1982, 1983 Page 2 of 2 Agency Code 12-0153-00 Policy Number 102312-20157979 IL 00 21 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modes insurance provided under the following: 1. COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an in- sured under any such policy but for its term- ination upon exhaustion of its limit of liab- ility; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreerp.ent entered into by the United States of America, or any agency thereof, with any person or organization. IL 00 21 07 02 B. Under any Medical Payments coverage, to ex- penses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the oper- ation of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to"bodily injury or "property damage" resulting from "hazardous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuer or "waste" at any time possessed, handled, used, processed, stored, trans- ported or disposed of, by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connectign with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located Copyright, Insurance Services Office, Inc., 1983, 1984 Page 1 of 2 Agency Code 12-0153-00 within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" include radioactive, toxic or explosive properties. "Nuclear material" means "source material", "Special nuclear material" or "by-product material". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or or- ganization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: IL 00 21 07 02 Policy Number 1 0231 2-201 57979 (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; (c) Any equipment or device used for the process- ing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any com- bination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fis- sionable material. "Property damage" includes all forms of radioactive contamination of property. Copyright, Insurance Services Office, Inc., 1983, 1984 Page 2 of 2 CRC Group FACE PAGE This page is the face of the policy referenced by number below and is a part of the policy. Insured's Name: Francis Wilson Playhouse, Inc. Policy Number: CPS7851270 Policy Dates: From: 8/21/2023 To: 8/21/2024 Surplus Lines Agent's Name: Surplus Lines Agent's Address: Surplus Lines Agent's License: Producing Agent's Name: Producing Agent's Physical Address: Marcia Whisman 120 E. Palmetto Park Road, Suite 300 Boca Raton, FL 33432 # P134922 Joyce Rogers 2502 Rocky Point DriveSuite 400 Tampa, FL 33607 "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." Policy Premium: Inspection Fee: Tax: EMPA Surcharge: Surplus Lines Agent's Countersignature: $11,000.00 $150.00 $558.22 $4.00 Policy Fee: Service Fee: Citizen's Assessment: FHCF Assessment: If this policy is a surplus lines, personal lines residential property policy then the following shall apply: $150.00 "THIS POLICY CONTAINS A CO -PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU." If this policy is a surplus lines, personal lines residential property policy which includes the peril of windstorm then the following shall apply: "THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE OR WIND LOSSES, WHICH MAY RESULT IN HIGH OUT- OF-POCKET EXPENSES TO YOU." $6.78 SCOTTSDALE INSURANCE COMPANY* FLORIDA POLICYHOLDER NOTICE SURPLUS LINES INSURERS' POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY. NOTS0381 FL (7-09) Nationwide' Scottsdale Insurance Company National Casualty Company Scottsdale Indemnity Company Scottsdale Surplus Lines Insurance Company CLAIM REPORTING INFORMATION Your insurance policy has been placed with a Nationwide® insurance company. Our commitment to you is to provide fast, fair claim service. Promptly reporting an event that could lead to a claim, as required by your policy, helps us fulfill this commitment to you. Please refer to your policy for this and all other terms and conditions. To report a claim, you may contact us 24 hours a day, 7 days a week, by calling 1-800-423-7675 or via our website at www.nationwideexcessandsurplus.com. Thank you for your business and as always, we appreciate the opportunity to serve you. HOW TO REPORT A CLAIM Call 1-800-423-7675 or visit our website at www.nationwideexcessandsurplus.com. In order to expedite this process, please be prepared to furnish as much of the following information as possible: • Your policy number • Date, time and location of the loss/accident • Details of the Toss/accident • Name, address and phone number of any involved parties • If applicable, name of law enforcement agency or fire department along with the incident number Please refer to your policy for specific claim reporting requirements. NOTX0178CW (3-16) 6 Nationwide Underwritten by: Scottsdale Insurance Company Home Office: One Nationwide Plaza • Columbus, Ohio 43215 Administrative Office: 18700 North Hayden Road • Scottsdale, Arizona 85255 1-800-423-7675 • A Stock Company In Witness Whereof, the Company has caused this policy to be executed and attested. (5 -s -L4 - Secretary President The information contained herein replaces any similar information contained elsewhere in the policy. UTS-COVPG (03-21) Page 1 of 1 NEW COMMON POLICY DECLARATIONS Underwritten by: Scottsdale Insurance Company Home Office: One Nationwide Plaza • Columbus, Ohio 43215 Administrative Office: 18700 North Hayden Road • Scottsdale, Arizona 85255 1-800-423-7675 • A Stock Company ITEM 1. NAMED INSURED AND MAILING ADDRESS FRANCIS WILSON PLAYHOUSE, INC 302 SEMINOLE ST CLEARWATER FL 33755 AGENT NAME AND ADDRESS CRC BINDING (ALTAMONTE SPRINGS, FL) 240 E CENTRAL PKWY STE 3000 ALTAMONTE SPRINGS FL 32701-7848 Policy Number CPS7851270 Agent No.: 09010 Program No.: NONE ITEM 2. POLICY PERIOD From: 08/21/2023 To: 08/21/2024 Term: 366 12:01 A.M., Standard Time at the mailing address shown in ITEM 1. Business Description: NON-PROFIT THEATER In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown, there is no coverage. This premium may be subject to adjustment. Coverage Part(s) Premium Summary Commercial General Liability Coverage Part $ NOT COVERED Commercial Property Coverage Part $ Commercial Crime And Fidelity Coverage Part $ NOT COVERED Commercial Inland Marine Coverage Part $ NOT COVERED Commercial Auto Coverage Part $ Professional Liability Coverage Part $ NOT COVERED Total Policy Premium $ 11, 000.00 $11,000 NOT COVERED TOTAL TAXES AND FEES $ $ Policy Total $ 869.00 11,869.00 Form(s) and Endorsement(s) made a part of this policy at time of issue: See Schedule of Forms and Endorsements NO FLAT CANCELLATIONS ALTAMONTE SPRINGS, FL GL/MB USI INSURANCE SERVICES, LLC - TAMPA 2502 ROCKY POINT DRIVE SUITE 400 TAMPA, FL 33607 THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATION(S), TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART(S), COVERAGE FORM(S) AND FORM(S) AND ENDORSEMENT(S), IF ANY, COMPLETE THE ABOVE -NUMBERED POLICY. Nationwide OPS -D-1-0117 (01-21) 1 Policy No. CPS7851270 Effective Date: 08/21/2023 1 12:01 A.M., Standard Time Named Insured FRANCIS WILSON PLAYHOUSE, INC Agent No. 09010 SCOTTSDALE INSURANCE COMPANY® SCHEDULE OF TAXES, SURCHARGES OR FEES POLICY FEE INSPECTION FEE SURPLUS LINES TAX STAMP FEE FL EMPATF 150.00 150.00 558.22 6.78 4.00 TOTAL TAXES, SURCHARGES OR FEES: 869.00 UTS-126L 10-93 Policy No. CPS7851270 jjk. SCOTTSDALE INSURANCE COMPANY' SCHEDULE OF FORMS AND ENDORSEMENTS Effective Date 08/21/2023 12:01 A.M. Standard Time Named Insured FRANCIS WILSON PLAYHOUSE, INC Agent No. 09010 COMMON POLICY NOTS0381FL 07-09 FLORIDA POLICYHOLDER NOTICE NOTX0178CW 03-16 CLAIM REPORTING INFORMATION NOTX0423CW 12-20 POLICYHOLDER DISCLOSURE - NOTICE OF TERRORISM INSURANCE COVERAGE UTS-COVPG 03-21 COVER PAGE OPS -D-1-0117 01-21 COMMON POLICY DECLARATIONS UTS-126L 10-93 SCHEDULE OF TAXES, SURCHARGES OR FEES UTS-SP-2 12-95 SCHEDULE OF FORMS AND ENDORSEMENTS UTS-SP-3 08-96 SCHEDULE OF LOCATIONS IL 00 17 11-98 COMMON POLICY CONDITIONS IL 09 53 01-15 EXCLUSION OF CERTIFIED ACTS OF TERRORISM UTS-29-FL 06-97 CANCELLATION AND NONRENEWAL -FLORIDA UTS-490 11-18 TOTAL OR CONSTRUCTIVE TOTAL LOSS PROVISION UTS-496 06-19 MINIMUM EARNED CANCELLATION PREMIUM UTS-9g 06-22 SERVICE OF SUIT CLAUSE UTS-491 01-19 ASSIGNMENT OF CLAIM BENEFITS COMMERCIAL PROPERTY CPS -SD -1-0219 01-21 COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL DECLARATIONS CP 00 10 10-12 BUILDING AND PERSONAL PROPERTY COVERAGE FORM CP 00 90 07-88 COMMERCIAL PROPERTY CONDITIONS CFS -103 -FL 01-16 SEWER OR DRAIN DEFINITION ENDORSEMENT -FLORIDA CFS -68s -FL 01-12 CHANGES -FLORIDA CP 01 40 07-06 EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA CP 04 11 09-17 PROTECTIVE SAFEGUARDS CP 10 30 09-17 CAUSES OF LOSS -SPECIAL FORM CP 10 54 06-07 WINDSTORM OR HAIL EXCLUSION CP 10 75 12-20 CYBER INCIDENT EXCLUSION CP 12 11 09-17 BURGLARY AND ROBBERY PROTECTIVE SAFEGUARDS CP 12 18 10-12 LOSS PAYABLE PROVISIONS UTS-SP-2 (12-95) Policy No. CPS7851270 ijk SCOTTSDALE INSURANCE COMPANY® SCHEDULE OF FORMS AND ENDORSEMENTS Effective Date 08/21/2023 Named Insured FRANCIS WILSON PLAYHOUSE, INC Agent No. 09010 12:01 A.M. Standard Time COMMERCIAL PROPERTY IL 04 01 02-12 FLORIDA -SINKHOLE LOSS COVERAGE UTS-SP-2 (12-95) Policy No. CPS7851270 SCOTTSDALE INSURANCE COMPANY® SCHEDULE OF LOCATIONS Effective Date 08/21/2023 12:01 A.M. Standard Time Named Insured FRANCIS WILSON PLAYHOUSE, INC Agent No. 09010 1 Prem. No. Bldg. No. Designated Premises (Address, City, State, Zip Code) Occupancy 1 1 302 SEMINOLE ST CLEARWATER FL 33755 THEATER UTS-SP-3 08-96 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 001711 98 IL 00 17 11 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal repre- sentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 POLICY NUMBER: CPS7851270 IL 09 53 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY SCHEDULE The Exception Covering Certain Fire Losses (Paragraph C) applies to property located in the following state(s), if covered under the indicated Coverage Form, Coverage Part or Policy: State(s) Coverage Form, Coverage Part Or Policy Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following definition is added with respect to the provisions of this endorsement: "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: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or• infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 1L 09 53 01 15 B. The following exclusion is added: CERTIFIED ACT OF TERRORISM EXCLUSION We will not pay for loss or damage caused directly or indirectly by a "certified act of terrorism". Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the Toss. C. Exception Covering Certain Fire Losses The following exception to the exclusion in Paragraph B. applies only if indicated and as indicated in the Schedule of this endorsement. If a "certified act of terrorism" results in fire, we will pay for the loss or damage caused by that fire. Such coverage for fire applies only to direct loss or damage by fire to Covered Property. Therefore, for example, the coverage does not apply to insurance provided under Business Income and/or Extra Expense coverage forms or endorsements which apply to those forms, or to the Legal Liability Coverage Form or the Leasehold Interest Coverage Form. © Insurance Services Office, Inc., 2015 Page 1 of 2 If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 2 of 2 D. Application Of Other Exclusions The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy, such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. © Insurance Services Office, Inc., 2015 IL 09 53 01 15 JkSCOTTSDALE INSURANCE CO PANT° NO. ENDORSEMENT ATTACHED TO AND FORMING POLICY NUMBER ���w�o,���� NAMED INSURED n:.m^�M�omwmmonms) AGENT NO. cmo7851270 • 0e/21/2023 !FRANCIS WILSON PLAYHOUSE. INC 0_212J�--_---� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION AND NONRENEWAL -FLORIDA The Cancellation Condition is deleted in its entirety and replaced by the following: A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policby mailing or deliver- ingtousodvannovvhtb*nnoticeofcanceUadon. 2. If this pokcyhas been in effect for ninety (90) days or Iess and is not a renewal of a policy we issued, we may cancel by mailing or delivering written no- tice of cancellation, including the specific reasons for canoe|labon, to the first Named Insured at a. Ten (10) days before the effective date of cancmlaUon, if we cancel for nonpayment of any premium when due; or b. Twenty (20) days before the effective date of oonoeUoUnn, if we cancel for any other neo- aon, except, we may cancel immediately if there has been: (1) A material misstatement or misrepresen- tmdon; or (2) A failure to comply wth underwriting re- quirements established by us. +quirementeestabUshedbyuu. 3. If this policy has been in effect for more than nine- ty (90) days or is a renewal or continuation of a policy we isnued, we may cancel by mailing or Page 1 of 2 UTS-29-FL (6-97) delivering written noticof cancellation, including the specific reasons for cancellation, to the first Named Insured at least: a. Ten (10) days before the effective date of cmnuelation, if we cancel for nonpayment of any premium when due; or b. Forty-five (45) days before the effective date of cancellation, if we cancel for any other rea- son. 4. We will mail or deliver our noticto the first Named Insuredlast mailinaddress knowto -- 6. Notice of cancellatioby us witi state the effective date of the cancellation. The policy period will end on that date. 6. If we faU to mail or deliver our written noticeof cancellation to the first Named Insured at least forty-five (45) days or twenty (20) days as required in A.2.b. and A.3.b. obovo, the coverage will re- main in effect until forty-five (45) days after the no- tice -mainineffecdunU|hzdv-fivo(45)dayoafterthann- Uca is given or until the effective date of replacement coverage obtained by the first Named |nounod, whichever occurs first. The pre- mium for the coverage shall remain the same dur- inganymunhextonsionpehod. 7. If this policy is canom|ed, we will send the first Named Insured any premium rgfund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 8. If notice is mailed, proof of mailing will be suffi- cient proof of notice. The following Condition is added to the policy and super- sedes any other provision to the contrary: B. Nonrenewal 1. If we decide not to renew this policy, we will mail or deliver written notice of nonrenewal, including the specific reasons for nonrenewal, to the first Named Insured at least forty-five (45) days prior to the expiration of the policy. UTS-29-FL (6-97) 2. If notice is mailed, we will mail it to the last mailing address known to us of the first Named Insured. Proof of mailing will be sufficient proof of notice. 3. If we fail to mail or deliver written notice of nonre- newal to the first Named Insured at least forty-five (45) days prior to the effective date of nonrenewal, the coverage will remain in effect until forty-five (45) days after the notice is given or until the ef- fective date of replacement coverage obtained by the first Named Insured, whichever occurs first. The premium for the coverage shall remain the same during any such extension period. AUTHORIZED REPRESENTATIVE Page 2 of 2 DATE Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (1201 A.M. STANDARD TIME) NAMED INSURED AGENT NO. CPS7851270 08/21/2023 FRANCIS WILSON PLAYHOUSE, INC 09010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL OR CONSTRUCTIVE TOTAL LOSS PROVISION It is understood and agreed that in the event of a total loss or constructive total loss under this policy, one hundred percent (100%) of the premium associated with the covered property that sustains the total loss or constructive total loss shall be earned in full and no return premium shall be due to the named insured. AUTHORIZED REPRESENTATIVE DATE UTS-490 (11-18) Page 1 of 1 6 Nationwide' Underwritten by Scottsdale Insurance Company ENDORSEMENT NO ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATEAGENT (12:01 A.M. STANDARD TIME) NAMED INSURED NO. CPS7851270 08/21/2023 FRANCIS WILSON PLAYHOUSE, INC 09010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM EARNED CANCELLATION PREMIUM The following provision is added to the Cancellation Condition: If You request cancellation of this policy, We will retain not less than 2556' of the premium. / AUTHORIZED REPRESENTATIVE DATE UTS-496 (6-19) Page 1 of 1 0 Nationwide Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. ATTACHED mAND ��/*a^��� POLICY NUMBER �������wE �� nx*1m*m^woxuonm�� NAMEDwn�� ^��wp CgS7851270 :08/2 2023 FRANCIS WILSON PLAYHOUSE, INC 09010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT CLAUSE It is agreed that in the event of the failure of the Company to pay any amount claimed to be due under this policy, the Company, at the requesof the Insured (or reinsured), witi submit to the jurisdiction of any court of competent junsdiction within the United States of America and will comply with all requirements neces- sary to give the court jurisdiction. All matters which arise will be determined in accordance with the law and practice of the court. In a suit instituted against it under this contract, the Company agrees to abide by the final decision of the court or of any appellate court in the event of an appeal. Howmvmr, nothing in this endorsement constitutes a waiver of the Company's right to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Pursuant to any statute of any otate, territory or district of the United States of America which makes a provision therefor, the Company will designate the 8upehntonderd. Commissioner or Director of Insurance or other officer specified for that purpose in the stmUdm, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any ac1ion, suit, or proceeding instituted by or on behalf of the Insured (or reinsured) or any beneficiary arising out of this contract of insurance (or reinsurance). The person named below is authorized and directed to accept service of process on behalf of the Company: CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES, 200 EAST GAINES STREET TALLAHASSEE, FL 32399-0301 ______ ____ Having accepted service of process an behalf of the Company, the person designated above is authorized to mail the process or a true copy to: _ RECIPIENT NOT REQUIRED AUTHORIZED REPRESENTATIVDATE 0 Nationwide Underwritten by: Scottsdale Insurance Company Home Office: One Nationwide Plaza • Columbus, Ohio 43215 Administrative Office: 18700 North Hayden Road • Scottsdale, Arizona 85255 1-800-423-7675 • A Stock Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL DECLARATIONS Policy Number: CPS7851270 Named Insured: FRANCIS WILSON PLAYHOUSE, INC Effective Date: 08/21/2023 (12:01 A.M. Standard Time) Agent Number: 09010 Item 1. Business Description: NON-PROFIT THEATER Item 2. Premises Described: See Schedule of Locations Item 3. $500 Deductible unless otherwise indicated. Bldg. No, Item 4. Coverages Provided: Limit of Insurance Prem. No. Bldg. No. 1 Coverage Limit of Insurance Covered Causes of Loss Coins. 1 1 BUILDING ; ; u Value: Expires: 0 $ 2,000,000 SPECIAL 80 % Construction: O Agreed ❑Business Policy Deductible: Period: Year Built: 1972 No. of Stories: 1 FRAME Value: Expires: al Replacement Extended Cost Income: $2500 Monthly Limit: Maximum Period: Period: Amount Amount: 0 Reporting: 0 Inflation Guard: /0 Special Deductibles Wind or Hail Named Storm Earthquake Form: Form: Form: Amount: Amount: Amount: Prem. No. Bldg. No, Coverage Limit of Insurance Covered Causes of Loss Coins. 