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CERTIFICATE OF INSURANCE (2) . . --- ~ ~ --- ..--- ~ o o --- -= --- z-= = - N= - --- N= - -= --- - N= - C'l_ - C'l_ - 0- o 0- = - N . ~ This MEMORANDUM, common policy londitions, coverage part declarat~ns, schedules, coverage parts, coverage part conditions and endorsements complete the POLICY. FARM I NGT,IIJN CASUALTY COMPANY HARTFOR[ CONNECTICUT 06156 A Stock Insurance Company ~ """ C\I The knterprise 2000 POLICY for POLICY NUMBER the MERCANTILE Program. 023 AE 0020042896 NAMED INSURED AND ADDRESS POLICY PERIOD BILGORE GROVES BILL DONALDSON INC DBA From 10/14/88 to 10/14/89 12:01 A.M. 108 S MYRTLE AVE Standard Time at the Insured's CLEARWATER FL 33515 Address Stated Herein. PINELLAS NAMED INSURED IS CORPORATION BUSINESS OF NAMED INSURED AGENCY GIFT SHOP - RETAIL R&C UNDERWRITING AUTHORITY PREMIUM In return for the payment of the knterprise 2000 premium and subject to all the terms of this POLICY the designated company for the coverage part provides you with the indicated coverages for which a coverage part and any endorsements included at the inception or during the policy period are attached. k nterprise 2000 Premium I $261.00 This policy is not valid unless countersigned by a duly authorized agent of the designated company. AGENCY AT UIHORI~DJ1 A~E~T,'/ _ ,.' / DATE CLEARWATER, FL ~ /..U ;;f///~ PROPERTY LIABILITY COVERAGE PART The designated Company for this Coverage Part including related Conditions and Provisions is: FARMINGTON CASUALTY COMPANY HARTFORD, CONNECTICUT 06156 BUILDING AND PERSONAL PROPERTY COVERAGE LOCATION OF PREMISES ADDRESS 108 S MYRTLE AVE CLEARWATER (2) FL PINELLAS Location 1 Building 1 I i COVERAGE VALUATION PROVISIONS LIMIT BUSINESS PERSONAL PROPERTY REPLACEMENT COST $10,000 COMBINED BUSINESS INCOME ACTUAL LOSS 12 MONTHS AND EXTRA EXPENSE SUSTAINED AE001 (ED. 09-87) READ YOUR POLICY CAREFULLY MEMORANDUM COpy PRINTED IN U.S.A. :2/-0~/(':" / (2) . '~ . . DECLARATIONS AND SCHEflULES (CONTINUED) NAME - BILGORE GROVES I PAGE 2 POLICY - 023 AE 0000020042896 I ~ ~ C\J COVERAGE MONEY AND SECURITIES WITHIN DESCRIBED OR BANKING PREMISES. CONVEYED BY MESSENGER OR ARMORED CAR SERVICE. LIMIT $10,000 $2,000 PROPERTY DEDUCTIBLE Building and Business Personal Property $250 per occurence COMMERCIAL GENERAL LIABILITY COVERAGE COVERAGES LIMITS OF LIABILITY AGGREGATE LIMITS OF LIABILITY $1,000,000 Products/Completed Operation Aggregate. $1,000,000 General Aggregate ( other than Products/Completed Operations). COVERAGE A - Bodily Injury and Property $500,000 anyone occurrence subject Damage Liability to the Products/Completed Operations and the General Aggregate Limits of Liability. Fire Damage Liability $50,000 anyone fire subject to the Coverage A and the General Aggregate Limit of Liability. COVERAGE B - Personal and Advertising Injury $500,000 anyone person or organization Liability subject to the General Aggregate Limits of Liability. COVERAGE C - Medical Payments $5,000 anyone person subject to the Coverage A occurrence and the General Aggregate Limits of Liability. ":) iiiiiiiij; ~ o o ....= iiiiiiiij; - Z N= !!!!!!!!!!!!!!! N= iiiiiiiij; ....- N PROPERTY AND GENERAL LIABILITY COVERAGE INCLUDES THESE ENDORSEMENTS M_ ID_ o o o N= - . AE009 TABLE OF CONTENTS - PROPERTY LIABILITY COVERAGE PART - SPECIAL BUILDING AND PERSONAL PROPERTY COVERAGE FORM - SPECIAL COMMERCIAL GENERAL LIABILITY COVERAGE FORM MERCANTILE PROGRAM ENDORSEMENT CHANGES - POLLUTANTS ADDITIONAL INSURED (STATE OR POLITICAL SUBDIVISIONS - PERMITS RELATING TO PREMISES) AMENDMENT OF POLLUTION EXCLUSION FLORIDA CHANGES FLORIDA AMENDATORY ENDORSEMENT 0985 SD002 0985 SD003 0985 SM001 SD020 CG2013 0985 0787 1185 CG0041 IL0255 SE007 0586 1186 0985 AE001 (ED. 09-87) READ YOUR POLICY CAREFULLY MEMORANDUM COPY PRINTED IN U.S.A. . . ;;;;;;;;;;;0 !!!!!!!!!!! .,;;;;;;;;;;;0 !!!!!!!!!!! ;;;;;;;;;;;0 ..;;;;;;;;;;;0 = o 0- ...- ;;;;;;;;;;;0 - z== N - ;;;;;;;;;;;0 N - ... ;;;;;;;;;;;0 - N= = (\')= - - to-!!!!!!!!!!! O~ 0- o - N= !!!!!!!!!!! . DECLARATIONS AND SCHEfULES (CONTINUED) NAME - BILGORE GROVES PAGE 3 POLICY - 023 AE 0000020042896 I PROPERTY AND GENERAL LIABILITY COVERAGE INCLUDES THESE ENDORSEMENTS SE027 COMMERCIAL PROPERTY CONDITIONS - AMENDATORY ENDORSEMENT FLORIDA CHANGES 0188 ~ -:t C\I CG0220 1186 THE FOLLOWING ENDORSEMENTS APPLY TO ALL COVERAGE PARTS SD012 SD009 LEAD IN LANGUAGE COMMON POLICY CONDITIONS 0985 0985 Sign~~~COMPA~aSinsurerr::;;e i~n~ AE001 (ED. 09-87) READ YOUR POLICY CAREFULLY MEMORANDUM COpy PRINTED IN U.S.A. I I . Includes copyrighted material of Insurance Services Office, Inc. and ISO Commercial Risk Services, Inc., with their permission. 1981 through current year, Copyrighted Insurance Services Office, Inc., and ISO Commercial Risk Services, Inc. . . . . --- ~ ~ --- "It o = o ~ ...= --- - z_ --- N= - --- N - ... N= ~ C")~ == 01- ~ 0- o o - N= . I I ~ C\I 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 and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS of the specific Coverage Form(s). 50012 (ED. 09-85) PRINTED IN U.S.A. . . ~ ~ .. o o ~ ....= - z~ ~ N_ N_ ~ ....= N- M_ - - ....- - ....= ~ o o - N= = ~ . - COM~N POLICY CONDITIONS I LIFE 81 CASUALTY ~ "'" C\I A. CANCELLATION B. 1. The first Named Insured shown in the Declarations may cancel this policy or any coverage part by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy or any coverage part by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation 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 which ends the coverage. 5. If this policy or any coverage part 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 sufficient proof of notice. 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. EXAMINATION OF YOUR BOOKS AND RECORDS 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 C. 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 recommendations 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 standards. 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. SD009 (ED. 09-85) Page 1 of 2 PRINTED IN U.S.A. F. TRANSFER OF YOUR RIGHTS IND DUTIES UNDER THIS POLICY I 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 representative. 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. G. CONFORMITY WITH STATUTE When any condition of this insurance conflicts with applicable state law, it is amended to conform to that law. . . 50009 (ED. 09-85) Page 2 of 2 PRINTED IN U.S.A. . . ~ ~ ., ~ ...~ o 0- -= ~ - z~ N_ ~ N_ -= ~ - N= (1)- (1)- - - - ~ o 0- - N= . mil PROP~RTY/LIABILITY COVERAGEI PART -SPECIAL LIFE & CASUAln' ~ '<:t C\l TABLE OF CONTENTS BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION I-COVERED CAUSES OF LOSS-SPECIAL SECTION II-COVERED PROPERTY Building Business Personal Property Money and Securities Property Not Covered Limitations Coverage Extensions SECTION 11I- OPTIONAL COVERAGES Exterior Building Glass Exterior Signs SECTION IV- EXCLUSIONS SECTION V-VALUATION SECTION VI-LIMITS OF INSURANCE SECTION VII-DEDUCTIBLE CLAUSE SECTION VIII-COMMERCIAL PROPERTY CONDITIONS SECTION IX-DEFINITIONS COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION I-COVERAGES Bodily Injury and Property Damage Liability Personal and Advertising Injury Liability Medical Payments SECTION II-WHO IS AN INSURED SECTION III-LIMITS OF INSURANCE SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS SECTION V-DEFINITIONS ENDORSEMENTS AE009 (ED. 09-85) PRINTED IN U.S.A. . . ;;;;;;;;;;;;;; !!!!!!!!!!!!! J .. o o ;;;;;;;;;;;;;; ....= - z== ---- N_ ---- N_ ....= ---- N= = ('1)- UJ_ == ....= ---- o o N- ---- !!!!!!!!! . - BUILt'fNG AND PERSONAL PR'fERTY COVERAGE FORM LIFE & CASUALTY ~ -.:t C\I SECTION I-COVERED CAUSES OF LOSS-SPECIAL We will pay for direct physical loss of or damage to Covered Property unless the loss is limited in SECTION II, E. Limitations or excluded in SECTION IV-EXCLUSIONS. SECTION II-COVERED PROPERTY Covered Property means the following types of property for which a Limit of Insurance is shown in the Declarations: A. BUILDING, meaning the building or structure described in the Declarations, including: 1. Completed additions; 2. Permanently installed fixtures, machinery and equipment; 3. Outdoor fixtures; 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 and laundering. 5. If not covered by other insurance: a. Additions under construction, alterations and repairs to the building or 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. B. ' BUSINESS PERSONAL PROPERTY, meaning: 1. Your business personal 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, consisting of the following: a. Furniture and fixtures; b. Machinery and equipment; c. "Stock"; d. All other personal property owned by you and used in your business; e. Labor, materials or services furnished or arranged by you on personal property of others; and f. Your use interest as tenant in improvements and betterments. Improvements and betterments are fixtures, alterations, installations or additions: (1) Made a part of the building or structure you occupy but do not own; and (2) You acquired or made at your expense but cannot legally remove. 2. Personal property of others that is: a. In your care, custody or control; and b. 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. 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. SD002 (ED. 09-85) Page 1 of 16 PRINTED IN U.S.A. C. We do not cover "money" or "setrities" as part of Business Personal propJy. MONEY AND SECURITIES, meaning: 1. Your "money" or "securities" are covered: . a. While within "premises" described in the Declarations or while within any "banking premises". b. While being conveyed by a "messenger" or any armored motor vehicle company or while within the living quarters in the home of any, "messenger" . 2. You must keep records of your "money" or "securities" so that, if a loss occurs, we can accurately determine the amount of loss. 3. Our limit of liability under this coverage is the smallest of the following: a. The Limit of Insurance for "money" and "securities", shown on the Declarations; b. What it would cost at the time of loss to replace the property with other of like kind and quality; c. The actual cash value of the property at the time of loss. However, at your option, the cost of replacing "securities" may be determined by the market value at the time of settlement of the loss. 4. For property covered hereunder, point 4. d. under E. Limitations does not apply. D. PROPERTY NOT COVERED Covered Property does not include: 1. Accounts, bills, currency, deeds, evidences of debt, "money", notes or "securities", except as covered under SECTION II, C. 2. Animals, unless owned by others and boarded by you, or if owned by you, only as "stock" while inside of buildings; 3. Automobiles held for sale; 4. Bridges, roadways, walks, patios or other paved surfaces; 5. Contraband, or property in the course of illegal transportation or trade; 6. The cost of excavation, grading, backfilling or filling; 7. Foundations of buildings, structures, machinery or boilers if their foundations are below: a. The lowest basement floor; or b. The surface of the ground, if there is no basement; 8. Land (including land on which the property is located), growing crops or lawns; 9. Personal property while airborne or waterborne; 10. Pilings, piers, wharfs or docks; 11. 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; 12. Retaining walls that are not part of the building described in the Declarations; 13. Underground pipes, flues or drains; 14. The cost to research, replace or restore the information on valuable papers and records, including those which exist on electronic or magnetic media, except as provided in the Coverage Extensions; 15. Vehicles or self-propelled machines (including aircraft or watercraft) that: a. Are licensed for use on public roads; b. Are operated principally away from the described premises; c. You do not manufacture, process, warehouse or hold for sale. But this paragraph does not apply to rowboats or canoes out of the water at the described premises; The following property while outside of buildings: . . 