1 1 BUSINESS PERSONAL PROPERTY $ 200,000 SPECIAL 90 Construction: 0 Agreed 0 Business Policy Deductible:. Year Built: 1972 No. of Stories: i ; ; u Value: Expires: 0 Replacement Extended Cost Income: $1000 Monthly Limit: Maximum Period: Period: 0 Reporting: 0 Inflation:Guard °!o Special Deductibles Wind or. Hail Named Storm Earthquake Form: Form: Form: Amount Amount: Amount: CPS -SD -1-0219 (01-21) Page 1 of 2 6 Nationwide Underwritten by: Scottsdale Insurance Company Home Office: One Nationwide Plaza • Columbus, Ohio 43215 Administrative Office: 18700 North Hayden Road • Scottsdale, Arizona 85255 1-800-423-7675 • A Stock Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL DECLARATIONS (continued) Policy Number: CPS7851270 Named Insured: FRANCIS WILSON PLAYHOUSE, INC Effective Date: 08 / 21 / 2 023 (12:01 A.M. Standard Time Agent Number: 09010 Prem. No. Bldg. No. Coverage Limit of Insurance Covered Causes of Loss Coins. $ % Construction: 0 Agreed 0 Business Policy Deductible: Year Built: No. of Stories: Value: Expires: 0 Replacement Extended Cost Income: Monthly Limit: Maximum Period: Period: 0 Reporting: 0 Inflation Guard: "Y Special Deductibles Wind or Hail Named Storm Earthquake Form: Form: Form: Amount Amount Amount: SPECIAL PROVISIONS (if any): Item 5. Forms and Endorsements Form(s) and Endorsement(s) made part of this policy at the time of issue: See Schedule of Forms and Endorsements THIS SUPPLEMENTAL DECLARATIONS AND THE COMMON POLICY DECLARATIONS, TOGETHER VVITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENT(S), IF ANY, COMPLETE THE ABOVE -NUMBERED POLICY. CPS -SD -1-0219 (01-21) Page 2 of 2 IfiNatiomviche COMMERCIAL PROPERTY CP 00 10 10 12 BUILDING AND PERSONAL PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section H. Definitions. A. Coverage We will pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss. 1. Covered Property Covered Property, as used in this Coverage Part, means the type of property described in this section, A.1., and limited in A.2. Property Not Covered, if a Limit Of Insurance is shown in the Declarations for that type of property. a. Building, meaning the building or structure described in the Declarations, including: (1) Completed additions; (2) Fixtures, including outdoor fixtures; (3) Permanently installed: (a) Machinery; and (b) Equipment; (4) Personal property owned by you that is used to maintain or service the building or structure or its premises, including: (a) Fire -extinguishing equipment; (b) Outdoor furniture; (c) Floor coverings; and (d) Appliances used for refrigerating, ventilating, cooking, dishwashing or laundering; (5) If not covered by other insurance: (a) Additions under construction, alterations and repairs to the building .pr structure; (b) Materials, equipment, supplies and temporary structures, on or within 100 feet of the described premises, used for making additions, alterations or repairs to the building or structure. CP 00 10 10 12 b. Your Business Personal Property consists of the following property located in or on the building or structure described in the Declarations or in the open (or in a vehicle) within 100 feet of the building or structure or within 100 feet of the premises described in the Declarations, whichever distance is greater: (1) Furniture and fixtures; (2) Machinery and equipment; (3) "Stock"; (4) All other personal property owned by you and used in your business; (5) Labor, materials or services furnished or arranged by you on personal property of others; (6) Your use interest as tenant in improvements and betterments. Improvements and betterments are fixtures, alterations,. installations or additions: (a) Made a part of the building or structure you occupy but do not own; and (b) You acquired or made at your expense but cannot legally remove; (7) Leased personal property for which you have a contractual responsibility to insure, unless otherwise provided for under Personal Property Of Others. c. Personal Property Of Others that is: (1) In your care, custody or control; and (2) Located in or on the building or structure described in the Declarations or in the open (or in a vehicle) within 100 feet of the building or structure or within 100 feet of the premises described in the Declarations, whichever distance is greater. © Insurance Services Office, Inc., 2011 Page 1 of 16 However, our payment for loss of or damage to personal property of others will only be for the account of the owner of the property. 2. Property Not Covered Covered Property does not include: a. Accounts, bills, currency, food stamps or other evidences of debt, money, notes or securities. Lottery tickets held for sale are not securities; b. Animals, unless owned by others and boarded by you, or if owned by you, only as "stock" while inside of buildings; c. Automobiles held for sale; d. Bridges, roadways, walks, patios or other paved surfaces; e. Contraband, or property in the course of illegal transportation or trade; f. The cost of excavations, grading, backfilling or filling; g. Foundations of buildings, structures, machinery or boilers if their foundations are below: (1) The lowest basement floor; or (2) The surface of the ground, if there is no basement; h. Land (including land on which the property is located), water, growing crops or lawns (other than lawns which are part of a vegetated roof); i. Personal property while airborne or waterborne; j. Bulkheads, pilings, piers, wharves or docks; k. Property that is covered under another coverage form of this or any other policy in which it is more specifically described, except for the excess of the amount due (whether you can collect on it or not) from that other insurance; I. Retaining walls that are not part of a building; m. Underground pipes, flues or drains; n. Electronic data, except as provided under the Additional Coverage, Electronic Data. Electronic data means information, facts or computer programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of electronic data, means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data. This paragraph, n., does not apply to your "stock" of prepackaged software, or to electronic data which is integrated in and operates or controls the building's elevator, lighting, heating, ventilation, air conditioning or security system; o. The cost to replace or restore the information on valuable papers and records, including those which exist as electronic data. Valuable papers and records include but are not limited to proprietary information, books of account, deeds, manuscripts, abstracts, drawings and card index systems. Refer to the Coverage Extension for Valuable Papers And Records (Other Than Electronic Data) for limited coverage for valuable papers and records other than those which exist as electronic data; p. Vehicles or self-propelled machines (including aircraft or watercraft) that: (1) Are licensed for use on public roads; or (2) Are operated principally away from the described premises. This paragraph does not apply to: (a) Vehicles or self-propelled machines or autos you manufacture, process or warehouse; Page 2 of 16 © Insurance Services Office, Inc., 2011 CP 0010 10 12 q• (b) Vehicles or self-propelled machines, other than autos, you hold for sale; (c) Rowboats or canoes out of water at the described premises; or (d) Trailers, but only to the extent provided for in the Coverage Extension for Non -owned Detached Trailers; or The following property while outside of buildings: (1) Grain, hay, straw or other crops; (2) Fences, radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers, trees, shrubs or plants (other than trees, shrubs or plants which are "stock" or are part of a vegetated roof), all except as provided in the Coverage Extensions. 3. Covered Causes Of Loss See applicable Causes Of Loss form as shown in the Declarations. 4. Additional Coverages a. Debris Removal (1) Subject to Paragraphs (2), (3) and (4), we will pay your expense to remove debris of Covered Property and other debris that is on the described premises, when such debris is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date of direct physical loss or damage. (2) Debris Removal does not apply to costs to: (a) Remove debris of property of yours that is not insured under this policy, or property in your possession that is not Covered Property; (b) Remove debris of property owned by or leased to the landlord of the building where your described premises are located, unless you have a contractual responsibility to insure such property and it is insured under this policy; (c) Remove any property that is Property Not Covered, including property addressed under the Outdoor Property Coverage Extension; CP 00 10 10 12 (d) Remove property of others of a type that would not be Covered Property under this Coverage Form; (e) Remove deposits of mud or earth from the grounds of the described premises; Extract "pollutants" from land or water; or (g) Remove, restore or replace polluted land or water. (3) Subject to the exceptions in Paragraph (4), the following provisions apply: (a) The most we will pay for the total of direct physical Toss or damage plus debris removal expense is the Limit of Insurance applicable to the Covered Property that has sustained loss or damage. (b) Subject to (a) above, the amount we will pay for debris removal expense is limited to 25% of the sum of the deductible plus the amount that we pay for direct physical loss or damage to the Covered Property that has sustained loss or damage. However, if no Covered Property has sustained direct physical loss or damage, the most we will pay for removal of debris of other property (if such removal is covered under this Additional Coverage) is $5,000 at each location. (4) We will pay up to an additional $25,000 for debris removal expense, for each location, in any one occurrence of physical loss or damage to Covered Property, if one or both of the following circumstances apply: (a) The total of the actual debris removal expense plus the amount we pay for direct physical Toss or damage exceeds the Limit of Insurance on the Covered Property that has sustained loss or damage. (b) The actual debris removal expense exceeds 25% of the sum of the deductible plus the amount that we pay for direct physical loss or damage to the Covered Property that has sustained loss or damage. (f) © Insurance Services Office, Inc., 2011 Page 3 of 16 (5) Therefore, if (4)(a) and/or (4)(b) applies, our total payment for direct physical loss or damage and debris removal expense may reach but will never exceed the Limit of Insurance on the Covered Property that has sustained loss or damage, plus $25,000. Examples The following examples assume that there is no Coinsurance penalty. Example 1 Limit of Insurance: Amount of Deductible: Amount of Loss: Amount of Loss Payable: Debris Removal Expense: Debris Removal Expense Payable: ($10,000 is 20% of $50,000.) The debris removal expense is less than 25% of the sum of the loss payable plus the deductible. The sum of the loss payable and the debris removal expense ($49,500 + $10,000 = $59,500) is less than the Limit of Insurance. Therefore, the full amount of debris removal expense is payable in accordance with the terms of Paragraph (3). Example 2 Limit of Insurance: Amount of Deductible: Amount of Loss: Amount of Loss Payable: $ 90,000 $ 500 $ 50,000 $ 49,500 ($50,000 — $500) $ 10,000 $ 10,000 $ 90,000 $ 500 $ 80,000 $ 79,500 ($80,000 — $500) Debris Removal Expense: Debris Removal Expense Payable Basic Amount: Additional Amount: $ 40,000 $ 10,500 $ 25,000 The basic amount payable for debris removal expense under the terms of Paragraph (3) is calculated as follows: $80,000 ($79,500 + $500) x .25 = $20,000, capped at $10,500. The cap applies because the sum of the loss payable ($79,500) and the basic amount payable for debris removal expense ($10,500) cannot exceed the Limit of Insurance ($90,000). The additional amount payable for debris removal expense is provided in accordance with the terms of Paragraph (4), because the debris removal expense ($40,000) exceeds 25% of the loss payable plus the deductible ($40,000 is 50% of $80,000), and because the sum of the loss payable and debris removal expense ($79,500 + $40,000 = $119,500) would exceed the Limit of Insurance ($90,000). The additional amount of covered debris removal expense is $25,000, the maximum payable under Paragraph (4). Thus, the total payable for debris removal expense in this example is $35,500; $4,500 of the debris removal expense is not covered. b. Preservation Of Property If it is necessary to move Covered Property from the described premises to preserve it from loss or damage by a Covered Cause of Loss, we will pay for any direct physical loss or damage to that property: (1) While it is being moved or while temporarily stored at another location; and (2) Only if the Toss or damage occurs within 30 days after the property is first moved. c. Fire Department Service Charge When the fire department is called to save or protect Covered Property from a Covered Cause of Loss, we will pay up to $1,000 for service at each premises described in the Declarations, unless a higher limit is shown in the Declarations. Such limit is the most we will pay regardless of the number of responding fire departments or fire units, and regardless of the number or type of services performed. This Additional Coverage applies to your liability for fire department service charges: (1) Assumed by contract or agreement prior to loss; or (2) Required by local ordinance. No Deductible applies to this Additional Coverage. Page 4 of 16 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 d. Pollutant Clean-up And Removal We will pay your expense to extract "pollutants" from land or water at the described premises if the discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date on which the Covered Cause of Loss occurs. This Additional Coverage does not apply to costs to test for, monitor or assess the existence, concentration or effects of "pollutants". But we will pay for testing which is performed in the course of extracting the "pollutants" from the land or water. The most we will pay under this Additional Coverage for each described premises is $10,000 for the sum of all covered expenses arising out of Covered Causes of Loss occurring during each separate 12 - month period of this policy. e. Increased Cost Of Construction (1) This Additional Coverage applies only to buildings to which the Replacement Cost Optional Coverage applies. (2) In the event of damage by a Covered Cause of Loss to a building that is Covered Property, we will pay the increased costs incurred to comply with the minimum standards of an ordinance or law in the course of repair, rebuilding or replacement of damaged parts of that property, subject to the limitations stated in e.(3) through e.(9) of this Additional Coverage. The ordinance or law referred to in e.(2) of this Additional Coverage is an ordinance or law that regulates the construction or repair of buildings or establishes zoning or land use requirements at the described premises and is in force at the time of loss. (4) Under this Additional Coverage, we will not pay any costs due to an ordinance or law that: (a) You were required to comply with before the loss, even when the building was undamaged; and (b) You failed to comply with. (3) CP 00 10 10 12 (5) Under this Additional Coverage, we will not pay for: (a) The enforcement of or compliance with any ordinance or law which requires demolition, repair, replacement, reconstruction, remodeling or remediation of property due to contamination by "pollutants" or due to the presence, growth, proliferation, spread or any activity of "fungus", wet or dry rot or bacteria; or (b) Any costs associated with the enforcement of or compliance with an ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants", "fungus", wet or dry rot or bacteria. (6) The most we will pay under this Additional Coverage, for each described building insured under this Coverage Form, is $10,000 or 5% of the Limit of Insurance applicable to that building, whichever is less. If a damaged building is covered under a blanket Limit of Insurance which applies to more than one building or item of property, then the most we will pay under this Additional Coverage, for that damaged building, is the lesser of $10,000 or 5% times the value of the damaged building as of the time of loss times the applicable Coinsurance percentage. The amount payable under this Additional Coverage is additional insurance. With respect to this Additional Coverage: (a) We will not pay for the Increased Cost of Construction: (i) Until the property is actually repaired or replaced at the same or another premises; and (ii) Unless the repair or replacement is made as soon as reasonably possible after the loss or damage, not to exceed two years. We may extend this period in writing during the two years. (7) © Insurance Services Office, Inc., 2011 Page 5 of 16 (b) If the building is repaired or replaced at the same premises, or if you elect to rebuild at another premises, the most we will pay for the Increased Cost of Construction, subject to the provisions of e.(6) of this Additional Coverage, is the increased cost of construction at the same premises. (c) If the ordinance or law requires relocation to another premises, the most we will pay for the Increased Cost of Construction, subject to the provisions of e.(6) of this Additional Coverage, is the increased cost of construction at the new premises. (8) This Additional Coverage is not subject to the terms of the Ordinance Or Law Exclusion to the extent that such Exclusion would conflict with the provisions of this Additional Coverage. The costs addressed in the Loss Payment and Valuation Conditions and the Replacement Cost Optional Coverage, in this Coverage Form, do not include the increased cost attributable to enforcement of or compliance with an ordinance or law. The amount payable under this Additional Coverage, as stated in e.(6) of this Additional Coverage, is not subject to such limitation. f. Electronic Data (1) Under this Additional Coverage, electronic data has the meaning described under Property Not Covered, Electronic Data. This Additional Coverage does not apply to your "stock" of prepackaged software, or to electronic data which is integrated in and operates or controls the building's elevator, lighting, heating, ventilation, air conditioning or security system. (2) Subject to the provisions of this Additional Coverage, we will pay for the cost to replace or restore electronic data which has been destroyed or corrupted by a Covered Cause of Loss. To the extent that electronic data is not replaced or restored, the loss will be valued at the cost of replacement of the media on which the electronic data was stored, with blank media of substantially identical type. (9) (3) The Covered Causes of Loss applicable to Your Business Personal Property apply to this Additional Coverage, Electronic Data, subject to the following: (a) If the Causes Of Loss — Special Form applies, coverage under this Additional Coverage, Electronic Data, is limited to the "specified causes of loss" as defined in that form and Collapse as set forth in that form. (b) If the Causes Of Loss — Broad Form applies, coverage under this Additional Coverage, Electronic Data, includes Collapse as set forth in that form. If the Causes Of Loss form is endorsed to add a Covered Cause of Loss, the additional Covered Cause of Loss does not apply to the coverage provided under this Additional Coverage, Electronic Data. (d) The Covered Causes of Loss include a virus, harmful code or similar instruction introduced into or enacted on a computer system (including electronic data) or a network to which it is connected, designed to damage or destroy any part of the system or disrupt its normal operation. But there is no coverage for Toss or damage caused by or resulting from manipulation of a computer system (including electronic data) by any employee, including a temporary or leased employee, or by an entity retained by you or for you to inspect, design, install, modify, maintain, repair or replace that system. (c) Page 6 of 16 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 (4) The most we will pay under this Additional Coverage, Electronic Data, is $2,500 (unless a higher limit is shown in the Declarations) for all Toss or damage sustained in any one policy year, regardless of the number of occurrences of Toss or damage or the number of premises, locations or computer systems involved. If loss payment on the first occurrence does not exhaust this amount, then the balance is available for subsequent loss or damage sustained in but not after that policy year. With respect to an occurrence which begins in one policy year and continues or results in additional loss or damage in a subsequent policy year(s), all loss or damage is deemed to be sustained in the policy year in which the occurrence began. 5. Coverage Extensions Except as otherwise provided, the following Extensions apply to property located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the described premises. If a Coinsurance percentage of 80% or more, or a Value Reporting period symbol, is shown in the Declarations, you may extend the insurance provided by this Coverage Part as follows: a. Newly Acquired Or Constructed Property (1) Buildings If this policy covers Building, you may extend that insurance to apply to: (a) Your new buildings while being built on the described premises; and (b) Buildings you acquire at locations, other than the described premises, intended for: (I) Similar use as the building described in the Declarations; or (ii) Use as a warehouse. The most we will pay for loss or damage under this Extension is $250,000 at each building. CP 00 10 10 12 (2) Your Business Personal Property (a) If this policy covers Your Business Personal Property, you may extend that insurance to apply to: (i) Business personal property, including such property that you newly acquire, at any location you acquire other than at fairs, trade shows or exhibitions; or (ii) Business personal property, including such property that you newly acquire, located at your newly constructed or acquired buildings at the location described in the Declarations. The most we will pay for Toss or damage under this Extension is $100,000 at each building. (b) This Extension does not apply to: (i) Personal property of others that is temporarily in your possession in the course of installing or performing work on such property; or (ii) Personal property of others that is temporarily in your possession in the course of your manufacturing or wholesaling activities. Period Of Coverage With respect to insurance provided under this Coverage Extension for Newly Acquired Or Constructed Property, coverage will end when any of the following first occurs: (a) This policy expires; (b) 30 days expire after you acquire the property or begin construction of that part of the building that would qualify as covered property; or (c) You report values to us. We will charge you additional premium for values reported from the date you acquire the property or begin construction of that part of the building that would qualify as covered property. (3) © Insurance Services Office, Inc., 2011 Page 7 of 16 b. Personal Effects And Property Of Others You may extend the insurance that applies to Your Business Personal Property to apply to: (1) Personal effects owned by you, your officers, your partners or members, your managers or your employees. This Extension does not apply to loss or damage by theft. (2) Personal property of others in your care, custody or control. The most we will pay for loss or damage under this Extension is $2,500 at each described premises. Our payment for loss of or damage to personal property of others will only be for the account of the owner of the property. c. Valuable Papers And Records (Other Than Electronic Data) (1) You may extend the insurance that applies to Your Business Personal Property to apply to the cost to replace or restore the lost information on valuable papers and records for which duplicates do not exist. But this Extension does riot apply to valuable papers and records which exist as electronic data. Electronic data has the meaning described under Property Not Covered, Electronic Data. (2) If the Causes Of Loss — Special Form applies, coverage under this Extension is limited to the "specified causes of loss" as defined in that form and Collapse as set forth in that form. If the Causes Of Loss — Broad Form applies, coverage under this Extension includes Collapse as set forth in that form. (4) Under this Extension, the most we will pay to replace or restore the lost information is $2,500 at each described premises, unless a higher limit is shown in the Declarations. Such amount is additional insurance. We will also pay for the cost of blank material for reproducing the records (whether or not duplicates exist) and (when there is'a duplicate) for the cost of labor to transcribe or copy the records. The costs of blank material and labor are subject to the applicable Limit of Insurance on Your Business Personal Property and, therefore, coverage of such costs is not additional insurance. (3) d. Property Off -premises (1) You may extend the insurance provided by this Coverage Form to apply to your Covered Property while it is away from the described premises, if it is: (a) Temporarily at a location you do not own, lease or operate; (b) In storage at a location you lease, provided the lease was executed after the beginning of the current policy term; or (c) At any fair, trade show or exhibition. (2) This Extension does not apply to property: (a) In or on a vehicle; or (b) In the care, custody or control of your salespersons, unless the property is in such care, custody or control at a fair, trade show or exhibition. (3) The most we will pay for loss or damage under this Extension is $10,000. e. Outdoor Property You may extend the insurance provided by this Coverage Form to apply to your outdoor fences, radio and television antennas (including satellite dishes), trees, shrubs and plants (other than trees, shrubs or plants which are "stock" or are part of a vegetated roof), including debris removal expense, caused by or resulting from any of the following causes of loss if they are Covered Causes of Loss: (1) Fire; (2) Lightning; (3) Explosion; (4) Riot or Civil Commotion; or (5) Aircraft. The most we will pay for loss or damage under this Extension is $1,000, but not more than $250 for any one tree, shrub or plant. These limits apply to any one occurrence, regardless of the types or number of items lost or damaged in that occurrence. Page 8 of 16 © Insurance Services Office, Inc., 2011 CP 0010 10 12 Subject to all aforementioned terms and limitations of coverage, this Coverage Extension includes the expense of removing from the described premises the debris of trees, shrubs and plants which are the property of others, except in the situation in which you are a tenant and such property is owned by the landlord of the described premises. f. Non -owned Detached Trailers (1) You may extend the insurance that applies to Your Business Personal Property to apply to loss or damage to trailers that you do not own, provided that: (a) The trailer is used in your business; (b) The trailer is in your care, custody or control at the premises described in the Declarations; and (c) You have a contractual responsibility to pay for loss or damage to the trailer. (2) We will not pay for any loss or damage that occurs: (a) While the trailer is attached to any motor vehicle or motorized conveyance, whether or not the motor vehicle or motorized conveyance is in motion; (b) During hitching or unhitching operations, or when a trailer becomes accidentally unhitched from a motor vehicle or motorized conveyance. The most we will pay for Toss or damage under this Extension is $5,000, unless a higher limit is shown in the Declarations. (4) This insurance is excess over the amount due (whether you can collect on it or not) from any other insurance covering such property. Business Personal Property Temporarily In Portable Storage Units (1) You may extend the insurance that applies to Your Business Personal Property to apply to such property while temporarily stored in a portable storage unit (including a detached trailer) located within 100 feet of the building or structure described in the Declarations or within 100 feet of the premises described in the Declarations, whichever distance is greater. g. (3) CP 00101012 (2) If the applicable Covered Causes of Loss form or endorsement contains a limitation or exclusion concerning Toss or damage from sand, dust, sleet, snow, ice or rain to property in a structure, such limitation or exclusion also applies to property in a portable storage unit. (3) Coverage under this Extension: (a) Will end 90 days after the business personal property has been placed in the storage unit; (b) Does not apply if the storage unit itself has been in use at the described premises for more than 90 consecutive days, even if the business personal property has been stored there for 90 or fewer days as of the time of Toss or damage. (4) Under this Extension, the most we will pay for the total of all loss or damage to business personal property is $10,000 (unless a higher limit is indicated in the Declarations for such Extension) regardless of the number of storage units. Such limit is part of, not in addition to, the applicable Limit of Insurance on Your Business Personal Property. Therefore, payment under this Extension will not increase the applicable Limit of Insurance on Your Business Personal Property. (5) This Extension does not apply to loss or damage otherwise covered under this Coverage Form or any endorsement to this Coverage Form or policy, and does not apply to Toss or damage to the storage unit itself. Each of these Extensions is additional insurance unless otherwise indicated. The Additional Condition, Coinsurance, does not apply to these Extensions. B. Exclusions And Limitations See applicable Causes Of Loss form as shown in the Declarations. C. Limits Of Insurance The most we will pay for loss or damage in any one occurrence is the applicable Limit Of Insurance shown in the Declarations. The most we will pay for loss or damage to outdoor signs, whether or not the sign is attached to a building, is $2,500 per sign in any one occurrence. © Insurance Services Office, Inc., 2011 Page 9 of 16 The amounts of insurance stated in the following Additional Coverages apply in accordance with the terms of such coverages and are separate from the Limit(s) Of Insurance shown in the Declarations for any other coverage: 1. Fire Department Service Charge; 2. Pollutant Clean-up And Removal; 3. Increased Cost Of Construction; and 4. Electronic Data. Payments under the Preservation Of Property Additional Coverage will not increase the applicable Limit of Insurance. D. Deductible In any one occurrence of Toss or damage (hereinafter referred to as loss), we will first reduce the amount of loss if required by the Coinsurance Condition or the Agreed Value Optional Coverage. If the adjusted amount of loss is less than or equal to the Deductible, we will not pay for that loss. If the adjusted amount of loss exceeds the Deductible, we will then subtract the Deductible from the adjusted amount of loss and will pay the resulting amount or the Limit of Insurance, whichever is less. When the occurrence involves loss to more than one item of Covered Property and separate Limits of Insurance apply, the losses will not be combined in determining application of the Deductible. But the Deductible will be applied only once per occurrence. Example 1 (This example assumes there is no Coinsurance penalty.) Deductible: Limit of Insurance — Building 1: Limit of Insurance — Building 2: Loss to Building 1: Loss to Building 2: $ 250 $ 60,000 $ 80,000 $ 60,100 $ 90,000 The amount of loss to Building 1 ($60,100) is less than the sum ($60,250) of the Limit of Insurance applicable to Building 1 plus the Deductible. The Deductible will be subtracted from the amount of loss in calculating the loss payable for Building 1: $ 60,100 — 250 $ 59,850 Loss Payable — Building 1 The Deductible applies once per occurrence and therefore is not subtracted in determining the amount of loss payable for Building 2. Loss payable for Building 2 is the Limit of Insurance of $80,000. Page 10 of 16 Total amount of loss payable: $59,850 + $80,000 = $139,850 Example 2 (This example, too, assumes there is no Coinsurance penalty.) The Deductible and Limits of Insurance are the same as those in Example 1. Loss to Building 1: $ 70,000 (Exceeds Limit of Insurance plus Deductible) Loss to Building 2: $ 90,000 (Exceeds Limit of Insurance plus Deductible) Loss Payable — Building 1: $ 60,000 (Limit of Insurance) Loss Payable — Building 2: $ 80,000 (Limit of Insurance) Total amount of loss payable: $ 140,000 E. Loss Conditions The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions: 1. Abandonment There can be no abandonment of any property to us. 2. Appraisal If we and you disagree on the value of the property or the amount of loss, either may make written demand for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. 3. Duties In The Event Of Loss Orr Damage a. You must see that the following are done in the event of loss or damage to Covered Property: (1) Notify the police if a law may have been broken. © Insurance Services Office, Inc., 2011 CP 00 10 10 12 (2) Give us prompt notice of the loss or damage. Include a description of the property involved. As soon as possible, give us a description of how, when and where the Toss or damage occurred. (4) Take all reasonable steps to protect the Covered Property from further damage, and keep a record of your expenses necessary to protect the Covered Property, for consideration in the settlement of the claim. This will not increase the Limit of Insurance. However, we will not pay for any subsequent loss or damage resulting from a cause of loss that is not a Covered Cause of Loss. Also, if feasible, set the damaged property aside and in the best possible order for examination. At our request, give us complete inventories of the damaged and undamaged property. Include quantities, costs, values and amount of Toss claimed. (6) As often as may be reasonably required, permit us to inspect the property proving the Toss or damage and examine your books and records. Also, permit us to take samples of damaged and undamaged property for inspection, testing and analysis, and permit us to make copies from your books and records. Send us a signed, sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. Cooperate with us in the investigation or settlement of the claim. b. We may examine any insured under oath, while not in the presence of any other insured and at such times as may be reasonably required, about any matter relating to this insurance or the claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed. (3) (5) (7) (8) CP 00 10 10 12 4. Loss Payment a. In the event of loss or damage covered by this Coverage Form, at our option, we will either: (1) Pay the value of lost or damaged property; (2) Pay the cost of repairing or replacing the lost or damaged property, subject to b. below; Take all or any part of the property at an agreed or appraised value; or (4) Repair, rebuild or replace the property with other property of like kind and quality, subject to b. below. We will determine the value of lost or damaged property, or the cost of its repair or replacement, in accordance with the applicable terms of the Valuation Condition in this Coverage Form or any applicable provision which amends or supersedes the Valuation Condition. b. The cost to repair, rebuild or replace does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction, use or repair of any property. c. We will give notice of our intentions within 30 days after we receive the sworn proof of loss. d. We will not pay you more than your financial interest in the Covered Property. e. We may adjust losses with the owners of lost or damaged property if other than you. If we pay the owners, such payments will satisfy your claims against us for the owners' property. We will not pay the owners more than their financial interest in the Covered Property. f. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. g. We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss, if you have complied with all of the terms of this Coverage Part, and: (1) We have reached agreement with you on the amount of loss; or (2) An appraisal award has been made. (3) © Insurance Services Office, Inc., 2011 Page 11 of 16 h. A party wall is a wall that separates and is common to adjoining buildings that are owned by different parties. In settling covered losses involving a party wall, we will pay a proportion of the loss to the party wall based on your interest in the wall in proportion to the interest of the owner of the adjoining building. However, if you elect to repair or replace your building and the owner of the adjoining building elects not to repair or replace that building, we will pay you the full value of the Toss to the party wall, subject to all applicable policy provisions including Limits of Insurance, the Valuation and Coinsurance Conditions and all other provisions of this Loss Payment Condition. Our payment under the provisions of this paragraph does not alter any right of subrogation we may have against any entity, including the owner or insurer of the adjoining building, and does not alter the terms of the Transfer Of Rights Of Recovery Against Others To Us Condition in this policy. 5. Recovered Property If either you or we recover any property after loss settlement, that party must give the other prompt notice. At your option, the property will be returned to you. You must then return to us the amount we paid to you for the property. We will pay recovery expenses and the expenses to repair the recovered property, subject to the Limit of Insurance. 6. Vacancy a. Description Of Terms (1) As used in this Vacancy Condition, the term building and the term vacant have the meanings set forth in (1)(a) and (1)(b) below: (a) When this policy is issued to a tenant, and with respect to that tenant's interest in Covered Property, building means the unit or suite rented or leased to the tenant. Such building is vacant when it does not contain enough business personal property to conduct customary operations. (b) When this policy is issued to the owner or general lessee of a building, building means the entire building. Such building is vacant unless at least 31% of its total square footage is: (i) Rented to a lessee or sublessee and used by the lessee or sublessee to conduct its customary operations; and/or (ii) Used by the building owner to conduct customary operations. (2) Buildings under construction or renovation are not considered vacant. b. Vacancy Provisions If the building where loss or damage occurs has been vacant for more than 60 consecutive days before that loss or damage occurs: (1) We will not pay for any Toss or damage caused by any of the following, even if they are Covered Causes of Loss: (a) Vandalism; (b) Sprinkler leakage, unless you have protected the system against freezing; (c) Building glass breakage; (d) Water damage; (e) Theft; or (f) Attempted theft. (2) With respect to Covered Causes of Loss other than those listed in b.(1)(a) through b.(1)(f) above, we will reduce the amount we would otherwise pay for the loss or damage by 15%. 