16. SD002 (ED. 09-85) Page 2 of 16 PRINTED IN U.S.A. Grain, hay, slaw or other crops; I Fences; radio or television antennas, including their lead-in wiring, masts or towers; signs (other than signs attached to buildings); trees, shrubs or plants (other than those held as "stock"); except as provided in the Coverage Extensions. LIMITATIONS . E. ~ C\J . 2. ., ;;;;;;;;;;;;;; .. 3. 0 0 -- == z=== ;;;;;;;;;;;;;; N= - ;;;;;;;;;;;;;; N_ ;;;;;;;;;;;;;; -- N= = C'l_ - f'o !!!!!!!! ;;;;;;;;;;;;;; -= ;;;;;;;;;;;;;; 0 0 - N= !!!!!!!! ;;;;;;;;;;;;;; !!!!!!!! 4. . a. b. 1. We will not pay for loss or damage to: 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 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. e. Property that is missing, but there is no physical evidence to show what happened to it, such as shortage disclosed on taking inventory. f. Gutters and downspouts caused by or resulting from weight of snow, ice or sleet. g. Property that has been transferred to a person or to a place outside the described premises on the basis of unauthorized instructions. We will not pay more for loss of or damage to glass that is part of a building or structure than $100 for each plate, pane, multiple plate insulating unit, radiant or solar heating panel, jalousie, louver or shutter. We will not pay more than $500 for all loss of or damage to building glass that occurs at anyone time. This Limitation does not apply to loss or damage by the "specified causes of loss", except vandalism. 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. Valuable papers and records, such as books of account, manuscripts, abstracts, drawings, card index systems, film, tape, disc, drum, cell or other data processing recording or storage media, and other records. b. Animals, and then only if they are killed or their destruction is made necessary. c. Fragile articles such as glassware, statuary, marbles, chinaware and porcelains, if broken. This restriction does not apply to: (1) Glass that is part of a building or structure; (2) Containers of property held for sale; or (3) Photographic or scientific instrument lenses. d. Builders' machinery, tools, and equipment you own or that are entrusted to you, unless held for sale by you. For loss or damage by theft, the following types of property are covered only up to the limits shown: a. $2,500 for furs, fur garments and garments trimmed with fur. b. $2,500 for jewelry, watches, watch movements, jewels, pearls, precious and semi-precious 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. SD002 (ED. 09-85) Page 3 of 16 PRINTED IN U.S.A. c. $2,500 for patterns,lies, molds and forms. d. $250 for stamps, tickets and letters of credit. F. COVERAGE EXTENSIONS 1. Debris Removal We will pay your expense to remove debris of Covered Property caused by or resulting from a Covered Cause of Loss. J . 2. 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: a. While it is being moved or while temporarily stored at another location; and b. Only if the loss or damage occurs within 10 days after the property is first moved. 3. 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 your liability for fire department service charges: a. Assumed by contract or agreement prior to loss; or b. Required by local ordinance. No Deductible applies to this Coverage Extension. 4. Water Damage If loss or damage caused by or resulting from a covered water 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 steam escapes. We will not pay the cost of repairing or replacing the system or appliance itself; but we will pay the cost . to repair or replace damaged parts of fire extinguishing equipment if the damage: a. Results in sprinkler leakage; or b. Is directly caused by freezing. 5. Collapse We will pay for loss or damage caused by or resulting from risks of direct physical loss involving collapse of a building or any part of a building caused by one or more of the following: a. The" specified causes of loss" or breakage of building glass, all only as insured against in this Coverage Form; b. Hidden decay; c. Hidden insect or vermin damage; d. Weight of people or personal property; e. Weight of rain that collects on a roof; f. Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation. We will not pay for loss or damage to the following types of property, if otherwise covered in this Coverage Form, under items b, c, d, e and f, unless the loss or damage is a direct result of the collapse of a building: outdoor radio or television antennas, including their lead-in wiring, masts or towers; awnings, gutters and downspouts; yard fixtures; outdoor swimming pools; fences; piers. wharfs and docks; beach or diving platforms or appurtenances; retaining walls; walks, roadways and other paved . surfaces. Collapse does not include settling, cracking, shrinkage, bulging or expansion. 50002 (ED. 09-85) Page 4 of 16 PRINTED IN U.S.A. . . ~ !!!!!!!!!e .., ~ ... o o ~ ...= z~ N= - N ...= N= - = M= - Gl l!!!!!!!!!!e - ...= O~ o - N= l!!!!!!!!!!e ~ l!!!!!!!!!!e . ~ V (\J . 6. Newly Acquired 04constructed Property I a. You may extend the insurance that applies to SECTION II, A. Buildings, to apply to: (1) Your new buildings while being built on the described premises; and (2) Buildings you acquire at locations, other than the described premises, intended for: (a) Similar use as the building described in the Declarations; or (b) Use as a warehouse. The most we will pay for loss or damage under this Extension is 25% of the Limit of Insurance for SECTION II, A. Buildings, shown in the Declarations, but not more than $250,000 at each building. b. You may extend the insurance that applies to SECTION II, B. Business Personal Property, to apply to that property at any location you acquire other than at fairs or exhibitions. The most we will pay for loss or damage under this Extension is 10% of the Limit of Insurance for SECTION II, B. Business Personal Property, shown in the Declarations, but not more than $100,000 at each building. c. Insurance under this Extension for each newly acquired or constructed property will end when any of the following first occurs: (1) This policy expires; (2) 30 days expire after you acquire or begin to construct the property; or (3) You report values to us. We will charge you additional premium for values reported from the date construction begins or you acquire the property. 7. Personal Effects and Property of Others You may extend the insurance that applies to SECTION II, B. Business Personal Property, to apply to: a. Personal effects owned by you, your officers, your partners or your employees. This Extension does not apply to loss or damage by theft. b. 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. 8. Valuable Papers and Records - Cost of Research You may extend the insurance that applies to SECTION II, B. Business Personal Property, to apply to your costs to research, replace or restore the lost information on lost or damaged valuable papers and records, including those which exist on electronic or magnetic media, for which duplicates do not exist. The most we will pay under this Extension is $1,000 at each described premises. 9. Property Off-Premises You may extend the insurance that applies to this Coverage Form to apply to your Covered Property, other than "stock", that is temporarily at a location you do not own, lease or operate. This Extension applies only if loss or damage is caused by a Covered Cause of Loss. This Extension does not apply to Covered Property: a. In or on a vehicle; b. In the care, custody or control of your salespersons; or c. At any fair or exhibition. The most we will pay for loss or damage under this Extension is $5,000. 10. Outdoor Property You may extend the insurance provided by this Coverage Form to apply to your outdoor fences, radio and television antennas, signs (other than signs attached to buildings), trees, shrubs and plants (other than SD002 (ED. 09-85) Page 5 of 16 PRINTED IN U.S.A. those held as "stock"), inclding debris removal expense, caused by oj resulting from any of the following causes of loss if they are Covered Causes of Loss: a. Fire; b. Lightning; . c. Explosion; d. Riot or Civil Commotion; or e. Aircraft. The most we will pay for loss or damage under this Extension is $2,500. 11. Appurtenant Buildings and Structures You may extend the insurance that applies to SECTION II, A. Buildings, to cover direct loss in anyone occurrence by a Covered Cause of Loss to unscheduled buildings or structures. These buildings or structures must appertain to or be within 100 feet of the described premises. The most we will pay for loss or damage under this Extension is 5% of the Limit of Insurance for SECTION II, A. Buildings shown in the Declarations, but not more than $25,000 at each building. 12. Theft Damage a. You may extend the insurance that applies to SECTION II, B. Business Personal Property, to cover damage (except by fire or explosion) which directly results from theft or attempted theft: (1) To the part of the building you occupy and containing Covered Property. (2) To equipment in the part of the building you occupy pertaining to the service of the building. This coverage applies only if you are legally liable for the building damage. The building must be at the premises described in the Declarations. b. This Extension does not apply to glass (except structural glass) or to any lettering or ornamentation thereon. . SECTION 11I- OPTIONAL COVERAGES If shown in the Declarations, the following coverages apply: A. EXTERIOR BUILDING GLASS We cover: 1. All Exterior Building Glass constituting a part of the building described in the Declarations. This includes encasing frames and all lettering or ornamentation thereon. SECTION II, Limitations point 2. does not apply to such Exterior Building Glass. SECTION IV-EXCLUSIONS 1.b. and 1.g. do not apply to such Exterior Building Glass. 2. The cost of: a. boarding up damaged openings. b. installing temporary plates. c. removing or replacing obstructions when necessary. This coverage applies only for such glass which is your property or which is in your care, custody and control. B. EXTERIOR SIGNS We cover all Exterior Signs which are your property or which are in your care, custody and control. The signs must be on the premises described in the Declarations. The limit for Exterior Signs shown on the Declarations applies as primary insurance. Point 2. under SECTION VI-LIMITS OF INSURANCE is deleted for such Exterior Signs. The Outdoor Property Coverage Extension may be applied as excess insurance. SECTION IV-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. . S0002 (ED. 09-85) Page 6 of 16 PRINTE IN U.S.A. . . ~ ~ .., ~ .. o o ....- - Z ('1= ~ ('1= = ....= ~ ('1- M_ - - ....= ~ - ('1= ~ o o - ('1= ~ ~ ~ . ~ C\I a. Building Ordilance I The enforcement of 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. b. Earth Movement (1) Any earth movement (other than sinkhole collapse), such as earthquake, landslide or earth sinking, rising or shifting. But if loss or damage by fire or explosion results, we will pay for that resulting loss or damage. (2) Volcanic eruption, explosion or effusion. But if loss or damage by fire, building glass breakage or volcanic action results, we will pay for that resulting loss or damage. 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. All volcanic eruptions that occur within any 72-hour period will constitute a single occur- rence. 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. c. Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for 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 Form. d. Nuclear Hazard Nuclear reaction or radiation, or radioactive contamination, however caused. But if loss or damage by fire results, we will pay for that resulting loss or damage. e. Power Failure The failure of power or other utility service supplied to the described premises, however caused, if the failure occurs away from the described premises. But if loss or damage by a Covered Cause of Loss results, we will pay for that resulting loss or damage. f. War and Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. g. Water (1) Flood, surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not; (2) Mudslide or mudflow; (3) Water that backs up from a sewer or drain; or (4) Water under the ground surface pressing on, or flowing or seeping through: (a) Foundations, walls, floors or paved surfaces; SD002 (ED. 09-85) Page 7 of 16 PRINTED IN U.S.A. (b) Basem"ts, whether paved or not; or I (c) Doors, windows or other openings. But if loss or damage by fire, explosion or sprinkler leakage results, we will pay for that resulting . loss or damage. 2. We will not pay for loss or damage caused by or resulting from any of the following: a. Artificially generated electric current, including electric arcing, that disturbs electrical devices, appliances or wires. But if loss or damage by fire results, we will pay for that resulting loss or damage. 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, corrosion, fungus, decay, deterioration, hidden or latent defect or any quality in property that causes it to damage or destroy itself; (3) Smog; (4) Release, discharge or dispersal of contaminants or pollutants; (5) Settling, cracking, shrinking or expansion; (6) Insects, birds, rodents or other animals; (7) Mechanical breakdown, including rupture or bursting caused by centrifugal force; or (8) 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 loss or damage by the "specified causes of loss" or building glass breakage results, we will pay for that resulting loss or damage. e. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control. But if loss or damage by fire or combustion explosion results, we will pay for that resulting loss or damage. 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 that occurs over a period of 14 days or more. g. Water 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 water supply if the heat is not maintained. h. Dishonest or criminal acts by you, any of your partners, employees, directors, trustees, authorized representatives or anyone to whom you entrust the property for any purpose: (1) Acting alone or in collusion with others; or (2) Whether or not occurring during the hours of employment. This exclusion does not apply to acts of destruction by your employees; but theft by employees 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, except as provided in the Coverage Extensions. But if loss or damage by a Covered Cause of Loss results at the described premises, we will pay for that resulting loss or damage. SD002 (ED. 09-85) Page 8 of 16 PRINTED IN U.S.A. . . ~ !!!!!!!!!!!!!! .., ... o o ~ -= ~ - z== ~ N_ ~ N_ -- - N C')_ C')_ - - N= !!!!!!!!!!!!!! o o - N= !!!!!!!!!!!!!! ~ !!!!!!!!!!!!!! . ~ '<:t C\I 3. We will not pay fort'. ss or damage caused by or resulting frorrlany of the following. But if loss or damage by a Covered Caus of Loss results, we will pay for that resultftg loss or damage: 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; of part or all of any property on or off the described premises. SECTION V-VALUATION 1. We will determine the value of Covered Property in the event of loss or damage as follows: a. At replacement cost as of the time of loss or damage, except as provided in b., c., d., and e. below. b. II Stock" you have sold but not delivered at the selling price less discounts and expenses you otherwise would have had. c. Glass at the cost of replacement with safety glazing material if required by law. d. Tenant's improvements and betterments at: (1) Replacement cost 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. e. Valuable Papers and Records, including those which exist on electronic or magnetic media (other than prepackaged software programs), at the cost of: (1) Blank materials for reproducing the records; and (2) Labor to transcribe or copy the records when there is a duplicate. 2. We do not cover the following property on a replacement cost basis: a. Manuscripts. b. Works of art, antiques or rare articles, including etchings, pictures, statuary, marbles, bronzes, porcelains and bric-a-brac. 3. 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 loss or damage settled on an actual cash value basis, you may still make a claim for replacement cost if you notify us of your intent to do so within 180 days after the loss or damage. 4. We will not pay on a replacement cost basis for any loss or damage: a. Until the lost or damaged property is actually repaired or replaced; and 80002 (ED. 09-85) Page 9 of 16 PRINTED IN U.S.A. b. Unless the repairs I replacement are made as soon as re~OnablY possible after the loss or damage. 5. We will not pay more for loss or damage on a replacement cost basis than the least of: a. The Limit of Insurance applicable to the lost or damaged property; . b. The cost to replace, on the same premises, the lost or damaged property with other property: (1) Of comparable material and quality; and (2) Used for the same purpose; or c. The amount you actually spend that is necessary to repair or replace the lost or damaged property. SECTION VI-LIMITS OF INSURANCE 1. The most we will pay for loss or damage in anyone occurrence is the applicable Limit of Insurance shown in the Declarations. 2. The most we will pay for loss or damage to outdoor signs attached to buildings is $2,500 per sign in any one occurrence. 3. Payments under the following Coverage Extensions will not increase the applicable Limit of Insurance: a. Preservation of Property. b. Debris Removal; but if the sum of loss or damage and debris removal expense exceeds the Limit of Insurance, we will pay up to an additional $5,000 for each location in anyone occurrence under the Debris Removal Extension. c. Water Damage. d. Collapse. e. Theft Damage. The limits applicable to other Coverage Extensions are in addition to the Limits of Insurance. . SECTION VII-DEDUCTIBLE CLAUSE 1. SECTION II-COVERED PROPERTY, except Coverage Extensions We will not pay for loss or damage in anyone occurrence until the amount of loss or damage exceeds the Deductible shown in the Declarations. We will then pay the amount of loss or damage in excess of the Deductible, up to the applicable Limit of Insurance. 2. COVERAGE EXTENSIONS and SECTION III-OPTIONAL COVERAGES We will not pay for loss or damage in anyone occurrence until the amount of loss or damage exceeds $250. We will then pay the amount of loss or damage in excess of $250, up to the applicable Limit of Insurance. 3. Refer to attached optional Coverage Forms for applicable deductibles. SECTION VIII-COMMERCIAL PROPERTY CONDITIONS A. ABANDONMENT There can be no abandonment of any property to us. B. 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: 1. Pay its chosen appraiser; and 2. Bear the other expenses of the appraisal and umpire equally. SD002 (ED. 09-85) Page 10 of 16 PRINTED IN U.S.A. . . ;;;;;;;;;;;; !!!!!!!!!!!!!! ~ ;;;;;;;;;;;; ... o o ...= - Z N= ;;;;;;;;;;;; N_ ...= ;;;;;;;;;;;; N- ('1)_ - U1_ - N o o - N= - . ~ ~ C\I If we submit to an appraist, we will still retain our right to deny the cltm. COMMERCIAL PROPERTY CANCELLATION The following is added to the CANCELLATION Common Policy Condition: If anyone of the following conditions exists at any building that is Covered Property in this Coverage Form, we may cancel this coverage by mailing or delivering to the first Named Insured written notice of cancellation at least 5 days before the effective date of cancellation. 1. The building has been vacant or unoccupied 60 or more consecutive days. This does not apply to: a. Seasonal unoccupancy; b. Buildings in the course of construction, renovation or addition; or c. Buildings to which the Vacancy Permit endorsement applies. Buildings with 65% or more of the rental units or floor area vacant or unoccupied are considered unoccupied under this provision. 2. After damage by a Covered Cause of Loss, permanent repairs to the building: a. Have not started, and b. Have not been contracted for, within 30 days of initial payment of loss. 3. The building has: a. An outstanding order to vacate; b. An outstanding demolition order; or c. Been declared unsafe by governmental authority. 4. Fixed and salvageable items have been or are being removed from the building and are not being replaced. This does not apply to such removal that is necessary or incidental to any renovation or remodeling. 5. Failure to: a. Furnish necessary heat, water, sewer service or electricity for 30 consecutive days or more, except during a period of seasonal unoccupancy; or b. Pay property taxes that are owing and have been outstanding for more than one year following the date due, except that this provision will not apply where you are in a bona fide dispute with the taxing authority regarding payment of such taxes. D. CONCEALMENT, MISREPRESENTATION OR FRAUD C. This Coverage Form is void in any case of fraud by you as it relates to this Coverage Form at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning: 1. This Coverage Form; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Form. E. CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. If you violate a condition of this coverage, we will not pay for loss or damage at the involved location. But your coverage will continue for other locations at which the violation does not apply. F. DUTIES IN THE EVENT OF LOSS OR DAMAGE You must see that the following are done in the event of loss or damage to Covered Property: SD002 (ED. 09-85) Page 11 of 16 PRINTED IN U.S.A. 1. Notify the police if a law m~ have been broken. J 2. Give us prompt notice of the loss or damage. Include a description of the property involved. 3. As soon as possible, give us a description of how, when and where the loss or damage occurred. 4. Take all reasonable steps to protect the Covered Property from further damage. If feasible, set the . damaged property aside and in the best possible order for examination. Also keep a record of your expenses, for consideration in the settlement of the claim. 5. At our request, give us complete inventories of the damaged and undamaged property. Include quantities, costs, values and amount of loss claimed. 6. Permit us to inspect the property and records proving the loss or damage. 7. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. In such event, your answers must be signed. 8. Send us a signed, sworn statement of loss containing the information we request to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. 9. Cooperate with us in the investigation or settlement of the claim. G. INSURANCE UNDER TWO OR MORE COVERAGES 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. H. JOINT LOSS ADJUSTMENT In the event of damage to, or destruction of, property at a location designated in this Coverage Form, and also designated in a Boiler and Machinery Insurance Coverage Form(s), and there is a disagreement between the insurers with respect to: 1. Whether such damage or destruction was caused by a peril insured against by this Coverage Form or by an accident insured against by such Boiler and Machinery Insurance Coverage Form(s), or 2. The extent of participation of this Coverage Form and of such Boiler and Machinery Insurance Coverage Form(s) in a loss which is insured against, partially or wholly, by any or all said Coverage Forms, we will, upon your written request, pay you one-half of the amount of the loss which is in disagreement. In no event will we pay more than we would have paid if there had been no Boiler and Machinery Insurance Coverage Form(s). This agreement is subject to all of the following conditions: 1. The amount of the loss which is in disagreement, after making provisions for any undisputed claims payable under the said Coverage Form(s) and after the amount of loss is agreed upon by you and the insurers, is limited to the minimum amount remaining payable under either the Boiler and Machinery Coverage Form(s) or this Coverage Form. 2. The boiler and machinery insurer(s) will simultaneously pay you one-half of the amount which is in disagreement. 