7. Valuation We will determine the value of Covered Property in the event of loss or damage as follows: a. At actual cash value as of the time of loss or damage, except as provided in b., c., d. and e. below. b. If the Limit of Insurance for Building satisfies the Additional Condition, Coinsurance, ,and the cost to repair or replace the damaged building property is $2,500 or Tess, we will pay the cost of building repairs or replacement. Page 12 of 16 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 The cost of building repairs or replacement does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction, use or repair of any property. However, the following property will be valued at the actual cash value, even when attached to the building: (1) Awnings or floor coverings; (2) Appliances for refrigerating, ventilating, cooking, dishwashing or laundering; or (3) Outdoor equipment or furniture. c. "Stock" you have sold but not delivered at the selling price Tess discounts and expenses you otherwise would have had. d. Glass at the cost of replacement with safety -glazing material if required by law. e. Tenants' Improvements and Betterments at: (1) Actual cash value of the lost or damaged property if you make repairs promptly. (2) A proportion of your original cost if you do not make repairs promptly. We will determine the proportionate value as follows: (a) Multiply the original cost by the number of days from the loss or damage to the expiration of the lease; and (b) Divide the amount determined in (a) above by the number of days from the installation of improvements to the expiration of the lease. If your lease contains a renewal option, the expiration of the renewal option period will replace the expiration of the lease in this procedure. (3) Nothing if others pay for repairs or replacement. F. Additional Conditions The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions: 1. Coinsurance If a Coinsurance percentage is shown in the Declarations, the following condition applies: a. We will not pay the full amount of any Toss if the value of Covered Property at the time of loss times the Coinsurance percentage shown for it in the Declarations is greater than the Limit of Insurance for the property. CP 00 10 10 12 Instead, we will determine the most we will pay using the following steps: (1) Multiply the value of Covered Property at the time of loss by the Coinsurance percentage; (2) Divide the Limit of Insurance of the property by the figure determined in Step (1); Multiply the total amount of loss, before the application of any deductible, by the figure determined in Step (2); and (4) Subtract the deductible from the figure determined in Step (3). We will pay the amount determined in Step (4) or the Limit of Insurance, whichever is less. For the remainder, you will either have to rely on other insurance or absorb the loss yourself. Example 1 (Underinsurance) When: The value of the property is: $ 250,000 The Coinsurance percentage for it is: 80% The Limit of Insurance for it is: $ 100,000 The Deductible is: $ 250 The amount of Toss is: $ 40,000 Step (1): $250,000 x 80% = $200,000 (the minimum amount of insurance to meet your Coinsurance requirements) Step (2): $100,000 _ $200,000 = .50 Step (3): $40,000 x .50 = $20,000 Step (4): $20,000 — $250 = $19,750 We will pay no more than $19,750. The remaining $20,250 is not covered. Example 2 (Adequate Insurance) When: The value of the property is: $ 250,000 The Coinsurance percentage for it is: 80% The Limit of Insurance for it is: $ 200,000 The Deductible is: $ 250 The amount of loss is: $ 40,000 The minimum amount of insurance to meet your Coinsurance requirement is $200,000 ($250,000 x 80%). Therefore, the Limit of Insurance in this example is adequate, and no penalty applies. We will pay no more than $39,750 ($40,000 amount of loss minus the deductible of $250). (3) © Insurance Services Office, Inc., 2011 Page 13 of 16 b. If one Limit of Insurance applies to two or more separate items, this condition will apply to the total of all property to which the limit applies. Example 3 When: The value of the property is: Building at Location 1: Building at Location 2: Personal Property at Location 2: The Coinsurance percentage for it is: The Limit of Insurance for Buildings and Personal Property at Locations 1 and 2 is: The Deductible is: The amount of loss is: Building at Location 2: Personal Property at Location 2: $ 75,000 $ 100,000 $ 75,000 $ 250,000 90% $ 180,000 $ 1,000 $ 30,000 $ 20,000 $ 50,000 Step (1): $250,000 x 90% = $225,000 (the minimum amount of insurance to meet your Coinsurance requirements and to avoid the penalty shown below) Step (2): $180,000 _ $225,000 = .80 Step (3): $50,000 x .80 = $40,000 Step (4): $40,000 — $1,000 = $39,000 We will pay no more than $39,000. The remaining $11,000 is not covered. 2. Mortgageholders a. The term mortgageholder includes trustee. b. We will pay for covered loss of or damage to buildings or structures to each mortgageholder shown in the Declarations in their order of precedence, as interests may appear. c. The mortgageholder has the right to receive loss payment even if the mortgageholder has started foreclosure or similar action on the building or structure. d. If we deny your claim because of your acts or because you have failed to comply with the terms of this Coverage Part, the mortgageholder will still have the right to receive loss payment if the mortgageholder: (1) Pays any premium due under this Coverage Part at our request if you have failed to do so; Page 14 of 16 (2) Submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and (3) Has notified us of any change in ownership, occupancy or substantial change in risk known to the mortgageholder. All of the terms of this Coverage Part will then apply directly to the mortgageholder. e. If we pay the mortgageholder for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part: (1) The mortgageholder's rights under the mortgage will be transferred to us to the extent of the amount we pay; and (2) The mortgageholder's right to recover the full amount of the mortgageholder's claim will not be impaired. At our option, we may pay to the mortgageholder the whole principal on the mortgage plus any accrued interest. In this event, your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us. f. If we cancel this policy, we will give written notice to the mortgageholder at least: (1) 10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. g. If we elect not to renew this policy, we will give written notice to the mortgageholder at least 10 days before the expiration date of this policy. G. Optional Coverages If shown as applicable in the Declarations, the following Optional Coverages apply separately to each item: 1. Agreed Value a. The Additional Condition, Coinsurance, does not apply to Covered Property to which this Optional Coverage applies. We will pay no more for loss of or damage to that property than the proportion that the Limit of Insurance under this Coverage Part for the property bears to the Agreed Value shown for it in the Declarations. © Insurance Services Office, Inc., 2011 CP 00 10 10 12 b. If the expiration date for this Optional Coverage shown in the Declarations is not extended, the Additional Condition, Coinsurance, is reinstated and this Optional Coverage expires. c. The terms of this Optional Coverage apply only to loss or damage that occurs: (1) On or after the effective date of this Optional Coverage; and (2) Before the Agreed Value expiration date shown in the Declarations or the policy expiration date, whichever occurs first. 2. Inflation Guard a. The Limit of Insurance for property to which this Optional Coverage applies will automatically increase by the annual percentage shown in the Declarations. b. The amount of increase will be: (1) The Limit of Insurance that applied on the most recent of the policy inception date, the policy anniversary date, or any other policy change amending the Limit of Insurance, times (2) The percentage of annual increase shown in the Declarations, expressed as a decimal (example: 8% is .08), times (3) The number of days since the beginning of the current policy year or the effective date of the most recent policy change amending the Limit of Insurance, divided by 365. Example If: The applicable Limit of Insurance is: $ 100,000 The annual percentage increase is: 8% The number of days since the beginning of the policy year (or last policy change) is: The amount of increase is: $100,000 x .08 x 146 - 365 = 3. Replacement Cost a. Replacement Cost (without deduction for depreciation) replaces Actual Cash Value in the Valuation Loss Condition of this Coverage Form. b. This Optional Coverage does not apply to: (1) Personal property of others; (2) Contents of a residence; (3) Works of art, antiques or rare articles, including etchings, pictures, statuary, marbles, bronzes, porcelains and bric-a- brac; or 146 $ 3,200 CP 00 10 10 12 (4) "Stock", unless the Including "Stock" option is shown in the Declarations. Under the terms of this Replacement Cost Optional Coverage, tenants' improvements and betterments are not considered to be the personal property of others. c. You may make a claim for loss or damage covered by this insurance on an actual cash value basis instead of on a replacement cost basis. In the event you elect to have Toss or damage settled on an actual cash value basis, you may still make a claim for the additional coverage this Optional Coverage provides if you notify us of your intent to do so within 180 days after the loss or damage. d. We will not pay on a replacement cost basis for any loss or damage: (1) Until the lost or damaged property is actually repaired or replaced; and (2) Unless the repair or replacement is made as soon as reasonably possible after the loss or damage. With respect to tenants' improvements and betterments, the following also apply: (3) If the conditions in d.(1) and d.(2) above are not met, the value of tenants' improvements and betterments will be determined as a proportion of your original cost, as set forth in the Valuation Loss Condition of this Coverage Form; and (4) We will not pay for Toss or damage to tenants' improvements and betterments if others pay for repairs or replacement. e. We will not pay more for Toss or damage on a replacement cost basis than the least of (1), (2) or (3), subject to f. below: (1) The Limit of Insurance applicable to the lost or damaged property; (2) The cost to replace the lost or damaged property with other property: (a) Of comparable material and quality; and (b) Used for the same purpose; or (3) The amount actually spent that is necessary to repair or replace the lost or damaged property. If a building is rebuilt at a new premises, the cost described in e.(2) above is limited to the cost which would have been incurred if the building had been rebuilt at the original premises. © Insurance Services Office, Inc., 2011 Page 15 of 16 f. The cost of repair or replacement does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction, use or repair of any property. 4. Extension Of Replacement Cost To Personal Property Of Others a. If the Replacement Cost Optional Coverage is shown as applicable in the Declarations, then this Extension may also be shown as applicable. If the Declarations show this Extension as applicable, then Paragraph 3.b.(1) of the Replacement Cost Optional Coverage is deleted and all other provisions of the Replacement Cost Optional Coverage apply to replacement cost on personal property of others. b. With respect to replacement cost on the personal property of others, the following limitation applies: If an item(s) of personal property of others is subject to a written contract which governs your liability for loss or damage to that item(s), then valuation of that item(s) will be based on the amount for which you are liable under such contract, but not to exceed the lesser of the replacement cost of the property or the applicable Limit of Insurance. Page 16 of 16 H. Definitions 1. "Fungus" means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by fungi. 2. 'Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 3. "Stock" means merchandise held in storage or for sale, raw materials and in -process or finished goods, including supplies used in their packing or shipping. © Insurance Services Office, Inc., 2011 CP 00 10 10 12 COMMERCIAL PROPERTY COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A. CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a mate- rial fact concerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. B. CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverage Part at any one or more locations will not affect cover- age at any location where, at the time of loss or damage, the breach of condition does not exist. C. INSURANCE UNDER TWO OR MORE COVER- AGES If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. D. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless: 1. There has been full compliance with all of the terms of this Coverage Part; and 2. The action is brought within 2 years after the date on which the direct physical loss or dam- age occurred. E. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without addi- tional premium within 45 days prior to or during the policy period, the broadened coverage will imme- diately apply to this Coverage Part. F. NO BENEFIT TO BAILEE No person or organization, other than you, having custody of Covered Property will benefit from this insurance. G. OTHER INSURANCE 1. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Cover- age Part bears to the Limits of Insurance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of cov- ered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. H. POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Part: 1. We cover loss or damage commencing: a. During the policy period shown in the Decla- rations; and b. Within the coverage territory. 2. The coverage territory is: a. The United States of America (including its territories and possessions); b. Puerto Rico; and c. Canada. CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 1 of 2 0 I. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything neces- sary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: Page 2 of 2 1. Prior to a Toss to your Covered Property or Covered Income. 2. After a loss to your Covered Property or Cov- ered Income only if, at time of Toss, that party is one of the following: a. Someone insured by this insurance; b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you; or c. Your tenant. This will not restrict your insurance. Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 CP 00 90 07 88 D JkSCOTTSDALE INSURANCE COMPANY ENDORSEMENT NO. ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. CPS7851270 08/21/2023 ;FRANCIS WILSON PLAYHOUSE, INC 09010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SEWER OR DRAIN DEFINITION ENDORSEMENT—FLORIDA This insurance modifies insurance provided under the following: CAUSES OF LOSS—BASIC FORM CAUSES OF LOSS—BROAD FORM CAUSES OF LOSS—SPECIAL FORM Under Section B. Exclusions, paragraph g. Water, subsection (3) the following is added: For the purpose of this exclusion, "sewer" and "drain" are defined as: 1. "Sewer" means any underground pipe, channel or conduit for carrying water, wastewater or sewage on or away from the premises described in the Declarations; 2. "Drain" means any pipe, channel or conduit for carrying water, wastewater or sewage on or away from the premises described in the Declarations to a "sewer." AUTHORIZED REPRESENTATIVE DATE CFS -103 -FL (1-16) Page 1 of 1 ...)k& SCOTTSDALE INSURANCE__��^' PANY ®NO. ENDORSEMENT ATrACHED TO AND romm/wa^wmrmr mx/x,wvmm= ENDORSEMENTer'scnvc»ms n,.o,^.M.wxw�aonm� NAMED INSURED AGENT NO CPS7851270 08/21/2023 FRANCIS WILSON PLAYHOUSE, INC 09010 THIS ENDORSEMENT CHANGES THE POLICYPLEASE READ IT CAREFULLY. CHANGES—FLORIDA This endorsement modifies insurance provided under the following: COMMERCIAL PROF'ERTY COVERAGE PART A. When this endorsement is attached to the Standard Property Policy CP 00 99, the term Coverage Part in this endorsement is replaced by the term Policy. B. The following provision applies when a Coinsurance percentage is shown in the Declaratioris: Florida law states oofollows: Coinsurance contract: The rate charged in this poUcy is based upon the use of the coinsurance clause at- tached to this policy, with the consent of the Insured. t-taohwdbathiopo|icy.vv|ththeoonuertofthe|nmured. C. The foliowing is added: If windstorm is a Covered Cause of Loss and loss or damage to Covered Property is caused by or results from windstorm, the foflowing exclusion applies in: 1. Broward County; 2. Dade County; 3. Martin County; 4. Monroe County; 5. Paim Beach County; and 6. All the areas east of the west bank of the Intra - Coastal Waterway in the Counties of: a. Indian River; and b. St. Lucie. WINDSTORM EXTERIOR PAINT AND WATER- PROOFING We will not pay for lossmdamagecausedhywind- storm to: 1. Paint; or 2. Waterproofing material; applied to the exterior of Buddings unless the Building to which such loss or damage occurs also sustains other loss or damage by windstorm in the course of the same storm event. But such coverage applies only if windstorm is a Covered Cause of Loss. When loss or damage to exterior paint or waterproof- ing material is axc|uded, we will not include the value of paint or waterproofing material to determine: a. The amount of the Windstorm or Hail Deduct- ib|e; or b. The value of Covered Property when appIyng the Coinsurance Condition. D. Sinkhole Collapse Coverage Removed Sinkhole Coflapse coverage is removed as indicated in Paragraphs D.1. through 0.4. ; and coverage for Catastrophlc Ground Cover Collapse is added instead as set forth in Paragraph E. 1. In the Causes of Loss—Basic Form and in the Standard Property Po|icy, Sinkhole Collapse is deleted from the Covered Causes of Loss and sinkhole collapse is no longer an exception to the Earth Movement exclusion. 2. In the Causes of Loss—Broad Form, Sinkhole Collapse is deleted from the Covered Causes of Loss and from the Additional Coverage— Collapse; and sinkhole collapse is no longer an exception to the Earth Movement exctusion. 3. In the Causes of Loss—Special Form, sinkhole collapse is deleted from the specified causes of Includes copyrighted materialof ISO Properties, Inc., with its permission Copyright, ISO Properties, mc..zoow Page 1 of 2 loss" and is no longer an exception to the Earth Movement exclusion. 4. In the Mortgageholders Errors And Omissions Coverage Form, sinkhole collapse is deleted from the Covered Causes of Loss under Coverage B and from the "specified causes of Toss, and is no longer an exception to the Earth Movement exclusion. Further, this Coverage Part does not insure against Sinkhole Loss as defined in Florida law unless an endorsement for Sinkhole Loss is made part of this policy. However, if Sinkhole Loss causes Catastrophic Ground Cover Collapse, coverage is provided for the resulting Catastrophic Ground Cover Collapse even if an endorsement for Sinkhole Loss is not made part of this policy. E. The following is added to this Coverage Part as a Covered Cause Of Loss. In the Causes Of Loss— Special Form and Mortgageholders Errors And Omis- sions Coverage Form, the following is also added as a "specified cause of loss." However, as a "specified cause of loss, the following does not apply to the Ad- ditional Coverage—Collapse. CATASTROPHIC GROUND COVER COLLAPSE We will pay for direct physical loss or damage to Covered Property caused by or resulting from cata- strophic ground cover collapse, meaning geological activity that results in all of the following: 1. The abrupt collapse of the ground cover; 2. A depression in the ground cover clearly visible to the naked eye; 3. Structural damage to the building, including the foundation; and 4. The insured structure being condemned and or- dered to be vacated by the governmental agency authorized by law to issue such an order for that structure. However, structural damage consisting merely of the settling or cracking of a foundation, structure or build- ing does not constitute Toss or damage resulting from a catastrophic ground cover collapse. The Earth Movement exclusion and the Collapse ex- clusion do not apply to coverage for Catastrophic Ground Cover Collapse. Coverage for Catastrophic Ground Cover Collapse does not increase the applicable Limit of Insurance. Regardless of whether Toss or damage attributable to catastrophic ground cover collapse also qualifies as Sinkhole Loss or Earthquake (if either or both of those causes of loss are covered under this Coverage Part), only one Limit of Insurance will apply to such loss or damage. F. The following applies to the Additional Coverage— Civil Authority under the Business Income (And Extra Expense) Coverage Form, Business Income (Without Extra Expense) Coverage Form and Extra Expense Coverage Form: 1. The Additional Coverage—Civil Authority includes a requirement that the described premises are not more than one mile from the damaged property. With respect to described premises located in Florida, such one -mile radius does not apply. 2. The Additional Coverage—Civil Authority is lim- ited to a coverage period of up to four weeks. With respect to described premises located in Florida, such four week period is replaced by a three-week period. 3. Civil Authority coverage is subject to all other pro- visions of that Additional Coverage. G. In the event where more than one peril causes dam- age to covered property and the damage cannot be separated by the cause(s) of Toss, we will: Deduct the amount paid by the other carriers from the amount payable under our policy subject to the policy terms and conditions if a cause of the loss is covered under our policy; If the cause of loss under our policy is also covered under another policy payment will be prorated among all companies providing coverage for the covered cause(s) of Toss; and, In no event can payments made by all carriers total more than the full replacement cost of the insured building. Payment will be subject to the policy terms and conditions of the policy of the covered property regardless of the number of covered perils or policies covering the property, even if the insured property is totally destroyed by combined perils. AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2008 CFS -68s -FL (1-12) Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE EXCLUSION OF LOSS DUE TO VIRUS This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A. The exclusion set forth in Paragraph B. applies to all coverage under all forms and endorsements that comprise this Coverage Part or Policy, includ- ing but not limited to forms or endorsements that cover property damage to buildings or personal property and forms or endorsements that cover business income, extra expense or action of civil authority. B. We will not pay for loss or damage caused by or resulting from any virus, bacterium or other micro- organism that induces or is capable of inducing physical distress, illness or disease. However, this exclusion does not apply to loss or damage caused by or resulting from "fungus", wet rot or dry rot. Such loss or damage is addressed in a separate exclusion in this Coverage Part or Poli- cy. C. With respect to any loss or damage subject to the exclusion in Paragraph B., such exclusion super- sedes any exclusion relating to "pollutants". CP 01 40 07 06 COMMERCIAL PROPERTY CP 01 40 07 06 READ IT CAREFULLY. OR BACTERIA D. The following provisions in this Coverage Part or Policy are hereby amended to remove reference to bacteria: 1. Exclusion of "Fungus", Wet Rot, Dry Rot And Bacteria; and 2. Additional Coverage — Limited Coverage for "Fungus", Wet Rot, Dry Rot And Bacteria, in- cluding any endorsement increasing the scope or amount of coverage. E. The terms of the exclusion in Paragraph B., or the inapplicability of this exclusion to a particular loss, do not serve to create coverage for any loss that would otherwise be excluded under this Coverage Part or Policy. © ISO Properties, Inc., 2006 Page 1 of 1 D POLICY NUMBER: CPS7851270 COMMERCIAL PROPERTY CP 04 11 0917 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROTECTIVE SAFEGUARDS This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY SCHEDULE Premises Number Building Number Protective Safeguards Symbols Applicable 1 1 P-1 Describe Any "P-9": Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following is added to the Commercial Property Conditions: Protective Safeguards As a condition of this insurance, you are required to: 1. Maintain the protective safeguards listed in the Schedule, and over which you have control, in complete working order; 2. Actively engage and maintain in the "on" position at all times any automatic fire alarm or other automatic system listed in the Schedule; and 3. Notify us if you know of any suspension of or impairment in any protective safeguard listed in the Schedule. However, if part of an Automatic Sprinkler System or Automatic Commercial Cooking Exhaust And Extinguishing System is shut off due to breakage, leakage, freezing conditions or opening of sprinkler heads, notification to us will not be necessary if you can restore full protection within 48 hours. CP 04 11 09 17 B. The following is added to the Exclusions section of: Causes Of Loss - Basic Form Causes Of Loss - Broad Form Causes Of Loss - Special Form Mortgageholders Errors And Omissions Coverage Form Standard Property Policy We will not pay for loss or damage caused by or resulting from fire if, prior to the fire, you failed to comply with any condition set forth in Paragraph A. C. The protective safeguards to which this endorsement applies are identified by the following symbols: "P-1" Automatic Sprinkler System, including related supervisory services. © Insurance Services Office, Inc., 2016 Page 1 of 2 Automatic Sprinkler System means: a. Any automatic fire protective or extinguishing system, including connected: (1) Sprinklers and discharge nozzles; (2) Ducts, pipes, valves and fittings; (3) Tanks, their component parts and supports; and (4) Pumps and private fire protection mains. b. When supplied from an automatic fire protective system: (1) Non -automatic fire protective systems; and (2) Hydrants, standpipes and outlets. "P-2" Automatic Fire Alarm, protecting the entire building, that is: a. Connected to a central station; or b. Reporting to a public or private fire alarm station. Page 2 of 2 "P-3" Security Service, with a recording system or watch clock, making hourly rounds covering the entire building, when the premises are not in actual operation. "P-4" Service Contract with a privately owned fire department providing fire protection service to the described premises. "P-5" Automatic Commercial Cooking Exhaust And Extinguishing System installed on cooking appliances and having the following components: a. Hood; b. Grease removal device; c. Duct system; and d. Wet chemical fire extinguishing equipment. "P-9", the protective system described in the Schedule. 0 Insurance Services Office, Inc., 2016 CP 04 11 09 17 CAUSES OF LOSS COMMERCIAL PROPERTY CP 10 30 09 17 SPECIAL FORM Words and phrases that appear in quotation marks have special meaning. Refer to Section G. Definitions. A. Covered Causes Of Loss When Special is shown in the Declarations, Covered Causes of Loss means direct physical loss unless the loss is excluded or limited in this policy. B. Exclusions 1. We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Ordinance Or Law The enforcement of or compliance with any ordinance or law: (1) Regulating the construction, use or repair of any property; or (2) Requiring the tearing down of any property, including the cost of removing its debris. This exclusion, Ordinance Or Law, applies whether the loss results from: (a) An ordinance or law that is enforced even if the property has not been damaged; or (b) The increased costs incurred to comply with an ordinance or law in the course of construction, repair, renovation, remodeling or demolition of property, or removal of its debris, following a physical loss to that property. b. Earth Movement (1) Earthquake, including tremors and aftershocks and any earth sinking, rising or shifting related to such event; (2) Landslide, including any earth sinking, rising or shifting related to such event; (3) Mine subsidence, meaning subsidence of a man-made mine, whether or not mining activity has ceased; CP 10 30 09 17 (4) Earth sinking (other than sinkhole collapse), rising or shifting including soil conditions which cause settling, cracking or other disarrangement of foundations or other parts of realty. Soil conditions include contraction, expansion, freezing, thawing, erosion, improperly compacted soil and the action of water under the ground surface. But if Earth Movement, as described in b.(1) through (4) above, results in fire or explosion, we will pay for the loss or damage caused by that fire or explosion. (5) Volcanic eruption, explosion or effusion. But if volcanic eruption, explosion or effusion results in fire, building glass breakage or Volcanic Action, we will pay for the loss or damage caused by that fire, building glass breakage or Volcanic Action. Volcanic Action means direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by: (a) Airborne volcanic blast or airborne shock waves; (b) Ash, dust or particulate matter; or (c) Lava flow. With respect to coverage for Volcanic Action as set forth in (5)(a), (5)(b) and (5)(c), all volcanic eruptions that occur within any 168 -hour period will constitute a single occurrence. Volcanic Action does not include the cost to remove ash, dust or particulate matter that does not cause direct physical loss or damage to the described property. This exclusion applies regardless of whether any of the above, in Paragraphs (1) through (5), is caused by an act of nature or is otherwise caused. © Insurance Services Office, Inc., 2016 Page 1 of 10 c. Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for loss or damage caused by or resulting from acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread, if the fire would be covered under this Coverage Part. d. Nuclear Hazard Nuclear reaction or radiation, or radioactive contamination, however caused. But if nuclear reaction or radiation, or radioactive contamination, results in fire, we will pay for the loss or damage caused by that fire. e. Utility Services The failure of power, communication, water or other utility service supplied to the described premises, however caused, if the failure: (1) Originates away from the described premises; or (2) Originates at the described premises, but only if such failure involves equipment used to supply the utility service to the described premises from a source away from the described premises. Failure of any utility service includes lack of sufficient capacity and reduction in supply. Loss or damage caused by a surge of power is also excluded, if the surge would not have occurred but for an event causing a failure of power. But if the failure or surge of power, or the failure of communication, water or other utility service, results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. Communication services include but are not limited to service relating to Internet access or access to any electronic, cellular or satellite network. f. War And Military Action (1) War, including undeclared or civil war; Page 2 of 10 (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. g. Water (1) Flood, surface water, waves (including tidal wave and tsunami), tides, tidal water, overflow of any body of water, or spray from any of these, all whether or not driven by wind (including storm surge); (2) Mudslide or mudflow; (3) Water that backs up or overflows or is otherwise discharged from a sewer, drain, sump, sump pump or related equipment; (4) Water under the ground surface pressing on, or flowing or seeping through: (a) Foundations, walls, floors or paved surfaces; (b) Basements, whether paved or not; or (c) Doors, windows or other openings; or (5) Waterborne material carried or otherwise moved by any of the water referred to in Paragraph (1), (3) or (4), or material carried or otherwise moved by mudslide or mudflow. This exclusion applies regardless of whether any of the above, in Paragraphs (1) through (5), is caused by an act of nature or is otherwise caused. An example of a situation to which this exclusion applies is the situation where a dam, levee, seawall or other boundary or containment system fails in whole or in part, for any reason, to contain the water. © Insurance Services Office, Inc., 2016 CP 10 30 09 17 But if any of the above, in Paragraphs (1) through (5), results in fire, explosion or sprinkler leakage, we will pay for the loss or damage caused by that fire, explosion or sprinkler leakage (if sprinkler leakage is a Covered Cause of Loss). h. "Fungus", Wet Rot, Dry Rot And Bacteria Presence, growth, proliferation, spread or any activity of "fungus", wet or dry rot or bacteria. But if "fungus", wet or dry rot or bacteria result in a "specified cause of loss", we will pay for the loss or damage caused by that "specified cause of loss". This exclusion does not apply: (1) When "fungus", wet or dry rot or bacteria result from fire or lightning; or (2) To the extent that coverage is provided in the Additional Coverage, Limited Coverage For "Fungus", Wet Rot, Dry Rot And Bacteria, with respect to loss or damage by a cause of loss other than fire or lightning. Exclusions B.1.a. through B.1.h. apply whether or not the loss event results in widespread damage or affects a substantial area. 2. We will not pay for loss or damage caused by or resulting from any of the following: a. Artificially generated electrical, magnetic or electromagnetic energy that damages, disturbs, disrupts or otherwise interferes with any: (1) Electrical or electronic wire, device, appliance, system or network; or (2) Device, appliance, system or network utilizing cellular or satellite technology. For the purpose of this exclusion, electrical, magnetic or electromagnetic energy includes but is not limited to: (a) Electrical current, including arcing; (b) Electrical charge produced or conducted by a magnetic or electromagnetic field; (c) Pulse of electromagnetic energy; or (d) Electromagnetic waves or microwaves. But if fire results, we will pay for the Toss or damage caused by that fire. b. Delay, loss of use or loss of market. c. Smoke, vapor or gas from agricultural smudging or industrial operations. d.(1) Wear and tear; (2) Rust or other corrosion, decay, deterioration, hidden or latent defect or any quality in property that causes it to damage or destroy itself; (3) Smog; (4) Settling, cracking, shrinking or expansion; Nesting or infestation, or discharge or release of waste products or secretions, by insects, birds, rodents or other animals. (6) Mechanical breakdown, including rupture or bursting caused by centrifugal force. But if mechanical breakdown results in elevator collision, we will pay for the loss or damage caused by that elevator collision. (7) The following causes of loss to personal property: (a) Dampness or dryness of atmosphere; (b) Changes in or extremes of temperature; or (c) Marring or scratching. But if an excluded cause of loss that is listed in 2.d.(1) through (7) results in a "specified cause of loss" or building glass breakage, we will pay for the loss or damage caused by that "specified cause of loss" or building glass breakage. e. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control. But if explosion of steam boilers, steam pipes, steam engines or steam turbines results in fire or combustion explosion, we will pay for the loss or damage caused by that fire or combustion explosion. We will also pay for loss or damage caused by or resulting from the explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. f. Continuous or repeated seepage or leakage of water, or the presence or condensation of humidity, moisture or vapor, that occurs over a period of 14 days or more. (5) CP 10 30 09 17 © Insurance Services Office, Inc., 2016 Page 3 of 10 g. Water, other liquids, powder or molten material that leaks or flows from plumbing, heating, air conditioning or other equipment (except fire protective systems) caused by or resulting from freezing, unless: (1) You do your best to maintain heat in the building or structure; or (2) You drain the equipment and shut off the supply if the heat is not maintained. h. Dishonest or criminal act (including theft) by you, any of your partners, members, officers, managers, employees (including temporary employees and leased workers), directors, trustees or authorized representatives, whether acting alone or in collusion with each other or with any other party; or theft by any person to whom you entrust the property for any purpose, whether acting alone or in collusion with any other party. This exclusion: (1) Applies whether or not an act occurs during your normal hours of operation; (2) Does not apply to acts of destruction by your employees (including temporary employees and leased workers) or authorized representatives; but theft by your employees (including temporary employees and leased workers) or authorized representatives is not covered. i. Voluntary parting with any property by you or anyone else to whom you have entrusted the property if induced to do so by any fraudulent scheme, trick, device or false pretense. j. Rain, snow, ice or sleet to personal property in the open. k. Collapse, including any of the following conditions of property or any part of the property: (1) An abrupt falling down or caving in; (2) Loss of structural integrity, including separation of parts of the property or property in danger of falling down or caving in; or (3) Any cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion as such condition relates to (1) or (2) above. But if collapse results in a Covered Cause of Loss at the described premises, we will pay for the loss or damage caused by that Covered Cause of Loss. Page 4 of 10 This exclusion, k., does not apply: (a) To the extent that coverage is provided under the Additional Coverage, Collapse; or (b) To collapse caused by one or more of the following: (i) (ii) Breakage of building glass; (iii) Weight of rain that collects on a roof; or (iv) Weight of people or personal property. I. Discharge, dispersal, seepage, migration, release or escape of "pollutants" unless the discharge, dispersal, seepage, migration, release or escape is itself caused by any of the "specified causes of loss". But if the discharge, dispersal, seepage, migration, release or escape of "pollutants" results in a "specified cause of loss", we will pay for the loss or damage caused by that "specified cause of loss". This exclusion, 1., does not apply to damage to glass caused by chemicals applied to the glass. m. Neglect of an insured to use all reasonable means to save and preserve property from further damage at and after the time of loss. 3. We will not pay for loss or damage caused by or resulting from any of the following, 3.a. through 3.c. But if an excluded cause of loss that is listed in 3.a. through 3.c. results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. a. Weather conditions. But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in Paragraph 1. above to produce the loss or damage. b. Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. c. Faulty, inadequate or defective: (1) Planning, zoning, development, surveying, siting; (2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; (3) Materials used in repair, construction, renovation or remodeling; or (4) Maintenance; The "specified causes of loss"; © Insurance Services Office, Inc., 2016 CP 10 30 09 17 of part or all of any property on or off the described premises. 