3. The payments by the insurers and your acceptance of the payments mean the insurers agree to submit to and proceed with arbitration within 90 days of the payments. There will be three arbitrators. The boiler insurer will appoint one; we will appoint one; and the third will be appointed by consent of the other two. The decision by the arbitrators will be binding on the insurers and that judgment may be entered in any court of competent jurisdiction. 4. You agree to cooperate in connection with such arbitration, but not to interfere therein. 5. The provisions of this agreement shall not apply unless the Coverage Form(s) issued by the boiler and machinery insurance company(ies) is similarly endorsed. 6. Your acceptance of sums paid pursuant to the provisions of this agreement, including any arbitration award, will not alter, waive, surrender or, in any way, effect your rights against any of the insurers. LEGAL ACTION AGAINST US . I. . No one may bring a legal action against us under this Coverage Form unless: SD002 (ED. 09-85) Page 12 of 16 PRINTED IN U.S.A. 1. There has been fUlltomPliance with all of the terms of this cO\~rage Form; and 2. The action is brought within 2 years after the date on which the direct physical loss or damage occurred. LIBERALIZATION J. . If we adopt any revision that would broaden the coverage under this Coverage Form without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Form. ~ K. LOSS PAYMENT o:t C\J 1. In the event of loss or damage covered by this Coverage Form, we will either: a. Pay the value of lost or damaged property; b. Pay the cost of repairing or replacing the lost or damaged property, plus any reduction in value of repaired items; c. Take all or part of the property at an agreed or appraised value; or d. Repair, rebuild or replace the property with other property of like kind and quality. 2. We will not pay you more than your financial interest in the Covered Property. 3. We will give notice of our intentions within 30 days after we receive the sworn statement of loss. 4. 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 owner's property. We will not pay the owners more than their financial interest in the Covered Property. 5. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. 6. We will pay for covered loss or damage within 30 days after we receive the sworn statement of loss, if: a. You have complied with all of the terms of this Coverage Form; and . b. (1) We have reached agreement with you on the amount of loss; or (2) An appraisal award has been made. L. MORTGAGE HOLDERS ;;;;;;;;;;;;; ~ ~ ;;;;;;;;;;;;; ... o 0- ~ -= ;;;;;;;;;;;;; - Z N- - ;;;;;;;;;;;;; N_ -- N= - C'l_ - - I""~ ;;;;;;;;;;;;; N= ~ o o N= ~ ;;;;;;;;;;;;; ~ . 1 . The term II mortgage holder" includes trustee. 2. We will pay for covered loss of or damage to buildings or structures to each mortgage holder shown in the Declarations in their order of precedence, as interests may appear. 3. The mortgage holder has the right to receive loss payment even if the mortgage holder has started foreclosure or similar action on the building or structure. 4. If we deny your claim because of your acts or because you have failed to comply with the terms of this Coverage Form, the mortgage holder will still have the right to receive loss payment if the mortgage holder: a. Pays any premium due under this Coverage Form at our request if you have failed to do so; b. Submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and c. Has notified us of any change in ownership, occupancy or substantial change in risk known to the mortgage holder. All of the terms of this coverage will then apply directly to the mortgage holder. 5. If we pay the mortgage holder 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 Form: a. The mortgage holder's rights under the mortgage will be transferred to us to the extent of the amount we pay; and b. The mortgage holder's right to recover the full amount of the mortgage holder's claim will not be impaired. SD002 (ED. 09-85) Page 13 of 16 PRINTED IN U.S.A. At our option, we may pay 10 the mortgage holder the whole principal ~n 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. If we cancel this policy, we will give written notice to the mortgage holder at least: a. 10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. If we do not renew this policy, we will give written notice to the mortgage holder at least 10 days before the expiration date of this policy. M. NO BENEFIT TO BAILEE 6. . 7. No person or organization, other than you, having custody of Covered Property will benefit from this insurance. N. OTHER INSURANCE 1. You may have other insurance subject to the same plan, terms, conditions and provIsions as the insurance under this Coverage Form. 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 Coverage Form 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 covered 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. O. POLICY PERIOD, COVERAGE TERRITORY 1. We cover loss or damage commencing: a. During the policy period shown in the Declarations; and b. Within the coverage territory. 2. The coverage territory is: a. The United States of America; b. Puerto Rico; and c. Canada. P. 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. Q. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Form 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 necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property or Covered Income. 2. After a loss to your Covered Property or Covered Income only if, at time of loss, 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. . 50002 (ED. 09-85) Page 14 of 16 PRINTED IN U.S.A. . . ~ ~ "':) ~ .. o o ~ -= - z=== ~ C'l_ C'l_ ~ -- - C'l C'l_ - 01_ C'l o o C'l= ~ . I This will not restrict your iturance. R. VACANCY If the building where loss or damage occurs has been vacant for more than 60 consecutive days before that loss or damage, we will: 1. Not pay for any loss or damage caused by any of the following even if they are Covered Causes of Loss: a. Vandalism; ~ -:t C\I 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. Reduce the amount we would otherwise pay for the loss or damage by 15%. Buildings under construction are not considered vacant. SECTION IX-DEFINITIONS A. DEFINITIONS APPLICABLE TO THE BUILDING AND BUSINESS PERSONAL PROPERTY COVERAGE FORM "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. 1. Sinkhole collapse means the sudden sinking or collapse of land into underground empty spaces created by the action of water on limestone or similar rock formations. It does not include the cost of filling sinkholes. 2. Falling objects does not include loss or damage to: a. Personal property in the open; or b. 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. 3. Water damage means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. "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. B. DEFINITIONS APPLICABLE TO MONEY AND SECURITIES COVERAGE "BANKING PREMISES" means the interior of that portion of any building which is occupied by a banking institution or similar safe depository. "EMPLOYEE" means: 1. Any natural person: a. While in your service (and for 30 days after termination of service); and b. Whom you compensate directly by salary, wages or commissions; and c. Whom you have the right to direct and control while performing services for you. 2. Any person employed by an employment contractor while that person is subject to your direction and control and performing services for you excluding, however, any such person while having care and custody of property outside the "premises". But "employee" does not mean: 1. Agents, brokers, factors, commission merchants, consignees, independent contractors or representatives of the same general character. SD002 (ED. 09-85) Page 15 of 16 PRINTED IN U.S.A. 2. Any director or trustee excLpt while performing acts coming within ttle scope of the usual duties of an "employee" . "MESSENGER" means you, any of your partners or any "employees" while having care and custody of the property outside the "premises". "MONEY" means currency, coins and bank notes in current use and having a face value. "Money" includes travelers checks, register checks and money orders held for sale to the public. "PREMISES" means the interior of that portion of any building you occupy in conducting your business. "SECURITIES" means all negotiable and non-negotiable instruments or contracts representing either "money" or other property and includes tokens, tickets, revenue and other stamps (whether represented by actual stamps or unused value in a postage or tax stamp meter) in current use, and evidences of debt issued in connection with credit or charge cards, which cards are not issued by you. "Securities" does not include "money". 50002 (ED. 09-85) Page 16 of 16 PRINTED IN U.S.A. . . . . . --- !!!!!!!!!!!e -,- iiiiiiiiiiiiii .,--- = o o --- ....= --- zE ('1- - --- ('I - - ....- --- - ('1= !!!!!!!!!!!e I')~ === ....- === 1')= === 0- ~ o = - ('1= . mil COMI'4ERCIAL GENERAL LIABILity COVERAGE FORM LIFE & CASUALlY ~ ~ C\I SECTION I-COVERAGES A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the "insured" becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION III, Supplementary Payments - Coverages A and B. This insurance applies only to "bodily injury" and "property damage" which occurs during the policy period. The "bodily injury" or "property damage" must be caused by an "occurrence". The "occurrence" must take place in the "coverage territory". We will have the right and duty to defend any "suit" seeking those damages. But: (1) The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; (2) We may investigate and settle any claim or "suit" at our discretion; and (3) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. b. 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". c. "Property damage" that is loss of use of tangible property that is not physically injured shall be deemed to occur at the time of the "occurrence" that caused it. 2. exclusions This insurance does not apply to: a. "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. "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) Assumed in a contract or agreement that is an "insured contract"; or (2) That the "insured" would have in the absence of the contract or agreement. c. "Bodily injury" or "property damage" for which any "insured" may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Any obligation of the "insured" under a workers compensation, disability benefits or unemployment compensation law or any similar law. SD003 (ED. 09-85) Page 1 of 13 PRINTED IN U.S.A. II e. "Bodily injury" to: I I (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 (1) above. . 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. This exclusion does not apply to liability assumed by the "insured" under an "insured contract". f. (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: h. (a) at or from premises you own, rent or occupy; (b) at or from any site or location used by or for you or others for the handling, storage, disposal, processing or treatment of waste; (c) which are at any time transported, handled, stored, treated, disposed of, or processed as waste by or for you or any person or organization for whom you may be legally responsible; or (d) at or from any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations: (i) if the pollutants are brought on or to the site or location in connection with such operations; or (ii) if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize the pollutants. (2) Any loss, cost or expense arising out of any governmental direction or request that you test for, monitor, cle~n up, remove, contain, treat, detoxify or neutralize pollutants. 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. g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrust- ment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any "insured". Use includes operation and "loading or unloading". This exclusion 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 contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in paragraph f.