4. Special Exclusions The following provisions apply only to the specified Coverage Forms: a. Business Income (And Extra Expense) Coverage Form, Business Income (Without Extra Expense) Coverage Form, Or Extra Expense Coverage Form We will not pay for: (1) Any loss caused by or resulting from: (a) Damage or destruction of "finished stock' ; or (b) The time required to reproduce "finished stock". This exclusion does not apply to Extra Expense. (2) Any loss caused by or resulting from direct physical Toss or damage to radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers. Any increase of loss caused by or resulting from: (a) Delay in rebuilding, repairing or replacing the property or resuming "operations", due to interference at the location of the rebuilding, repair or replacement by strikers or other persons; or (b) Suspension, lapse or cancellation of any license, lease or contract. But if the suspension, lapse or cancellation is directly caused by the "suspension" of "operations", we will cover such loss that affects your Business Income during the "period of restoration" and any extension of the "period of restoration" in accordance with the terms of the Extended Business Income Additional Coverage and the Extended Period Of Indemnity Optional Coverage or any variation of these. (4) Any Extra Expense caused by or resulting from suspension, laps9 or cancellation of any license, lease or contract beyond the "period of restoration". Any other consequential Toss. (3) (5) CP 10 30 0917 b. Leasehold Interest Coverage Form (1) Paragraph B.1.a., Ordinance Or Law, does not apply to insurance under this Coverage Form. (2) We will not pay for any loss caused by: (a) Your cancelling the lease; (b) The suspension, lapse or cancellation of any license; or (c) Any other consequential loss. c. Legal Liability Coverage Form (1) The following exclusions do not apply to insurance under this Coverage Form: (a) (b) Paragraph B.1.a. Ordinance Or Law; Paragraph B.1.c. Governmental Action; (c) Paragraph B.1.d. Nuclear Hazard; (d) Paragraph B.1.e. Utility Services; and (e) Paragraph B.1.f. War And Military Action. (2) The following additional exclusions apply to insurance under this Coverage Form: (a) Contractual Liability We will not defend any claim or "suit", or pay damages that you are legally liable to pay, solely by reason of your assumption of liability in a contract or agreement. But this exclusion does not apply to a written lease agreement in which you have assumed liability for building damage resulting from an actual or attempted burglary or robbery, provided that: (1) Your assumption of liability was executed prior to the accident; and (ii) The building is Covered Property under this Coverage Form. (b) Nuclear Hazard We will not defend any claim or "suit", or pay any damages, loss, expense or obligation, resulting from nuclear reaction or radiation, or radioactive contamination, however caused. © Insurance Services Office, Inc., 2016 Page 5 of 10 5. Additional Exclusion The following provisions apply only to the specified property: Loss Or Damage To Products We will not pay for loss or damage to any merchandise, goods or other product caused by or resulting from error or omission by any person or entity (including those having possession under an arrangement where work or a portion of the work is outsourced) in any stage of the development, production or use of the product, including planning, testing, processing, packaging, installation, maintenance or repair. This exclusion applies to any effect that compromises the form, substance or quality of the product. But if such error or omission results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. C. Limitations The following limitations apply to all policy forms and endorsements, unless otherwise stated: 1. We will not pay for loss of or damage to property, as described and limited in this section. In addition, we will not pay for any loss that is a consequence of loss or damage as described and limited in this section. a. Steam boilers, steam pipes, steam engines or steam turbines caused by or resulting from any condition or event inside such equipment. But we will pay for loss of or damage to such equipment caused by or resulting from an explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. b. Hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment, other than an explosion. c. The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet, ice, sand or dust, whether driven by wind or not, unless: (1) The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain, snow, sleet, ice, sand or dust enters; or (2) The loss or damage is caused by or results from thawing of snow, sleet or ice on the building or structure. d. Building materials and supplies not attached as part of the building or structure, caused by or resulting from theft. However, this limitation does not apply to: (1) Building materials and supplies held for sale by you, unless they are insured under the Builders Risk Coverage Form; or (2) Business Income Coverage or Extra Expense Coverage. e. Property that is missing, where the only evidence of the loss or damage is a shortage disclosed on taking inventory, or other instances where there is no physical evidence to show what happened to the property. f. Property that has been transferred to a person or to a place outside the described premises on the basis of unauthorized instructions. g. Lawns, trees, shrubs or plants which are part of a vegetated roof, caused by or resulting from: (1) Dampness or dryness of atmosphere or of soil supporting the vegetation; (2) Changes in or extremes of temperature; (3) Disease; (4) Frost or hail; or (5) Rain, snow, ice or sleet. 2. We will not pay for loss of or damage to the following types of property unless caused by the "specified causes of . loss" or building glass breakage: a. Animals, and then only if they are killed or their destruction is made necessary. b. Fragile articles such as statuary, marbles, chinaware and porcelains, if broken. This restriction does not apply to: (1) Glass; or (2) Containers of property held for sale. c. Builders' machinery, tools and equipment owned by you or entrusted to you, provided such property is Covered Property. However, this limitation does not apply: (1) If the property is located on or within 100 feet of the described premises, unless the premises is insured under the Builders Risk Coverage Form; or Page 6 of 10 © Insurance Services Office, Inc., 2016 CP 10 30 09 17 (2) To Business Income Coverage or to Extra Expense Coverage. 3. The special limit shown for each category, a. through d., is the total limit for Toss of or damage to all property in that category. The special limit applies to any one occurrence of theft, regardless of the types or number of articles that are lost or damaged in that occurrence. The special limits are (unless a higher limit is shown in the Declarations): a. $2,500 for furs, fur garments and garments trimmed with fur. b. $2,500 for jewelry, watches, watch movements, jewels, pearls, precious and semiprecious stones, bullion, gold, silver, platinum and other precious alloys or metals. This limit does not apply to jewelry and watches worth $100 or less per item. c. $2,500 for patterns, dies, molds and forms. d. $250 for stamps, tickets, including lottery tickets held for sale, and letters of credit. These special limits are part of, not in addition to, the Limit of Insurance applicable to the Covered Property. This limitation, C.3., does not apply to Business Income Coverage or to Extra Expense Coverage. 4. We will not pay the cost to repair any defect to a system or appliance from which water, other liquid, powder or molten material escapes. But we will pay the cost to repair or replace damaged parts of fire -extinguishing equipment if the damage: a. Results in discharge of any substance from an automatic fire protection system; or b. Is directly caused by freezing. However, this limitation does not apply to Business Income Coverage or to Extra Expense Coverage. D. Additional Coverage — Collapse The coverage provided under this Additional Coverage, Collapse, applies only to an abrupt collapse as described and limited in D.1. through D.7. 1. For the purpose of this Additional Coverage, Collapse, abrupt collapse, -means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. CP 10 30 09 17 2. We will pay for direct physical Toss or damage to Covered Property, caused by abrupt collapse of a building or any part of a building that is insured under this Coverage Form or that contains Covered Property insured under this Coverage Form, if such collapse is caused by one or more of the following: a. Building decay that is hidden from view, unless the presence of such decay is known to an insured prior to collapse; b. Insect or vermin damage that is hidden from view, unless the presence of such damage is known to an insured prior to collapse; c. Use of defective material or methods in construction, remodeling or renovation if the abrupt collapse occurs during the course of the construction, remodeling or renovation. d. Use of defective material or methods in construction, remodeling or renovation if the abrupt collapse occurs after the construction, remodeling or renovation is complete, but only if the collapse is caused in part by: (1) A cause of loss listed in 2.a. or 2.b.; (2) One or more of the "specified causes of Toss"; (3) Breakage of building glass; (4) Weight of people or personal property; or (5) Weight of rain that collects on a roof. 3. This Additional Coverage — Collapse does not apply to: a. A building or any part of a building that is in danger of falling down or caving in; b. A part of a building that is standing, even if it has separated from another part of the building; or c. A building that is standing or any part of a building that is standing, even if it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion. 4. With respect to the following property: a. Outdoor radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers; © Insurance Services Office, Inc., 2016 Page 7 of 10 b. Awnings, gutters and downspouts; c. Yard fixtures; d. Outdoor swimming pools; e. Fences; f. Piers, wharves and docks; g. Beach or diving platforms or appurtenances; h. Retaining walls; and i. Walks, roadways and other paved surfaces; if an abrupt collapse is caused by a cause of loss listed in 2.a. through 2.d., we will pay for loss or damage to that property only if: (1) Such loss or damage is a direct result of the abrupt collapse of a building insured under this Coverage Form; and (2) The property is Covered Property under this Coverage Form. 5. If personal property abruptly falls down or caves in and such collapse is not the result of abrupt collapse of a building, we will pay for loss or damage to Covered Property caused by such collapse of personal property only if: a. The collapse of personal property was caused by a cause of loss listed in 2.a. through 2.d.; b. The personal property which collapses is inside a building; and c. The property which collapses is not of a kind listed in 4., regardless of whether that kind of property is considered to be personal property or real property. The coverage stated in this Paragraph 5. does not apply to personal property if marring and/or scratching is the only damage to that personal property caused by the collapse. 6. This Additional Coverage, Collapse, does not apply to personal property that has not abruptly fallen down or caved in, even if the personal property shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion. 7. This Additional Coverage, Collapse, will not increase the Limits of Insurance provided in this Coverage Part. 8. The term Covered Cause of Loss includes the Additional Coverage, Collapse, as described and limited in D.1. through D.7. Page 8 of 10 E. Additional Coverage — Limited Coverage For "Fungus", Wet Rot, Dry Rot And Bacteria 1. The coverage described in E.2. and E.6. only applies when the "fungus", wet or dry rot or bacteria are the result of one or more of the following causes that occur during the policy period and only if all reasonable means were used to save and preserve the property from further damage at the time of and after that occurrence: a. A "specified cause of loss" other than fire or lightning; or b. Flood, if the Flood Coverage Endorsement applies to the affected premises. This Additional Coverage does not apply to lawns, trees, shrubs or plants which are part of a vegetated roof. 2. We will pay for loss or damage by "fungus", wet or dry rot or bacteria. As used in this Limited Coverage, the term loss or damage means: a. Direct physical loss or damage to Covered Property caused by "fungus", wet or dry rot or bacteria, including the cost of removal of the "fungus", wet or dry rot or bacteria; b. The cost to tear out and replace any part of the building or other property as needed to gain access to the "fungus", wet or dry rot or bacteria; and c. The cost of testing performed after removal, repair, replacement or restoration of the damaged property is completed, provided there is a reason to believe that "fungus", wet or dry rot or bacteria are present. 3. The coverage described under E.2. of this Limited Coverage is limited to $15,000. Regardless of the number of claims, this limit is the most we will pay for the total of all loss or damage arising out of all occurrences of "specified causes of loss" (other than fire or lightning) and Flood which take place in a 12 - month period (starting with the beginning of the present annual policy period). With respect to a particular occurrence of loss which results in "fungus", wet or dry rot or bacteria, we will not pay more than a total of $15,000 even if the "fungus", wet or dry rot or bacteria continue to be present or active, or recur, in a later policy period. © Insurance Services Office, Inc., 2016 CP 10 30 0917 4. The coverage provided under this Limited Coverage does not increase the applicable Limit of Insurance on any Covered Property. If a particular occurrence results in loss or damage by "fungus", wet or dry rot or bacteria, and other loss or damage, we will not pay more, for the total of all loss or damage, than the applicable Limit of Insurance on the affected Covered Property. If there is covered Toss or damage to Covered Property, not caused by "fungus", wet or dry rot or bacteria, loss payment will not be limited by the terms of this Limited Coverage, except to the extent that "fungus", wet or dry rot or bacteria cause an increase in the loss. Any such increase in the loss will be subject to the terms of this Limited Coverage. 5. The terms of this Limited Coverage do not increase or reduce the coverage provided under Paragraph F.2. (Water Damage, Other Liquids, Powder Or Molten Material Damage) of this Causes Of Loss form or under the Additional Coverage, Collapse. 6. The following, 6.a. or 6.b., applies only if Business Income and/or Extra Expense Coverage applies to the described premises and only if the "suspension" of "operations" satisfies all terms and conditions of the applicable Business Income and/or Extra Expense Coverage Form: a. If the loss which resulted in "fungus", wet or dry rot or bacteria does not in itself necessitate a "suspension" of "operations", but such "suspension" is necessary due to Toss or damage to property caused by "fungus", wet or dry rot or bacteria, then our payment under Business Income and/or Extra Expense is limited to the amount of loss and/or expense sustained in a period of not more than 30 days. The days need not be consecutive. b. If a covered "suspension" of "operations" was caused by loss or damage other than "fungus", wet or dry rot or bacteria but remediation of "fungus", wet or dry rot or bacteria prolongs the "period of restoration", we will pay for loss and/or expense sustained during the delay (regardless of when such a delay occurs during the "period of restoration"), but such coverage is limited to 30 days. The days need not be consecutive. CP 10 30 09 17 F. Additional Coverage Extensions 1. Property In Transit This Extension applies only to your personal property to which this form applies. a. You may extend the insurance provided by this Coverage Part to apply to your personal property (other than property in the care, custody or control of your salespersons) in transit more than 100 feet from the described premises. Property must be in or on a motor vehicle you own, lease or operate while between points in the coverage territory. b. Loss or damage must be caused by or result from one of the following causes of loss: (1) Fire, lightning, explosion, windstorm or hail, riot or civil commotion, or vandalism. (2) Vehicle collision, upset or overturn. Collision means accidental contact of your vehicle with another vehicle or object. It does not mean your vehicle's contact with the roadbed. (3) Theft of an entire bale, case or package by forced entry into a securely locked body or compartment of the vehicle. There must be visible marks of the forced entry. c. The most we will pay for loss or damage under this Extension is $5,000. This Coverage Extension is additional insurance. The Additional Condition, Coinsurance, does not apply to this Extension. 2. Water Damage, Other Liquids, Powder Or Molten Material Damage • If loss or damage caused by or resulting from covered water or other liquid, powder or molten material damage loss occurs, we will also pay the cost to tear out and replace any part of the building or structure to repair damage to the system or appliance from which the water or other substance escapes. This Coverage Extension does not increase the Limit of Insurance. © Insurance Services Office, Inc., 2016 Page 9 of 10 3. Glass a. We will pay for expenses incurred to put up temporary plates or board up openings if repair or replacement of damaged glass is delayed. b. We will pay for expenses incurred to remove or replace obstructions when repairing or replacing glass that is part of a building. This does not include removing or replacing window displays. This Coverage Extension F.3. does not increase the Limit of Insurance. G. Definitions 1. "Fungus" means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by fungi. 2. "Specified causes of loss" means the following: fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire - extinguishing equipment; sinkhole collapse; volcanic action; falling objects; weight of snow, ice or sleet; water damage. a. Sinkhole collapse means the sudden sinking or collapse of land into underground empty spaces created by the action of water on limestone or dolomite. This cause of Toss does not include: (1) The cost of filling sinkholes; or (2) Sinking or collapse of land into man- made underground cavities. b. Falling objects does not include loss or damage to: (1) Personal property in the open; or (2) The interior of a building or structure, or property inside a building or structure, unless the roof or an outside wall of the building or structure is first damaged by a falling object. c. Water damage means: (1) Accidental discharge or leakage of water or steam as the direct result of the breaking apart or cracking of a plumbing, heating, air conditioning or other system or appliance (other than a..sump system including its related equipment and parts), that is located on the described premises and contains water or steam; and Page 10 of 10 (2) Accidental discharge or leakage of water or waterborne material as the direct result of the breaking apart or cracking of a water or sewer pipe caused by wear and tear, when the pipe is located off the described premises and is connected to or is part of a potable water supply system or sanitary sewer system operated by a public or private utility service provider pursuant to authority granted by the state or governmental subdivision where the described premises are located. But water damage does not include loss or damage otherwise excluded under the terms of the Water Exclusion. Therefore, for example, there is no coverage under this policy in the situation in which discharge or leakage of water results from the breaking apart or cracking of a pipe which was caused by or related to weather -induced flooding, even if wear and tear contributed to the breakage or cracking. As another example, and also in accordance with the terms of the Water Exclusion, there is no coverage for loss or damage caused by or related to weather -induced flooding which follows or is exacerbated by pipe breakage or cracking attributable to wear and tear. To the extent that accidental discharge or leakage of water falls within the criteria set forth in c.(1) or c.(2) of this definition of "specified causes of loss," such water is not subject to the provisions of the Water Exclusion which preclude coverage for surface water or water under the surface of the ground. © Insurance Services Office, Inc., 2016 CP 10 30 0917 POLICY NUMBER: CPS7851270 COMMERCIAL PROPERTY CP10540607 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WINDSTORM OR HAIL EXCLUSION This endorsement modifies insurance provided under the following: CAUSES OF LOSS — BASIC FORM CAUSES OF LOSS — BROAD FORM CAUSES OF LOSS — SPECIAL FORM STANDARD PROPERTY POLICY SCHEDULE Premises Number Building Number 1 1 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. With respect to the location(s) indicated in the Sched- ule, the following provisions apply. A. The following is added to the Exclusions section and is therefore not a Covered Cause of Loss: WINDSTORM OR HAIL We will not pay for loss or damage: 1. Caused directly or indirectly by Windstorm or Hail, regardless of any other cause or event that contributes concurrently or in any se- quence to the loss or damage; or 2. Caused by rain, snow, sand or dust, whether driven by wind or not, if that loss or damage would not have occurred but for the Windstorm or Hail. But if Windstorm or Hail results in a cause of loss other than rain, snow, sand or dust, and that resulting cause of loss is a Covered Cause of Loss, we will pay for the loss or damage caused by such Covered Cause of Loss. For example, if the Windstorm or Hail damages a heating system and fire results, the loss or damage attributable to the fire is covered sub- ject to any other applicable policy provisions. B. The terms of the Windstorm Or Hail exclusion, or the inapplicability of this exclusion to a particular loss, do not serve to create coverage for any loss that would otherwise be excluded under this poli- cy. C. Under Additional Coverage — Collapse, in the Causes Of Loss -Broad Form, Windstorm or Hail is deleted from Paragraph 2.a. D. In the Causes Of Loss — Special Form, Windstorm or Hail is deleted from the "specified causes of loss" E. Under Additional Coverage Extensions — Prop- erty In Transit, in the Causes Of Loss — Special Form, Windstorm or Hail is deleted from Para- graph b.