(2) or f.(3) of the definition of "mobile equipment" (SECTION V _ DEFINITIONS). "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 . . 80003 (ED. 09-85) Page 2 of 13 PRINTED IN U.S.A. . ;;;;;;;;;a !!!!!!!!!!!!! ., ;;;;;;;;;a .;;;;;;;;;a = 0- = 0=== -~ == z~ - ("1= - ;;;;;;;;;a ("1= -= - ("I C')- C')_ == C');;;;;;;;;;;;; - 0- ~ 0== - ("I !!!!!!!!!!!!! ;;;;;;;;;a !!!!!!!!!!!!! . (2) The ute of "mobile equipment" in, or while in lractice or preparation for, a prearranged racing,' speed or demolition contest or in any stun~ng activity. "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. "Property damage" to: (1) Property you own, rent, or occupy; (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 your care, custOdy or control; (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 because "your work" was incorrectly performed on it. 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 sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". k. "Property damage" to "your product" arising out of it or any part of it. I. "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. m. "Property damage" to "impaired property" or property that has not been physically injured, arising out of: " (1) A defect, deficiency, inadequacy or dangerous 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 accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, 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 person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. Exclusions c. through n. do not apply to damage by fire to premises rented to you. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement SD003 (ED. 09-85) Page 3 of 13 PRINTED IN U.S.A. a. We will pay those sims that the "insured" becomes legally obLated to pay as damages because of "personal injury" or "advertising injury" to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION III, Supplementary Payments - Coverages A and B. We will have the right and duty to . defend any "suit" seeking those damages. But: (1) The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; (2) We may investigate and settle any claim or "suit" at our discretion; and (3) Our right and duty to defend end when we have used up the applicable limits of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. b. This insurance applies to "personal injury" only if caused by an offense: (1) Committed in the "coverage territory" during the policy period; and (2) Arising out of the conduct of your business, excluding advertising, publishing, broadcasting or telecasting done by or for you. c. This insurance applies to "advertising injury" only if caused by an offense committed: (1) In the "coverage territory" during the policy period; and (2) In the course of advertising your goods, products or services. 2. Exclusions This insurance does not apply to: a. "Personal injury" or "advertising injury": (1) Arising out of oral or written publication of material, if done by or at the direction of the "insured" with knowledge of its falsity; (2) Arising out of oral or written publication of material whose first publication took place before . the beginning of the policy period; (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the "insured"; or (4) 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. b. "Advertising injury" arising out of: (1) Breach of contract, other than misappropriation of advertising ideas under an implied contract; (2) The failure of goods, products or services to conform with advertised quality or performance; (3) The wrong description of the price of goods, products or services; or (4) An offense committed by an "insured" whose business is advertising, broadcasting, publish- ing or telecasting. 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: (1) The accident takes place in the "coverage territory" and during the policy period; 80003 (ED. 09-85) Page 4 of 13 PRINTED IN U.S.A. (2) The elpenses are incurred and reported to us ihin one year of the date of the accident; and (3) The injured person submits to examination, 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 applicable limit of insurance. We will pay reasonable expenses for: (1) First aid at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. To any "insured". b. To a person hired to do work for or on behalf of any "insured" or a tenant of any "insured". c. To a person injured on that part of premises you own or rent that the person normally occupies. d. 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. To a person injured while taking part in athletics. f. Included within the "products-completed operations hazard". g. Excluded under Coverage A. h. Due to war, whether or not declared. or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. . SECTION II-WHO IS AN INSURED . ~ ~ ~ ... o 0- ~ ....= === z~ ~ N= - ~ N= ~ - .... - N = C')_ - Ift_ ~ C')_ - 0- 0- - N= - . ~ "" C\I ;;; 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 business of which you are the sole owner. b. A partnership or joint venture, you are an "insured". Your members, your partners, and their spouses are also "insureds", but only with respect to the conduct of your business. c. An organization other than a partnership or joint venture, 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 stockhol- ders. 2. Each of the following is also an "insured": a. Your employees, other than your executive officers, but only for acts within the scope of their employment by you. However, none of these employees is an "insured" for: (1) "Bodily injury" or "personal injury" to you or to a co-employee while in the course of his or her employment; or (2) "Bodily injury" or "personal injury" arising out of his or her providing or failing to provide professional health care services; or (3) "Property damage" to property owned or occupied by or rented or loaned to that employee, any of your other employees, or any of your partners or members (if you are a partnership or joint venture). b. Any person (other than your employee), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and SD003 (ED. 09-85) Page 5 of 13 PRINTED IN U.S.A. (2) Until your leg~ representative has been appointed. I d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. 3. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an "insured" while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an "insured", but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an "insured" with respect to: a. "Bodily injury" to a co-employee of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an "insured" under this provision. 4. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, will be deemed to be 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 90th 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 injury" or "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 or joint venture that is not shown as a Named Insured in the Declarations. . 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. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; and b. Damages under Coverage A and Coverage B except damages because of injury and damage included in the "products-completed operations hazard". 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of injury and damage included in the "products-completed operations hazard". 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and all "advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of anyone "occurrence". . Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you arising out of anyone fire. 6. 80003 (ED. 09-85) Page 6 of 13 PRINTED IN U.S.A. . . iiiiiiii ~ ") iiiiiiii .. o o -- iiiiiiii - Z iiiiiiii iiiiiiiiiiiiii "'- "'- iiiiiiii -= iiiiiiii - '" 1')_ - - r-.~ 1')_ - o o - "'=== - ~ . ~ CII 7. Subject to 5. abovel the Medical Expense Limit is the most wJ will pay under Coverage C for all medical expenses because ~ "bodily injury" sustained by any one pers~n. The above limits of this Coverage Form apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the 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 to be part of the last preceding period for the purposes of determining the Limits of Insurance. 8. Supplementary Payments - Coverages A and B a. We will pay, with respect to any claim or "suit" we defend: (1) All expenses we incur. (2) Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. (3) 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. (4) 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 $100 a day because of time off from work. (5) All costs taxed against the" insured" in the" suit" . (6) Pre-judgment interest awarded against the "insured" on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any pre-judgment interest based on that period of time after the offer. (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. b. These payments will not reduce the limits of insurance. 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 Form. 2. Duties In The Event Of Occurrence, Claim Or Suit a. You must see to it that we are notified promptly of an "occurrence" which may result in a claim. Notice should include: (1) How, when and where the "occurrence" took place; and (2) The names and addresses of any injured persons and witnesses. b. If a claim is made or "suit" is brought against any "insured", you must see to it that we receive prompt written notice of the claim or "suit". c. You and any other involved "insured" must: (1) Immediately send us copies of any demands, 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, settlement or defense of the claim or "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the "insured" because of injury or damage to which this insurance may also apply. d. No "insureds" will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. SD003 (ED. 09-85) Page 7 of 13 PRINTED IN U.S.A, 3. Legal Action Against Us I I No person or organization has a right under this Coverage Form: 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 Form 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" obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Form or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the "insured" and the claimant or the claimant's legal representative. 4. Motor Vehicle Laws a. When this Coverage Form is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by this Coverage Form for "bodily injury" liability or "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverages required by any motor vehicle insurance law. We will provide the required limits for those coverages. 5. Nuclear Energy Liability Exclusion Endorsement (Broad Form) This Coverage Form 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 "insured" under any such policy but for its termination upon exhaustion of its limit of liability; 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 agreement entered into by the United States of America, or any agency thereof, with any person or organization. b. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. c. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "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 fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an "insured"; or d. (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located 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. 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" . . SD003 (ED. 09-85) Page 8 of 13 PRINTED IN U.S.A. . . ;;;;;;;;;;;;; !!!!!!!!!! ~ ;;;;;;;;;;;;; .. = o o ;;;;;;;;;;;;; -= == z== ;;;;;;;;;;;;; ('0(_ ;;;;;;;;;;;;; ('0(= -= ('0(= !!!!!!!!!! 1')== m== I') == o o - ('0(= !!!!!!!!!! ;;;;;;;;;;;;; !!!!!!!!!! . ~ 'o:t C\J "SOURCE ~TERIAL", "SPECIAL NUCLEAR MATERIL", and "BY-PRODUCT MATERIAL" have the meanings given them in the Atomic Energy Act of 1 ~4 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 organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "NUCLEAR FACILITY" means: (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 processing, 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 combination 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 fissionable material. "PROPERTY DAMAGE" includes all forms of radioactive contamination of property. 