(1). CP 10 54 06 07 © ISO Properties, Inc., 2007 Page 1 of 1 0 COMMERCIAL PROPERTY CP 10 75 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CYBER INCIDENT EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A. The following exclusion is added to Paragraph B. Exclusions: We will not pay for Toss or damage caused directly or indirectly by the following. Such Toss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. Cyber Incident 1. Unauthorized access to or use of any computer system (including electronic data). 2. Malicious code, virus or any other harmful code that is directed at, enacted upon or introduced into any computer system (including electronic data) and is designed to access, alter, corrupt, damage, delete, destroy, disrupt, encrypt, exploit, use or prevent or restrict access to or the use of any part of any computer system (including electronic data) or otherwise disrupt its normal functioning or operation. 3. Denial of service attack which disrupts, prevents or restricts access to or use of any computer system, or otherwise disrupts its normal functioning or operation. CP 10 75 12 20 B. Exceptions And Limitations 1. Fire Or Explosion If a cyber incident as described in Paragraphs A.1. through A.3. of this exclusion results in fire or explosion, we will pay for the Toss or damage caused by that fire or explosion. 2. Additional Coverage The exclusion in Paragraph A. does not apply to the extent that coverage is provided in the: a. Additional Coverage — Electronic Data; or b. Additional Coverage — Interruption Of Computer Operations. 3. Electronic Commerce Endorsement The exclusion in Paragraph A. does not apply to the Electronic Commerce (E -Commerce) endorsement when attached to your policy. C. Vandalism The following is added to Vandalism, if Vandalism coverage is not otherwise excluded under the Standard Property Policy or the Causes Of Loss — Basic, Broad or Special Forms and if applicable to the premises described in the Declarations: Vandalism does not include a cyber incident as described in Paragraph A. © Insurance Services Office, Inc., 2020 Page 1 of 1 POLICY NUMBER: CPS7851270 COMMERCIAL PROPERTY CP 12 11 09 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BURGLARY AND ROBBERY PROTECTIVE SAFEGUARDS This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Premises No. Building No. Protective Safeguards Symbols Applicable 1 1 BR -1 Describe any "BR -4": Additional requirements, if any, for engagement of an automatic burglary alarm or other automatic system listed in this Schedule (other than the requirements of Paragraph A.2.): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following is added to the Commercial Property Conditions: Burglary And Robbery Protective Safeguards As a condition of this insurance, you are required to: 1. Maintain the protective safeguards listed in the Schedule, and over which you have control, in complete working order; 2. Actively engage any automatic burglary alarm or other automatic system listed in the Schedule and maintain it in the "on" position during all non -work hours and whenever the premises are unoccupied; 3. Actively engage an automatic burglary alarm or other automatic system, or parts thereof, in accordance with any other requirements, if any, indicated in the Schedule; and 4. Notify us if you know of any suspension of or impairment in any protective safeguard listed in the Schedule. However, notification to us of the suspension of or impairment in an automatic burglary alarm or other automatic system listed in the Schedule- will not be necessary if you: a. Can restore full protection within 48 hours of the suspension or impairment; CP 1211 09 17 © Insurance Services Office, Inc., 2016 Page 1 of 2 b. Provide at least one watchperson or other means of surveillance at the premises during all non -work hours and whenever the premises are otherwise unoccupied; and c. Provide at least one watchperson or other means of surveillance during work hours if the Schedule requires that the premises or part thereof be protected during work hours. B. The following is added to the Exclusions section of the Causes Of Loss — Special Form: Burglary And Robbery Protective Safeguards We will not pay for loss or damage caused by or resulting from theft if, prior to the theft, you failed to comply with any condition set forth in Paragraph A. C. The protective safeguards to which this endorsement applies are identified by the following symbols: 1. "BR -1" Automatic Burglary Alarm, protecting the entire building, that signals to: a. An outside central station; or b. A police station. Page 2 of 2 2. "BR -2" Automatic Burglary Alarm, protecting the entire building, that has a loud sounding gong or siren on the outside of the building. 3. "BR -3" Security Service, with a recording system or watch clock, making hourly rounds covering the entire building, when the premises are not in actual operation. 4. "BR -4" The protective safeguard described in the Schedule. © Insurance Services Office, Inc., 2016 CP 12 11 0917 POLICY NUMBER: CPS7851270 COMMERCIAL PROPERTY CP 12 18 10 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following: BUILDERS' RISK COVERAGE FORM BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT -OWNERS COVERAGE FORM STANDARD PROPERTY POLICY SCHEDULE Location Number: 1 Building Number: 1 Applicable Clause c.1. Loss (Enter C.1., C.2., C.3. or C.4.): Payable Description Of Property: 302 SEMINOLE ST, CLEARWATER, FL, 33755, PINELLAS Loss Payee Name: Front Row Theatrical Rental, LLC Loss Payee Address: 770 RIVER RD 4#416 EDGEWATER NJ 07020 UNITED STATES Location Number: Building Number: Applicable Clause (Enter C.1., C.2., C.3. or C.4.): Description Of Property: Loss Payee Name: Loss Payee Address: Location Number: Building Number: Applicable Clause (Enter C.1., C.2., C.3. or C.4.): Description Of Property: Loss Payee Name: Loss Payee Address: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CP 12 18 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 3 A. When this endorsement is attached to the Standard Property Policy CP 00 99, the term Coverage Part in this endorsement is replaced by the term Policy. B. Nothing in this endorsement increases the applicable Limit of Insurance. We will not pay any Loss Payee more than their financial interest in the Covered Property, and we will not pay more than the applicable Limit of Insurance on the Covered Property. C. The following is added to the Loss Payment Loss Condition, as indicated in the Declarations or in the Schedule: 1. Loss Payable Clause For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest, we will: a. Adjust losses with you; and b. Pay any claim for loss or damage jointly to you and the Loss Payee, as interests may appear 2. Lender's Loss Payable Clause a. The Loss Payee shown in the Schedule or in the Declarations is a creditor, including a mortgageholder or trustee, whose interest in Covered Property is established by such written instruments as: (1) Warehouse receipts; (2) A contract for deed; (3) Bills of lading; (4) Financing statements; or (5) Mortgages, deeds of trust, or security agreements. b. For Covered Property in which both you and a Loss Payee have an insurable interest: (1) We will pay for covered loss or damage to each Loss Payee in their order of precedence, as interests may appear. (2) The Loss Payee has the right to receive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Property. Page 2 of 3 (3) If we deny your claim because of your acts or because you have failed to comply with the terms of the Coverage Part, the Loss Payee will still have the right to receive loss payment if the Loss Payee: Pays any premium due under this Coverage Part at our request if you have failed to do so; Submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and Has notified us of any change in ownership, occupancy or substantial change in risk known to the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee. (4) If we pay the Loss Payee for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part: (a) The Loss Payee's rights will be transferred to us to the extent of the amount we pay; and (b) The Loss Payee's rights to recover the full amount of the Loss Payee's claim will not be impaired. At our option, we may pay to the Loss Payee the whole principal on the debt plus any accrued interest. In this event, you will pay your remaining debt to us. c. If we cancel this policy, we will give written notice to the Loss Payee at least: (1) 10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. d. If we elect not to renew this policy, we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. © Insurance Services Office, Inc., 2011 CP 12 18 10 12 3. Contract Of Sale Clause a. The Loss Payee shown in the Schedule or in the Declarations is a person or organization you have entered into a contract with for the sale of Covered Property. b. For Covered Property in which both you and the Loss Payee have an insurable interest, we will: (1) Adjust losses with you; and (2) Pay any claim for Toss or damage jointly to you and the Loss Payee, as interests may appear. c. The following is added to the Other Insurance Condition: For Covered Property that is the subject of a contract of sale, the word "you" includes the Loss Payee. 4. Building Owner Loss Payable Clause a. The Loss Payee shown in the Schedule or in the Declarations is the owner of the described building in which you are a tenant. b. We will adjust losses to the described building with the Loss Payee. Any Toss payment made to the Loss Payee will satisfy your claims against us for the owner's property. c. We will adjust losses to tenants' improvements and betterments with you, unless the lease provides otherwise. CP 12 18 10 12 © Insurance Services Office, Inc., 2011 Page 3 of 3 POLICY NUMBER: CPS7851270 IL 04 01 02 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA - SINKHOLE LOSS COVERAGE This endorsement modifies insurance provided under the following: CAPITAL ASSETS (OUTPUT POLICY) COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART SCHEDULE Premises Number Building Number 1 1 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. With respect to the location(s) indicated in the Schedule, the following provisions apply: A. When this endorsement is attached to Standard Property Policy CP 00 99, the term Coverage Part in this endorsement is replaced by the term Policy. B. When this endorsement is attached to the Farm Livestock Coverage Form, reference to loss (other than in the term Sinkhole Loss itself) means "loss" as defined in that coverage form. C. The following is added to this Coverage Part as a Covered Cause of Loss. In the forms which address "specified causes of loss", the following is also added as a "specified cause of loss". However, as a "specified cause of loss", the following does not apply to the Additional Coverage — Collapse. Sinkhole Loss, meaning loss or damage to Covered Property when "structural damage" to the covered building, including the foundation, is caused by settlement or systematic weakening of the earth supporting the covered building, only if the settlement or systematic weakening results from contemporaneous movement or raveling of soils, sediments, or rock materials into subterranean voids created by the effect of water on a limestone or similar rock formation. IL0401 0212 Coverage for Sinkhole Loss includes stabilization of the building (including land stabilization) and repair to the foundation, provided such work is in accordance with the requirements of Florida Insurance Law and in accordance with the recommendation of a professional engineer and with notice to you. The professional engineer must be selected or approved by us. However, until you enter into a contract for performance of building stabilization or foundation repair in accordance with the recommendations of the professional engineer as set forth in a report from us: 1. We will not pay for underpinning or grouting or any other repair technique performed below the existing foundation of the building; and 2. Our payment for Sinkhole Loss to Covered Property may be limited to the actual cash value of the loss to such property. © Insurance Services Office, Inc., 2012 Page 1 of 3 You must enter into a contract for the performance of building stabilization and/or foundation repair in accordance with the aforementioned recommendations, within 90 days after we notify you that there is coverage for your Sinkhole Loss. After you have entered into such contract, we will pay the amounts necessary to begin and perform such repairs as the work is performed and the expenses are incurred. However, if the professional engineer determines, prior to your entering into the aforementioned contract or prior to the start of repair work, that the repairs will exceed the applicable Limit of Insurance, we must either complete the recommended repairs or pay that Limit of Insurance upon such determination. If the aforementioned determination is made during the course of repair work and we have begun making payments for the work performed, we must either complete the recommended repairs or pay only the remaining portion of the applicable Limit of Insurance upon such determination. The most we will pay for the total of all Sinkhole Loss, including building and land stabilization and foundation repair, is the applicable Limit of Insurance on the affected building. The stabilization and all other repairs to the Covered Property must be completed within 12 months after entering into the contract for the performance of these repairs, unless: 1. There is a mutual agreement between you and us; 2. The claim is involved with the neutral evaluation process; 3. The claim is in litigation; or 4. The claim is under appraisal or mediation. D. Sinkhole Loss does not include: 1. Sinking or collapse of land into man-made underground cavities; or 2. Earthquake. E. With respect to coverage provided by this endorsement, the Earth Movement Exclusion and the Collapse Exclusion do not apply. Page 2 of 3 F. With respect to a claim for alleged Sinkhole Loss, the following provision is added: Following receipt by us of a report from a professional engineer or professional geologist on the cause of loss and recommendations for land stabilization and repair of property, or if we deny your claim, we will notify you of your right to participate in a neutral evaluation program administered by the Florida Department of Financial Services (hereinafter referred to as the Department). For alleged Sinkhole Loss to commercial residential or farm residential properties, this program applies instead of any mediation procedure set forth elsewhere in this policy, but does not invalidate the Appraisal Condition. You or we may file a request with the Department for neutral evaluation; the other party must comply with such request. We will pay reasonable costs associated with the neutral evaluation, regardless of which party makes the request. But if a party chooses to hire a court reporter or stenographer to contemporaneously record and document the neutral evaluation, that party must bear the costs of those services. The neutral evaluator will be selected from a list maintained by the Department. The recommendation of the neutral evaluator will not be binding on you or us. Participation in the neutral evaluation program does not change your right to file suit against us in accordance with the Legal Action Against Us Condition in this policy, except that the time for filing suit is extended for a period of 60 days following the conclusion of the neutral evaluation process or five years, whichever is later. G. Coverage for Sinkhole Loss under this endorsement does not increase the applicable Limit of Insurance. Even if Toss or damage qualifies under, or includes, both Catastrophic Ground Cover Collapse (addressed elsewhere in this Coverage Part) and Sinkhole Loss, only one Limit of Insurance will apply to such loss or damage. © Insurance Services Office, Inc., 2012 IL 04 01 0212 H. The following provision is added to the Duties In The Event Of Loss Or Damage Loss Condition: A claim for Sinkhole Loss, including but not limited to initial, supplemental and reopened claims is barred unless notice of claim is provided to us in accordance with the terms of this policy within two years after you knew or reasonably should have known about the Sinkhole Loss. I. The following definitions are added with respect to the coverage provided under this endorsement: 1. "Structural damage" means a covered building, regardless of the date of its construction, has experienced the following: a. Interior floor displacement or deflection in excess of acceptable variances as defined in ACI 117-90 or the Florida Building Code, which results in settlement related damage to the interior such that the interior building structure or members become unfit for service or represent a safety hazard as defined within the Florida Building Code; b. Foundation displacement or deflection in excess of acceptable variances as defined in ACI 318-95 or the Florida Building Code, which results in settlement related damage to the "primary structural members" or "primary structural systems" and that prevents those members or systems from supporting the Toads and forces they were designed to support to the extent that stresses in those "primary structural members" or "primary structural systems" exceed one and one-third the nominal strength allowed under the Florida Building Code for new buildings of similar structure, purpose, or location; c. Damage that results in listing, leaning, or buckling of the exterior Toad bearing walls or other vertical "primary structural members" to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base as defined within the Florida Building Code; d. Damage that results in the building, or any portion of the building containing "primary structural members" or "primary structural systems", being significantly likely to imminently collapse because of the movement or instability of the ground within the influence zone of the supporting ground within the sheer plane necessary for the purpose of supporting such building as defined within the Florida Building Code; or IL 04 01 0212 e. Damage occurring on or after October 15, 2005, that qualifies as substantial structural damage as defined in the Florida Building Code. 2. "Primary structural member" means a structural element designed to provide support and stability for the vertical or lateral loads of the overall structure. 