6. 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 Form, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, 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 c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) That is Fire insurance for premises rented to you; or (3) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Coverage A. When this insurance is excess, we will have no duty under Coverage A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the "insured's" rights against all those other insurers. 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: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. 80003 (ED. 09-85) Page 9 of 13 PRINTED IN U.S.A. 7. We will share the 'maining loss, if any, with any other ins~nce 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 Declarations of this Coverage Form. 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. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Form to the first Named Insured, this insurance applies: 1. As if each Named Insured were the only Named Insured; and 2. Separately to each "insured" against whom claim is made or "suit" is brought. 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 Form, 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. c. . 8. 9. . SECTION V-COMMERCIAL GENERAL LIABILITY DEFINITIONS "ADVERTISING INJURY" means injury arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; b. Oral or written publication of material that violates a person's right of privacy; c. Misappropriation of advertising ideas or style of doing business; or d. Infringement of copyright, title or slogan. "AUTO" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". "BODILY INJURY" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. "COVERAGE TERRITORY" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above; or c. All parts of the world if: (1) The injury or damage arises out of: (a) Goods or products made or sold by you in the territory described in a. above; or . (b) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; and SD003 (ED. 09-85) Page 10 of 13 PRINTED IN U.S.A. . . ":I - ..--- 0- o --- ...= --- - Z!E! ('01= ('01_ ...- - ('01 ('1)_ - - --= ..~ = 0- === 0- - ('01_ = . ~ ..,. C\l (2) The "Isured's" responsibility to pay damages isJetermined in a "suit" on the merits, in the territo~ described in a. above or in a settlement e agree to. "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: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. "INSURED" means any person or organization qualifying under SECTION II - WHO IS AN INSURED. "INSURED CONTRACT" means: a. A lease of premises; b. A sidetrack agreement; c. An easement or license agreement in connection with vehicle or pedestrian private railroad crossings at grade; d. Any other easement agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; e. An indemnification of a municipality as required by ordinance, except in connection with work for a municipality; f. An elevator maintenance agreement; or g. That part of any other contract or agreement pertaining to your business under which you assume the tort liability of another to pay damages because of "bodily injury" or "property damage" to a third person or organization, if the contract or agreement is made prior to the "bodily injury" or "property damage" . Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. An "insured contract" does not include that part of any contract or agreement: a. That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (1) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; b. Under which the "insured", if an architect, engineer or surveyor, assumes liability for injury or damage arising out of the "insured's" rendering or failing to render professional services, including those listed in a. above and supervisory, inspection or engineering services; or c. That indemnifies any person or organization for damage by fire to premises rented or loaned to you. "LOADING OR UNLOADING" means the handling of property: a. After it is moved from the place where it is accepted 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, watercraft 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". "MOBILE EQUIPMENT" means any of the following types of land vehicles, including any attached machinery or equipment: SD003 (ED. 09-85) Page 11 of 13 PRINTED IN U.S.A. !'! Bulldozers, farm ma"inery, forklifts and other vehicles designeclor use principally off public roads; Vehicles maintained for use solely on or next to premises you own or rent; Vehicles that travel on crawler treads; Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, 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 a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: a. b. c. . d. (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; (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 cleaning, geophysical exploration, lighting and well servicing equipment. "OCCURRENCE" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. "PERSONAL INJURY" means injury, other than "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. Wrongful entry into, or eviction of a person from, a room, dwelling or premises that the person occupies; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; or e. Oral or written publication of material that violates a person's right of privacy. " PRODUCTS-COMPLETED OPERATIONS HAZARD" means: 80003 (ED. 09-85) . a. "Products-completed operations hazard" includes all "bodily injury" and "property damage" occur- ring 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. "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. . b. Page 12 of 13 PRINTED IN U.S.A. . . .,= iiiiiiii .... iiiiiiii === 0=== = 0- ...=: iiiiiiii - z- N~ - iiiiiiii N= ~ ...= N~ !!!!I!!!!!!!! = (")= (");;;a === ....~ o === 0=== N;;; E . ~ C\l (3) When Ithat part of the work done at a job site 11as 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. c. This hazard does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle created by the "loading or unloading" of it; (2) The existence of tools. uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification in this Coverage Form or in our manual of rules includes products or completed operations. "PROPERTY DAMAGE" means: a. Physical injury to tangible property, including all resulting loss of use of that property; or b. Loss of use of tangible property that is not physically injured. "SUIT" means a civil proceeding in which damages because of "bodily injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies are alleged. "Suit" includes an arbitration proceeding alleging such damages to which you must submit or submit with our consent. "YOUR PRODUCT" means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in a. and b. above. "Your product" does not include vending machines or other property rented to or located for the use of others but not sold. "YOUR WORK" means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. "Your work" includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in a. or b. above. 80003 (ED. 09-85) Page 13 of 13 PRINTED IN U.S.A. . ~ -::t C\/ . ~ ~- iiiiiiiiiiii ..- o 0=== = - -= z;;;;;;;;;;;;; = - N= Nfi - -= ;;;;;;;;;;;;; - N= = (")= = UJ- .. = o ~ 0=== N= - ~ . I COMMFfCIAL PROPERTY/GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PL~ASE READ IT CAREFULLY. MERCANTILE PROGRAM ENDORSEMENT A. We agree that the following amendments are part of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM when you are a mercantile, wholesale, or service risk. 1. Property described under SECTION II, B. Business Personal Property, points 1. and 2., is covered while in due course of transit within 100 miles of the described premises while: a. on any vehicle owned, rented, leased or operated by you. b. on any vehicle owned by one of your employees and operated in the course of your business. When such Business Personal Property is in due course of transit, the following Causes of Loss are specified in addition to those specified in the attached Coverage Form. Any exclusions are amended accordingly. a. Flood, meaning the rising of natural or man-made bodies of water. b. Earthquake or volcanic eruption. c. Landslide. d. Collision, derailment or overturn of a transporting conveyance. e. Stranding or sinking of vessels. f. Collapse of bridges, culverts, docks or wharves. This is not an additional amount of insurance. The most we will pay is the limit shown on the Declarations for Business Personal Property. 2. If you are a professional medical office or business and this endorsement is attached to a Coverage Form with Special Causes of Loss, SECTION II, B. Business Personal Property, is amended by the addition of the following point: 3. Your business personal property and the personal property of others in your care, custody and control consisting of: (a) Medical, surgical and dental equipment and instruments. (b) Tools, materials, supplies and scientific books. This property is covered while: (a) At any premises other than those described in the Declarations. (b) In due course of transit. Coverage under this point 3. does not apply to "money" or "securities". 3. SECTION II, Coverage Extensions, is amended as follows: a. "Property Off-Premises" is deleted and is replaced with the following: 9. Property Off-Premises a. You may apply up to 5% of the Limit of Liability for SECTION II, Business Personal Property, but not exceeding $10,000, to cover your Covered Property for direct loss in anyone occurrence caused by a Covered Cause of Loss while the Covered Property is temporarily on premises other than the described premises. b. This extension does not apply to property on any premises you own, lease, operate or control. b. The following point is added: SM001 (ED. 09-85) Page 1 of 5 PRINTED IN U.S.A. 13. conseqUenti~ Loss I a. When the Declarations indicate coverage for Business Personal Property, we cover consequential loss to your covered business personal property caused by change in temperature or humidity. However, the change must result from a Covered Cause of . Loss damaging equipment situated on the described premises. That equipment may be used for: (i) refrigerating; (ii) cooling; (iii) humidifying; (iv) air-conditioning; (v) heating; (vi) generating or converting power. This includes the connections, supply or transmission lines and pipes of the above. b. We do not cover any loss specifically excluded under the riot, civil commotion or vandalism and malicious mischief perils in this Coverage Form. c. This is not an additional amount of insurance. The most we will pay is the limit shown on the Declarations for Business Personal Property. 4. If the premises described in the Declarations is a condominium unit that you own and occupy for your business, under SECTION II, B., point 1. f. is deleted and is replaced with the following: f. Fixtures, alterations, installations or additions comprising a part of the building you own and occupy as a unit-owner. B. We agree that the following coverage is added. This additional coverage is subject to all the provisions and exclusions of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM, except the Deductible Clause. COMBINED BUSINESS INCOME AND EXTRA EXPENSE COVERAGE . A. COVERAGE We will pay for the actual loss of Business Income you sustain due to the necessary suspension of your "operations" during the "period of restoration". The suspension must be caused by direct physical loss of or damage to property at the premises described in the Declarations, including personal property in the open (or in a vehicle) within 100 feet, caused by or resulting from any Covered Cause of Loss. 1. Business Income Business Income means the: a. Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred; and b. Continuing normal operating expenses, including payroll, incurred. 2. Covered Causes of Loss See Covered Causes of Loss in the BUILDING AND PERSONAL PROPERTY COVERAGE FORM. Additional Coverages a. Extra Expense Extra Expense means necessary expenses you incur during the "period of restoration" that you would not have incurred if there had been no direct physical loss or damage to property caused by or resulting from a Covered Cause of Loss. (1) We will pay any Extra Expense to avoid or minimize the suspension of business and to continue "operations": 3. (a) At the described premises; or (b) At replacement premises or at temporary locations, including: . SM001 (ED. 09-85) Page 2 of 5 PRINTED IN U.S.A. . . iiiiiiii ~ ., iiiiiiii ... o o iiiiiiii -= iiiiiiii Z;;;;; iiiiiiii N= - iiiiiiii N= - - -- - N= = ('1)- - ....== ... o 0- - N ~ iiiiiiii ~ . ~ ~ C\I I Relocation expenses; and I Costs to equip and operate the replacement or temporary locations. (2) We will pay any Extra Expense to minimize the suspension of business if you cannot continue "operations". (i) (ii) (3) We will pay any Extra Expense to: (a) Repair or replace any property; or (b) Research, replace or restore the lost information on damaged valuable papers and records; to the extent it reduces the amount of loss that otherwise would have been payable under this Combined Business Income and Extra Expense Coverage. b. Civil Authority We will pay for the actual loss of Business Income you sustain and necessary Extra Expense caused by action of civil authority that prohibits access to the described premises due to direct physical loss of or damage to property, other than at the described premises, caused by or resulting from any Covered Cause of Loss. This coverage will apply for a period of up to two consecutive weeks from the date of that action. c. Alterations and New Buildings We will pay for the actual loss of Business Income you sustain due to direct physical loss or damage at the described premises caused by or resulting from any Covered Cause of Loss to: B. (1) New buildings or structures, whether complete or under construction; (2) Alterations or additions to existing buildings or structures; and (3) Machinery, equipment, supplies or building materials located on or within 100 feet of the described premises and: (a) Used in the construction, alterations or additions; or (b) Incidental to the occupancy of new buildings. If such direct physical loss or damage delays the start of "operations", the "period of restoration" will begin on the date "operations" would have begun if the direct physical loss or damage had not occurred. d. Extended Business Income We will pay for the actual loss of Business Income you incur during the periOd that: (1) Begins on the date property (except "finished stock") is actually repaired, rebuilt or replaced and "operations" are resumed; and (2) Ends on the earlier of: (a) The date you could restore your business, with reasonable speed, to the condition that would have existed if no direct physical loss or damage occurred; or (b) 30 consecutive days after the date determined in (1) above. Loss of Business Income must be caused by direct physical loss or damage at the described premises caused by or resulting from any Covered Cause of Loss. EXCLUSIONS In addition to the Exclusions in the BUILDING AND PERSONAL PROPERTY COVERAGE FORM, the following applies to this coverage: We will not pay for: 1. Any loss caused by or resulting from: SM001 (ED. 09-85) Page 3 of 5 PRINTED IN U.S.A. a. Damage or deJtruction of "finished stock"; or I 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 loss or damage to radio or television antennas, . including their lead-in wiring, masts or towers. 3. 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". 4. Any Extra Expense caused by or resulting from suspension, lapse or cancellation of any license, lease or contract beyond the "period of restoration". 5. Any other consequential loss. C. LOSS CONDITIONS The following apply in addition to the COMMON POLICY CONDITIONS and the Conditions in the BUILDING AND PERSONAL PROPERTY COVERAGE FORM. 1. In the event of loss under this coverage, you must resume all or part of your "operations" as quickly as possible. 2. Limitation - Electronic Media and Records We will not pay for any loss of Business Income caused by direct physical loss of or damage to Electronic Media and Records after the longer of: a. 60 consecutive days from the date of direct physical loss or damage; or . b. The period, beginning with the date of direct physical loss or damage, necessary to repair, rebuild or replace, with reasonable speed and similar quality, other property at the described premises due to loss or damage caused by the same occurrence. Electronic Media and Records are: (1) Electronic data processing, recording or storage media such as films, tapes, discs, drums or cells; (2) Data stored on such media; or (3) Programming records used for electronic data processing or electronically controlled equipment. This limitation does not apply to Extra Expense. Example: A Covered Cause of Loss damages a computer on June 1. It takes until September 1 to replace the computer, and until October 1 to restore the data that was lost when the damage occurred. We will only pay for the Business Income loss sustained during the period June 1 - September 1. Loss during the period September 2 - October 1 is not covered. 3. Loss Determination a. The amount of Business Income loss will be determined based on: (1) The Net Income of the business before the direct physical loss or damage occurred; (2) The likely Net Income of the business if no loss or damage occurred; . (3) The operating expenses, including payroll expenses, necessary to resume "operations" with the same quality of service that existed just before the direct physical loss or damage; and SM001 (ED. 09-85) Page 4 of 5 PRINTED IN U.S.A. . ~ ~ C\I . ~ ~ J_ . 0- 0== aiiiiiii ...= ~ - z~ N~ !!ll! N= - ~ ...= ~ N== ~ C'l_ - CI) . oEiii 0- = N== ~ ~ ~ . (4) Fther relevant sources of information, inctuling: (a) Your financial records and accounting procedures; (b) Bills, invoices and other vouchers; and (c) Deeds, liens or contracts. b. The amount of Extra Expense will be determined based on: (1) All expenses that exceed the normal operating expenses that would have been incurred by "operations" during the "period of restoration", if no direct physical loss or damage had occurred. We will deduct from the total of such expenses: (a) The salvage value that remains of any property bought for temporary use during the "period of restoration", once "operations" are resumed; and (b) Any Extra Expense that is paid for by other insurance, except for insurance that is written subject to the same plan, terms, conditions and provisions as this insurance; and (2) All necessary expenses that reduce the Business Income loss that otherwise would have been incurred. 4. Loss Payment We will pay for covered loss within 30 days after we receive sworn statement of loss if: a. You have complied with all of the terms of this Coverage Form; and b. (1) We have reached agreement with you on the amount of loss; or (2) An appraisal award has been made. 5. Resumption of Operations We will reduce the amount of your: a. Business Income loss, other than Extra Expense, to the extent you can resume your "operations", in whole or in part, by using damaged or undamaged property (including merchandise or "stock") at the described premises or elsewhere. b. Extra Expense loss to the extent you can return "operations" to normal and discontinue such Extra Expense. D. DEFINITIONS In addition to definitions applicable to the BUILDING AND PERSONAL PROPERTY COVERAGE FORM, the following apply: "FINISHED STOCK" means "stock" you have manufactured. "Finished stock" also includes whiskey and alcoholic products being aged, unless there is a Coinsurance percentage shown for Business Income in the Declarations. "Finished stock" does not include "stock" you have manufactured that is held for sale on the premises of any retail outlet insured under this coverage. "OPERATIONS" means the type of your business activities occurring at the described premises. "PERIOD OF RESTORATION" means the period of time, (not exceeding 8 months if this endorsement is attached to a Coverage Form with Broad Causes of Loss or 12 months if this endorsement is attached to a Coverage Form with Special Causes of Loss) that: 1. Begins with the date of direct physical loss or damage caused by or resulting from any Covered Cause of Loss at the described premises; and 2. Ends on the date when the property at the described premises should be repaired, rebuilt or replaced with reasonable speed and similar quality. "Period of restoration" does not include any increased period required due to the enforcement of any law that regulates the construction, use or repair, or requires the tearing down of any property. The expiration date of this policy will not cut short the "period of restoration". SM001 (ED. 09-85) Page 5 of 5 PRINTED IN U.S.A, . . --- !e!!!!!! ":I --- .--- 0- 0- -- --- z~ C'o/~ - C'o/ - - --- C'o/== !e!!!!!! (1)_ - - -= 11I= 0== 0- - C'o/ - . ~ ..,. C\l II COMMERCIAL PROPERTY THIS ENDORSI:MENT CHANGI:S THE POLICY. PLE'ASE READ IT CAREFULLY CHANGES-POLLUTANTS This endorsement modifies insurance provided under the following: PROPERTY AND LIABILITY COVERAGE PART A. The changes below apply to the following forms: BUILDING AND PERSONAL PROPERTY COVERAGE FORM 1. Under PROPERTY NOT COVERED, the following is added: Covered Property does not include water. 2. The DEBRIS REMOVAL COVERAGE EXTENSION is replaced by the following: Debris Removal a. We will pay your expense to remove debris of Covered Property caused by or resulting 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 earlier of: (1) The date of direct physical loss or damage; or (2) The end of the policy period. b. The most we will pay under this COVERAGE EXTENSION is 25% of: (1) The amount we pay for the direct loss or damage; plus (2) The deductible in this policy applicable to that loss or damage. But this limitation does not apply to any additional debris removal limit provided in the Limits of Insurance section. c. This COVERAGE EXTENSION does not apply to costs to: (1) Extract "pollutants" from land or water; or (2) Remove, restore or replace polluted land or water. 3. The following Additional Coverage is added: Pollutant Clean Up and Removal We will pay your expense to extract "pollutants" from land or water at the described premises if the release, discharge or dispersal 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 earlier of: a. The date of direct physical loss or damage; or b. The end of the policy period. The most we will pay for each location under this Additional Coverage is $10,000 for the sum of all such expenses arising out of Covered Causes of Loss occurring during each separate 12 month period of this policy. This limit is in addition to the Limits of Insurance. 4. Paragraph 3b. of SECTION VI-LIMITS OF INSURANCE is replaced by the following: 3b. Debris Removal; but if: (1) The sum of loss or damage and debris removal expense exceeds the Limit of Insurance; or (2) The debris removal expense exceeds the amount payable under the 25% Debris Removal coverage limitation in paragraph 2.b above; 80020 (ED. 07-87) Page 1 of 2 PRINTED IN U.S.A. we will pay up to al additional $5,000 for each location in anj one occurrence under the Debris Removal Extension. 5. The following DEFINITION is added: "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, . soot, fumes, acids, alkalis, chemicals or waste. Waste includes materials to be recycled, reconditioned or reclaimed. B. The PERIOD OF RESTORATION and PERIOD OF UNTENANTABILITY definitions are revised to include the following in the: COMBINED RENTAL INCOME AND EXTRA EXPENSE COVERAGE FORM MERCANTILE PROGRAM ENDORSEMENT OFFICE PROGRAM ENDORSEMENT "Period of restoration" and "Period of Untenantability" do not include any increased period required due to the enforcement of any law that: (1) Regulates the construction, use or repair, or requires the tearing down of any property; or (2) Regulates the prevention, control, repair, clean-up or restoration of environmental damage. C. The SPECIAL BUILDING AND PERSONAL PROPERTY COVERAGE FORM is revised as follows: 1. The exclusion of, "Release, discharge or dispersal of contaminants or pollutants" in SECTION IV paragraph 2.d. (4) is deleted. 