3. "Primary structural system" means an assemblage of "primary structural members". J. If we deny your claim for Sinkhole Loss without performing testing under section 627.702, Florida Statutes, you may demand testing by communicating such demand to us in writing within 60 days after you receive our denial of the claim. You are responsible for 50% of the testing costs, or $2,500, whichever is less. If our professional engineer or geologist provides written certification, pursuant to section 627.7073, that there is sinkhole Toss, we will reimburse you for the testing costs. K. You may not accept a rebate from any person performing repairs for Sinkhole Loss covered under this endorsement. If you receive a rebate, coverage under this endorsement is void and you must refund the amount of the rebate to us. L If we deny your claim for Sinkhole Loss upon receipt of written certification from a professional engineer or geologist, pursuant to section 627.7073, that there is no sinkhole loss or that the cause of the damage was not sinkhole activity, and if the sinkhole claim was submitted without good faith grounds for submitting such claim, you shall reimburse us for 50% of the actual costs of the analyses and services provided under sections 627.7072 and 627.7073, or $2,500, whichever is less. You are not required to pay such reimbursement unless you requested the analysis and services and we, before ordering the analysis, informed you in writing of the potential for reimbursement and gave you the opportunity to withdraw the claim. M. As a precondition to accepting payment for sinkhole loss, you must file with the county clerk of court, a copy of any sinkhole report regarding your property which was prepared on behalf or at your request. You will bear the cost of filing and recording the sinkhole report. © Insurance Services Office, Inc., 2012 Page 3 of 3 Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. ATTACHED TO AND FORMING A PART OFNAMED POLICY NUMBER ENDORSEMENT EFFECTIVE DATE INSURED (12;01 A.M. STANDARD TIME) AGENT NO. I CPS7851270 08/21/2023 .FRANCIS WILSON PLAYHOUSE, INC 09010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASSIGNMENT OF CLAIM BENEFITS The following Condition is added: ASSIGNMENT OF CLAIM BENEFITS No assignment of claim benefits, regardless of whether made before or after loss, shall be valid without the written consent of: 1. All named insureds; 2. All additional insureds; 3. All mortgagees; 4. All Iienholders; and 5. Any other person or entity; named in this policy and entitled to payment. AUTHORIZED REPRESENTATIVE DATE UTS-491 (1-19) Page 1 of 1 6 Nationwide. Special Risk Accident Policy Hartford Life and Accident Insurance Company Hartford Plaza Hartford, Connecticut 06115 (A stock insurance company) We will pay benefits according to the conditions of this Policy. Signed for the Company Kevin Barnett. Secretary Jonathan Bennett, President GENERAL PROVISIONS Consideration: We have issued this policy in consideration of the payment of the Policy Premium in advance of the Policy Date. The Policy Premium and Policy Date are shown in the Schedule. Policy Period: This policy takes effect on the Policy Date and continues to the end of the Policy Period. The dates are shown in the Schedule. Entire Contract: The entire contract between the Policy -holder and us consists of this policy, and any papers made a part of this policy at issue. Changes: No agent has authority to change or waive any part of this policy. To be valid, any change or waiver must be in writing, approved by one of our officers and made a part of this policy. Data Furnished By Policyholder: The Policyholder, with our approval, may keep the important insurance records on all Insured Persons. The Policyholder will give us information, when and in the manner we ask, to administer the insurance provided by this policy. Hartford Life TABLE OF CONTENTS General Provisions Definitions Covered Activities Exclusions Benefits Claim Provisions The Policyholder's insurance records will be open for our inspection at any reasonable time. Failure on the part of the Policyholder to: a) give us the name of an Insured Person will not invalidate the insurance; b) report termination of an Insured Person will not continue the coverage beyond the date of termination. Certificates: If required by the laws of the state where this policy is delivered, we will give certificates to the Policy -holder for delivery to Insured Persons. The certificates will state the features of this policy which are important to Insured Persons. Countersigned by Licensed Resident Agent a) b) Cancellation: This policy may be cancelled at any time by written notice mailed or delivered by us to the Policyholder or by the Policyholder to us. If we cancel, we will mail or deliver the notice to the Policyholder at its last address shown in our records. If we cancel, it becomes effective on the later of: a) the date stated in the notice; or b) the 20th day after we mail or deliver the notice. If the Policyholder cancels, it becomes effective on the later of: a) the date we receive the notice; or b) the date stated in the notice. In either event: a) we will promptly return any unearned premium paid; or b) the Policyholder will promptly pay any earned premium which has not been paid. Any earned or unearned premium will be determined on a pro rata basis. Cancellation will not effect any claim for loss due to an accident which occurs before the effective date of cancellation. Conformity With State Statutes: On the Policy Date, any part of the policy which is in conflict with a statute of the state in which the policy is: delivered; or issued for delivery; is hereby amended to agree with the statute's minimum requirements. INSURED PERSON PERIOD OF COVERAGE Effective Date: Each person becomes an Insured Person on the date he or she meets the qualifications stated in the Schedule. Form 7692 (FL) (HLA) Printed in U.S.A Termination: Coverage of each Insured Person ceases on the first to occur of: a) the date the policy terminates; or b) the date he or she ceases to qualify as an Insured Person. Termination will not affect any claim for loss due to an accident which occurs before the termination date. DEFINITIONS Injury means bodily injury of an Insured Person which results directly and independently of all other causes from accident which occurs while he or she is participating in a Covered Activity. Loss resulting from sickness or disease is not considered as resulting from Injury. However, loss resulting from a pus -forming infection which occurs through an accidental wound is considered as resulting from Injury. Physician means a duly licensed practitioner acting within the scope of his or her license. It does not mean the Insured Person or a member of his or her immediate family. We, our or us means the Hartford Life and Accident Insurance Company. EXCLUSIONS This policy does not cover loss resulting from: a) intentionally self-inflicted injury, suicide or attempted suicide, whether sane or insane; b) injury sustained while: i) in or on; ii) boarding or alighting from; iii) being struck down by; any aircraft in motion except as an airline passenger on an aircraft: i) operated by a passenger airline ii) on a regularly scheduled trip over its established route; c) war or act of war, whether declared or not; d) injury sustained while in the armed forces (land, water or air) of any country or international authority; e) repair or replacement of existing dentures, partial dentures, braces, fixed or removable bridges, or other artificial dental restoration; f) repair, replacement, examinations for prescriptions or fitting of eyeglasses or contact lenses; repair or replacement of artificial limbs or orthopedic braces. g) BENEFITS PROVIDED The following benefits are provided under this policy only if an amount is stated in the Schedule opposite the name of the benefit. "None" shown in the Schedule opposite the name of a benefit means that the policy does not provide that benefit. If an Insured Person's injury results in loss for which, in the absence of this provision, we would pay an amount under: a) the Accidental Death Benefit; and b) the Accidental Dismemberment Benefit; we will pay the amount for only one Benefit which provides the larger amount. ACCIDENTAL DEATH BENEFIT If an Insured Person's injury results in loss of life within 180 days after the date of accident, we will pay the Principal Sum for this benefit. The amount of the Principal Sum is shown in the Schedule. ACCIDENTAL DISMEMBERMENT BENEFIT If an Insured Person's injury results in any of the following losses within 180 days after the date of accident, we will pay the sum shown opposite the loss. We will not pay more than the Principal Sum for this Benefit for all losses due to the sante accident. The amount of the Principal Sum is shown in the Schedule. Form 7692 (FL) (HLA) Printed in U.S.A For Loss of: Both Hands or Both Feet or Sight of Both Eyes....The Principal Sum One Hand and One Foot...The Principal Sum Either Hand or Foot and Sight of One Eye ... The Principal Sum Either Hand or Foot One -Half The Principal Sum Sight of One Eye One -Half The Principal Sum Thumb and Index .One -Quarter Finger of Either Hand ...The Principal Sum Loss means with regard to: a) hands and feet, actual severance through or above wrist or ankle joints; b) sight, entire and irrecoverable loss thereof; c) thumb and index finger, actual severance through or above metacarpophalangeal joints. ACCIDENT MEDICAL EXPENSE BENEFIT We will pay the Reasonable Expenses incurred by an Insured Person, in excess of the Deductible Amount, for Medical Care if: a) the first expense is incurred within 26 weeks after the accident; and b) the expense is incurred within 104 weeks after the accident. We will not pay: a) more than the Maximum Dental Limit for all expenses incurred for dental treatment, services and supplies; b) more than the Maximum Benefit for all Medical Care and dental treatment, services and supplies; as the result of any one accident. The Deductible Amount and Maximum Benefit are shown in the Schedule. The Deductible Amount will be applied separately to each accident. Medical Care means necessary: a) medical or surgical treatment, services or supplies; b) hospital, nursing and ambulance services. Each item of Medical Care must be: a) prescribed by a legally qualified physician; b) for the sole purpose of treating the injury. Ambulatory Surgical Center means a facility the primary purpose of which is to provide elective surgical care in which the patient is admitted to and discharged from said facility within the same working day and is not part of a hospital. However, a facility existing for the primary purpose of performing therapeutic abortions or an office maintained by a physician for the practice of medicine or an office maintained for the practice of dentistry shall not be construed to be an ambulatory surgical center. Reasonable Expenses means fees and prices which do not exceed those generally charged for similar Medical Care in the local area where received by the Insured Person. An expense is considered to be incurred on the date the Medical Care is rendered. CLAIM PROVISIONS Notice of Claim: The person who has the right to claim benefits (the claimant, beneficiary, or his or her representative) must give us written notice of a claim within 30 days after a covered loss begins. If notice cannot be given within that time, it must be given as soon as reasonably possible. The notice should include the Insured Person's name and the policy number. Notice should be given to our agent or sent to our office in Hartford, Connecticut. Claim Forms: When we receive the notice of claim, we will send forms to the claimant far giving us proof of loss. The forms will be sent within 15 days after we receive the notice of claim. If the fonns are not received, the claimant will satisfy the proof of loss requirement if a written Form 7692 (FL) (HLA) Printed in U.S.A notice of the occurrence, character and extent of the loss is sent to us. Proof of Loss: Proof of loss must be sent to us within 90 days after the date of the loss. If the claimant is not able to send proof within that time it may be sent as soon as reasonably possible without affecting the claim. The additional time allowed cannot exceed one year unless the claimant is legally incapacitated. Time of Payment of Claims: We will pay any daily, weekly or monthly benefit due: a) on a monthly basis, after we receive proof of loss, while the loss and our liability continue; or b) immediately after we receive the proof of loss following the end of our liability. We will pay any other benefit due immediately after we receive the proof of loss. Payment of Claims: We will pay any benefit due for loss of life: a) according to the beneficiary designation in effect at the time of payment; otherwise b) to Insured Person's estate. All other benefits due and not assigned will be paid to the Insured Person, if living. Otherwise, the benefits may, at our option, be paid: a) according to the beneficiary designation; or b) to Insured Person's estate. If a benefit due is payable to: a) Insured Person's estate; or b) Insured Person or a beneficiary who is either a minor or not competent to give a valid release for the payment; we may pay up to $3,000 of the benefit due to some other person. The other person will be one who we believe is entitled to the payment and who is related to the Insured Person or the beneficiary by blood or marriage. We wilt be relieved of further responsibility to the extent of any payment made in good faith. We may pay benefits directly to any hospital or person rendering covered services, unless the Insured Person requests otherwise in writing. The Insured Person must make the request no later than the time he or she files a proof of loss. Physical Examinations and Autopsy: While a claim is pending we have the right at our expense: a) to have the Insured Person examined by a physician when and as often as is reasonably necessary; and b) in case of death, to make an autopsy where not forbidden by law. Legal Actions: Legal action cannot be taken against us: a) before 60 days following the date proof of loss is sent to us; b) after the expiration of the applicable statute of limitations following the date proof of loss is due. Naming a Beneficiary: An Insured Person may name a beneficiary or change a named beneficiary by giving a written request to us. The Insured Person's request takes effect on the date it is executed, regardless of whether the Insured Person is living when we receive it. We will be relieved of further responsibility to the extent of any payment we made in good faith before we received such request. Assignment: This insurance may not be assigned. Benefit payments may be assigned as allowed in the Payment of Claims provision. Form 7692 (FL) (HLA) Printed in U.S.A SCHEDULE Policy Premium: $340.00 Minimum Policy Premium: $340.00 POLICYHOLDER'S NAME AND ADDRESS: Policy Period: POLICY NO: 81 -SR -282004 FRANCIS WILSON PLAYHOUSE INC 302 SEMINOLE STREET CLEARWATER , FL 33755 From (Policy Date): 8/21/2023 To: 8/21/2024 12:01 A.M. Standard Time at the address of the Policyholder Producer's Name and Address: Agent Code Form Numbers of the Policy, Riders and attached papers at issue USI INSURANCE SERVICES NATIONAL INC 4000 Town Center STE 800 Southfield , MI 48075 151545 Form 7692 (HLA) PA -5948 (HLA) PA -5953 (HLA) PA -7487 (HLA) INSURED PERSON means any person who is a registered member of the Policyholder. COVERED ACTIVITIES means This policy covers each Insured Person during the policy period while he or she is: (a) participating in Policyholder -sponsored activities: (1) sponsored by the Policyholder; and (2) on the premises designated and supervised by the Policyholder. Accidental Death Benefit Accidental Dismemberment Benefit Accident Medical Expense Benefit BENEFITS AND AMOUNTS Principal Sum: Principal Sum: Maximum Benefit: Deductible Amount: Maximum Dental Limit: Form PA -5948 Printed in U.S.A. $15,000.00 $15,000.00 $10,000.00 $0.00 $250.00 ADDITIONAL EXCLUSIONS RIDER # 1 This rider forms a part of Policy Number 81 -SR -282004 issued to FRANCIS WILSON PLAYHOUSE INC and all certificates furnished in connection with the Policy. This rider becomes effective on the effective date of the Policy or certificate to which this rider is attached. The Policy and all certificates are hereby amended by the addition of the following to Exclusions: (h) injury sustained while playing or practicing in: (1) all intercollegiate sports; (2) any inter -school club sports; (3) any intramural sports; and (4) any form of tackle football. (i) (i) injury sustained for which the Insured Person is entitled to benefits under Worker's Compensation or similar law. expenses incurred for services, treatment, supplies or facilities rendered by: (1) the Policyholder's health service or infirmary; or (2) any physician or nurse employed or retained by the Policyholder. In all other respects, the Policy and certificates remain the same. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY Hartford, Connecticut Form PA- 5953 (HLA) Printed in U.S.A. AMENDATORY RIDER # 2 This rider forms a part of the Policy and all certificates furnished in connection with the Policy. This rider becomes effective on the effective date of the Policy or certificate to which this rider is attached. The Payment of Claims provision under the CLAIM PROVISIONS section is hereby deleted and replaced by the following: Payment of Claims: We will pay any benefit due for Loss of the Insured Person's Life: a) according to the beneficiary designation in effect at the time of his or her death; otherwise b) to the survivors in equal shares, in the first of the following classes to have a survivor at the insured person's death: (1) spouse (2) children (3) parents (4) brothers & sisters. If there is no survivor in these classes, payment will be made to the Insured Person's estate. All other benefits due and not assigned will be paid to the Insured Person, if living. Otherwise, the benefits will be paid according to the preceding paragraph. If the benefit due is payable to: a) the Insured Person's estate or; b) the Insured Person or a beneficiary who is either a minor or not competent to give a valid release for the payment; we may pay up to $3000 of the benefit due to some other person. The other person will be one who we believe is entitled to the payment and who is related to the Insured Person or the beneficiary by blood or marriage. We will be relieved of further responsibility to the extent of any payment made in good faith. We may pay benefits directly to any hospital or person rendering covered services, unless the Insured Person requests otherwise in writing. The Insured Person must make the request no later than the time he or she files a proof of loss. In all other respects, the Policy and certificates remain the same. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY Hartford, Connecticut Form PA- 7487 (HLA) Printed in U.S.A. Q Safehold SPECIAL RISK USI INSURANCE SERVICES NATIONAL INC 8000 NORMAN CENTER DRIVE SUITE 400 BLOOMINGTON, MN 55437 Agency Phone: (612) 509-1051 •DELIVERY ADDRESS • NFIP Policy Number: Company Policy Number: Agent: Payor: Policy Term: Policy Form: 3000165071 SAF3000165071 ARMANDO PRECIADO INSURED 08/27/2022 12:01 AM - 08/27/2023 12:01 AM GENERAL PROPERTY To report a claim https://ssr.manageflood.com visit or call us at: (888) 598-0443 REVISED FLOOD INSURANCE POLICY DECLARATIONS NATIONAL FLOOD INSURANCE PROGRAM FRANCIS WILSON PLAYHOUSE, INC. FRANCIS WILSON PLAHOUSE 302 SEMINOLE ST CLEARWATER, FL 33755-3857 INSURED NAME(S) AND MAILING ADDRESS FRANCIS WILSON PLAYHOUSE, INC. FRANCIS WILSON PLAHOUSE 302 SEMINOLE ST CLEARWATER, FL 33755-3857 COMPANY MAILING DRESSvwd HOMESI'(E INSURANCE COMPANY PO BOX 912470 DENVER, CO 80291-2470 IG INFORMAL BUILDING OCCUPANCY: NUMBEROFUNITS:. PRIMARY RESIDENCE: PROPERTY DESCRIPTION: SURED PROPERTY:LOCATION 302 SEMINOLE ST CLEARWATER, FL 33755-3857 BUILDING DESCRIPTION: OTHER NON-RESIDENTIAL TYPE BUILDING DESCRIPTION DETAIL: THEATRE REPLACEMENT COST VALUE: $3,789,510.00 DATE OF CONSTRUCTION: 06/03/1972 NON-RESIDENTIAL BUILDING N/A NO SLAB ON GRADE (NON -ELEVATED) 2 FLOOR(S) FRAME CONSTRUCTION PRIOR NFIP CLAIMS: 0 CLAIM(S) MORTGAGEE/ ADDITIONAL INTEREST INFORMATION FIRST MORTGAGEE: CURRENT FLOOD ZONE: VE FIRST FLOOR HEIGHT (FEET): FIRST FLOOR HEIGHT METHOD: 3.5 FEMA DETERMINED DISASTER AGENCY: LOAN NO: N/A LOAN NO: WA CASE NO: N/A DISASTER AGENCY: .N/A COVERAGE DEDUCTIBLE BUILDING: $500,000 $2,000 '. CONTENTS: $257,000 $2,000 COVERAGE LIMITATIONS MAY APPLY. SEE YOUR POLICY FORM FOR DETAILS. Please review this declaration page for accuracy. If any changes are needed, contact your agent. Notes: The "FULL RISK PREMIUM" Is for this policy term only. It is subject to change annually If there is any change in the rating elements. Your property's NFIP flood claims history can affect your premium, for questions please contact your agency. '° MITIGATION DISCOUNTS" may apply if there are approved flood vents and/or the machinery & equipment is elevated appropriately. To learn more about your flood risk, please visit FloodSmartgovMoodcosts. ENDORSEMENT EFFECTIVE DATE: 07/13/2023 12:01 AM ENDORSEMENT PREMIUM: ($1.00) CHANGES APPLIED TO: INSURED / MAILING ADDRESS COMPONENTS OF TOTAL AMOUNT DUE BUILDING PREMIUM: $13,971.00 INCREASED COST OF COMPLIANCE (ICC) PREMIUM: MITIGATION DISCOUNT: COMMUNITY RATING SYSTEM REDUCTION: $75.00 ($0.00) ($1,729.00) Fd1+11TNES5 WOOF; I have signed this pafl ?l�?pw and hereby enter into tiffs` hstsance Agreetaer t AutFiori%ed Fabiati-Fondriest: This declarations page along with the Standard Flood Insurance Policy Form constitutes your flood Insurance policy. Policy issued by: HOMESITE INSURANCE COMPANY FULL RISK PREMIUM: ANNUAL INCREASE CAP DISCOUNT: STATUTORY DISCOUNTS: DISCOUNTED PREMIUM: RESF,RVE FUND ASSESSMENT: HFIAA SURCHARGE::, FEDERAL POLICY FEE: PROBATION SURCHARGE: TOTAL ANNUAL PREMIUM: PRORATA PREMIUM ADJUSTMENT: $20,951.00 ($15,223.00) ($0.00) $5,728.00 $1,031.00 $250.00 $47.00 $0.00 ... $7,056.00 $4.00 1141550 Page 1 ADJUSTED ANNUAL PREMIUM: $7,060.00 Zero Balance Due - This Is Not A Bill Insurer NAIC Number: 17221 Printed 07/13/2023