2. The following Exclusion is added: We will not pay for loss or damage caused by or resulting from the release, discharge or dispersal of "pollutants" unless the release, discharge or dispersal is itself caused by any of the "specified causes of loss". But if loss or damage by the "specified causes of loss" results, we will pay for the resulting damage caused by the "specified cause of loss". . . 50020 (ED. 07-87) Page 2 of 2 PRINTED IN U.S.A. . . ~ ~ ~ - .. ~ o o ~ ...= ~ z~ ii&iii N:::::;: N_ ~ ...= - N= M_ - M_ an ~ 0== o = - N= - . I J COMMERCIAL GENERAL LIABILITY THIS E:NDORSEMENT CHANGE:S THE POLICY. PL ASE: READ IT CAREFULLY. ADDITIONAL INSURED (STATE OR POLITICAL SUBDIVISIONS-PERMITS RELATING TO PREMISES) ~ ~ C\I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured any state or political subdivision shown in the Schedule, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: 1. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or 2. The construction, erection, or removal of elevators; or 3. The ownership, maintenance, or use of any elevators covered by this insurance. SCHEDULE STATE OR POLITICAL SUBDIVISION: CITY OF CLEARWATER CG2013 (ED. 11-85) PRINTED IN U.S.A. . . - ~ j ~ '"" o 0- - ....= ~ - z== ~ ",= - ~ ",= = ....- ",= = ('1)_ - U'I_ ~ U'I_ - 0- 0- - '" ~ ~ . I 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLE!ASE READ IT CAREFULLY. AMENDMENT OF POLLUTION EXCLUSION ~ '<:t C\I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to exclusion f. of COVERAGE A (Section I): Subparagraphs (a) and (d) (i) of paragraph (1) of this exclusion do not apply to "bodily injury" or "property damage" caused by heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. CG0041 (ED. 05-86) PRINTED IN U.S.A. . . ~ ~ .., .,. o o ~ ...= ~ z- ~ N_ ~ N_ ~ ...= - N C"l_ - ""'- UJ_ - o o N . THIS ENDORSEMENT) CHANGES THE POLICY. PLlrSE FLORIDA CHANGES READ IT CAREFULLY. ~ -.:t C\J This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESSOWNERS POLICY COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART A. Paragraph 2. of the CANCELLATION Common Policy Condition is replaced by the following: 2. a. CANCELLATION FOR POLICIES IN EFFECT 90 DAYS OR LESS If this policy has been in effect for 90 days or less, we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation, accompanied by the reasons for cancellation, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium. (2) 20 days before the effective date of cancellation if we cancel for any other reason, except we may cancel immediately if there has been: (a) A material misstatement or misrepresentation; or (b) A failure to comply with underwriting requirements established by the insurer. b. CANCELLATION FOR POLICIES IN EFFECT 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) There has been a failure to comply with underwriting requirements within 90 days of the effective date of coverage; (4) There has been a substantial change in the risk covered by the policy; or (5) The cancellation is for all insureds under such policies for a given class of insureds. If we cancel this policy for any of these reasons, we will mail or deliver to the first Named Insured written notice of cancellation, accompanied by the reasons for cancellation, at least: (a) 10 days before the effective date of cancellation if cancellation is for the reason stated in b.(1) above; or (b) 45 days before the effective date of cancellation if cancellation is for the reasons stated in b.(2), (3), (4) or (5) above. B. The following is added: NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver to the first Named Insured written notice of nonrenewal, accompanied by the reason for nonrenewal, at least 45 days prior to the expiration of this policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured's last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. IL0255 (ED. 11-86) Page of 1 of 2 PRINTED IN U.S.A. C. The following replaces the secondLaragraPh of the Legal Action Against Us c1mdition: LEGAL ACTION AGAINST US Legal action against us involving direct physical loss or damage to property must be brought within 5 years from . the date the loss occurs. . . IL0255 (ED. 11-86) Page 2 of 2 PRINTED IN U.S.A. . . .., ;;;;;;;;;;; .. o o ;;;;;;;;;;; -= ;;;;;;;;;;; - z;;;;;;;;;;; - N_ ;;;;;;;;;;; N_ ;;;;;;;;;;; -= ;;;;;;;;;;; N= = ('1)_ - ..=== ~ 11I- - o o - N . I COMMEfCIAL PROPERTY/GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PL~ASE READ IT CAREFULLY. FLORIDA AMENDATORY ENDORSEMENT ~ "'" C\I This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. Under the BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION VII - Deductible Clause is amended as follows: We will not pay for loss or damage to Covered Property caused by or resulting from Windstorm or Hail until the amount of loss or damage exceeds the applicable Deductible below. We will then pay the amount of loss or damage in excess of the Deductible up to the applicable Limit of Insurance shown in the Declarations. a. The following applies to all properties located east of the west bank of the Inter-Coastal Waterway in Broward, Indian River, Martin, Palm Beach and S1. Lucie Counties. 1 % Deductible Clause (i) 1 % of the policy limit of the Covered Property up to $2,000,000; plus (ii) 0.8% of the policy limit of the Covered Property in excess of $2,000,000 up to $4,000,000; plus (iii) 0.6% of the policy limit of the Covered Property in excess of $4,000,000 up to $6,000,000; plus (iv) 0.4% of the policy limit of the Covered Property in excess of $6,000,000 up to $8,000,000; plus (v) 0.2% of the policy limit of the Covered Property in excess of $8,000,000 up to $10,000,000. But this Deductible will not be less than $250, or more than $60,000. b. The following applies to all properties located east of the west bank of the Inter-Coastal Waterway in Dade County and all properties located in Monroe County. 2% Deductible Clause (i) 2% of the policy limit of Covered Property up to $2,000,000; plus (ii) 1.6% of the policy limit of the Covered Property in excess of $2,000,000 up to $4,000,000; plus (iii) 1.2% of the policy limit of the Covered Property in excess of $4,000,000 up to $6,000,000; plus (iv) 0.8% of the policy limit of the Covered Property in excess of $6,000,000 up to $8,000,000; plus (v) 0.4% of the policy limit of the Covered Property in excess of $8,000,000 up to $10,000,000. But this Deductible will not be less than $1,000, or more than $120,000. c. The Windstorm or Hail Deductible Clauses above apply separately to: (i) Each building, if two or more buildings are covered. (ii) The building and personal property, if the building and its personal property are both covered. (iii) Personal property at each building, if personal property of two or more buildings are covered. (iv) Personal property in the open. (v) All screening and supports, except window and door screens, if the Covered Property is located in Monroe County. 2. Under the BUILDING AND PERSONAL PROPERTY COVERAGE FORM, the following is added: If loss or damage to Covered Property is caused by or results from Windstorm, the following exclusion applies in: a. Broward County; SE007 (ED. 09-85) Page 1 of 2 PRINTED IN U.S.A. b. Dade County; I I c. Martin County; d. Monroe County; e. Palm Beach County; and . f. All the areas east of the west bank of the Inter-Coastal Waterway in the Counties of Indian River, and S1. Lucie. WINDSTORM EXTERIOR PAINT AND WATERPROOFING EXCLUSION We will not pay for loss or damage to: a. Paint; or b. Waterproofing material; applied to the exterior of Buildings. We will not include the value of paint or waterproofing material to determine: a. The amount of the Windstorm or Hail Deductible; or b. The value of Covered Property. 3. If you are a commercial condominium unit-owner: a. SECTION II. B. 1.f. under the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is amended to read as follows: f. Fixtures, alterations, installations, or additions comprising a part of the building you own and occupy as a unit-owner. This includes floor coverings, wall coverings and ceiling coverings within individual units. The following condition is added to SECTION VIII - Commercial Property Conditions under the BUILDING AND PERSONAL PROPERTY COVERAGE FORM: S. WAIVER OF RIGHTS OF RECOVERY b. . We waive our rights to recover payment from your Condominium Association. 4. Under the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, the following condition is added to SECTION IV - Conditions: WHEN WE DO NOT RENEW If we decide not to renew this Coverage Form, we will mail or deliver to the first Named Insured shown on 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. All other provisions of this Policy still apply. This endorsement forms a part of the Policy to which it is attached. . SE007 (ED. 09-85) Page 2 of 2 PRINTED IN U.S.A. . . .., ;;;;;;;;;;;;;; ... o o ....- z- ;;;;;;;;;;;;;; ('1_ ('1_ ;;;;;;;;;;;;;; ....- - ('I M_ - .... CD o o ('1= !!!!!!!!!!! ;;;;;;;;;;;;;; !!!!!!!!!!! . I I COMMERCIAL PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PL~ASE READ IT CAREFULLY. COMMERCIAL PROPERTY CONDITIONS-AMENDATORY ENDORSEMENT ~ ~ C\l This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM Commercial Property Condition C. COMMERCIAL PROPERTY CANCELLATION does not apply. SE027 (ED. 01-88) PRINTED IN U.S.A. . . ") --- ... o o --- ....= --- - z== --- c-._ --- c-._ --- ....= --- c-.= = C')_ C')_ !!!!!!!!!! UI o o c-.= !!!!!!!!!! --- !!!!!!!!!! . i I COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT' CHANGES THE POLICY. PLE!ASE READ IT CAREFULLY. FLORIDA CHANGES ~ ~ C\I 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 A. Paragraph 2. of the CANCELLATION Common Policy Condition is replaced by the following: 2. a. CANCELLATION FOR POLICIES IN EFFECT 90 DAYS OR LESS b. If this policy has been in effect for 90 days or less, we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation, accompanied by the reasons for cancellation, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium. (2) 20 days before the effective date of cancellation if we cancel for any other reason, except we may cancel immediately if there has been: (a) A material misstatement or misrepresentation; or (b) A failure to comply with underwriting requirements established by the insurer. CANCELLATION FOR POLICIES IN EFFECT 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) There has been a failure to comply with underwriting requirements within 90 days of the effective date of coverage; (4) There has been a substantial change in the risk covered by the policy; or (5) The cancellation is for all insureds under such policies for a given class of insureds. If we cancel this policy for any of these reasons, we will mail or deliver to the first Named Insured written notice of cancellation, accompanied by the reasons for cancellation, at least: (a) 10 days before the effective date of cancellation if cancellation is for the reason stated in b.(1) above; or (b) 45 days before the effective date of cancellation if cancellation is for the reasons stated in b.(2), (3), (4) or (5) above. B. The following is added and supersedes any other provision to the contrary: NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver to the first Named Insured written notice of nonrenewal, accompanied by the reason for nonrenewal, at least 45 days prior to the expiration of this policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured's last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. CG0220 (ED. 11-86) PRINTED IN U.S.A.