Form SS 83 13 01 97

IMPORTANT NOTICE TO OUR POLICYHOLDERS

ENCLOSED IS YOUR SPECTRUM POLICY FROM THE HARTFORD. WE ARE PROVIDING YOU WITH A

COMPLETE SET OF POLICY FORMS, NOTICES AND BROCHURES. IN THE INTEREST OF PAPER

CONSERVATION AND TO REDUCE EXPENSES, AT RENEWAL OF THIS POLICY WE WILL BE PROVIDING

YOU ONLY WITH THOSE DOCUMENTS WHICH HAVE CHANGED FROM THOSE NOW BEING PROVIDED.

YOU _____________________________________________________________ SHOULD RETAIN ALL OF THESE DOCUMENTS INDEFINITELY__SO THAT YOU WILL HAVE A

COMPLETE SET OF POLICY FORMS AT ALL TIMES FOR YOUR REFERENCE.

IF YOU HAVE QUESTIONS, OR IF AT ANY TIME YOU NEED COPIES OF ANY OF THE FORMS LISTED ON

YOUR POLICY, PLEASE CALL YOUR HARTFORD AGENT OR BROKER, OR THE OFFICE OF THE

HARTFORD IDENTIFIED ON YOUR POLICY, AS APPROPRIATE.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 1 of 157
65 SBA AB0169

(866) 467-8730

THANK YOU. YOUR NEW

POLICY IS ENCLOSED.

Policy Number:

Source Code: WCOV-100

Dear New Policyholder:

Your agent and The Hartford thank you for placing your insurance with us. Your new policy along with a complete

set of supportive information is enclosed. We ask you to please review and retain these documents in accordance

with the important notice that directly follows this letter.

We're ready to serve you.

Questions, changes or information?

As a convenience, our customer service team is available to serve you. If you require any assistance with your

policy including certificates of insurance, coverages or billing, please contact us at the Select Customer Service

Center at The Hartford. Our Business Insurance Professionals want to help and it's easy. Simply, call toll free

any weekday from 7 A.M. - 7 P.M. CST to talk to our customer service team, or to use our

automated billing system, which is available 24 hours a day. In addition, a 24-hour TeleClaim hotline is also

available for you to use any day, toll free at (800) 327-3636.

You can be confident you made the right decision.

As a leading insurance provider, The Hartford has served businesses like yours for nearly 200 years. We've

learned that listening to valued customers like you is essential to our continued success. And, it is our goal to

provide the insurance products and service you need to protect your assets and maintain your financial stability.

You can count on us.

We look forward to servicing your business insurance needs in the coming year.

Sincerely,

Your Customer Service Team

at The Hartford

The Hartford - Service Center

P.S. Need additional policy information or have a question or a claim? Remember, it's easy to get the answers.

Contact our customer service center or 24-hour claims hotline.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 2 of 157
Form 100722 11th Rev. Printed in U.S.A.

Insurance Policy Billing Information

Thank you for selecting The Hartford for your business insurance needs.

Shortly, you will receive your first bill from us. You are receiving this Notice so you know

what to expect as a valued customer of The Hartford. Should you have any questions after

reviewing this information, please contact us at 866-467-8730, and we will be happy to

assist you.

o Your total policy premium will appear on your policy’s Declarations Page. You will be billed based on the payment

plan you selected.

o You may pay the "minimum due" as it appears on your insurance bill or pay the policy balance in full.

o An installment service fee is added to each installment. A late fee will also be applied if the "minimum due" is not

received by the due date shown on your bill. Service and late payment fees do not apply in all states.

o If you selected installment billing, any credit or additional premium due as the result of a change made to your

policy, will be spread over the remaining billing installments. Additional premium due as a result of an audit will be

billed in full on your next bill date following the completion of the audit.

o If you elected Electronic Funds Transfer (EFT), policy changes may result in changes to the amount automatically

withdrawn from your bank account. The invoice you receive following a policy change will include future withdrawal

amounts. If you need to adjust or stop your next scheduled EFT withdrawal, please contact us at least 3 days

prior to the scheduled withdrawal date at the telephone number shown below.

o If you selected installment billing and pay the premiums for your first policy term on time, at renewal, your account

may qualify for our "Equal Installment" feature. This means that the percentage due for each installment, including

the initial renewal installment, will be the same throughout the policy term – helping you better manage cash flow.

Equal installments will continue as long as you pay your premiums on time and no cancellation notices are issued

for any policy on your account. If you no longer qualify for Equal Installments, future renewals will be billed based

on the payment plan you selected, which includes a higher initial installment amount.

o If your policy is eligible for renewal, your bill for the upcoming policy term will be sent to you approximately 30 days

prior to your policy’s renewal date. If your insurance needs change, please contact us at least 60 days prior to your

renewal date so we can properly address any adjustments needed.

o One bill convenience -- you have the option of combining all eligible Hartford policies on one single bill allowing

you to make one payment for all policies on your account as payments are due.

You’re In Control

In addition to selecting a bill plan option that best meets your budget, you have the flexibility to decide how your

payments are made ...

o Repetitive EFT: Sign up for Repetitive EFT payments and have payments automatically withdrawn from your bank

account. This option saves you money by reducing the amount of the installment service fee.

o Pay Online: Register at www.thehartford.com/servicecenter. Online Bill Pay is Quick, Easy and Secure!

o Pay by Check: Send a check with your remittance stub in the envelope provided with your bill.

o Pay by Phone: Call toll-free 1-866-467-8730.

Should you have any questions about your bill, please call Customer Service toll-free number:

1-866-467-8730 - 7AM – 7PM CST. We look forward to being of service to you.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 3 of 157
TEXAS NOTICE

Please be advised that this notice applies to the Employment Practices Liability Coverage Part.

Form SS 89 32 09 18 Page 1 of 1

© 2018, The Hartford

IMPORTANT NOTICE

To obtain information or make a complaint:

You may contact your agent.

You may call The Hartford Insurance Group for

information or to make a complaint at:

1-860-547-5000 (Information)

1-800-451-6944 (Complaints)

You may also write to The Hartford:

The Hartford

Hartford Financial Products

277 Park Avenue, 15th Floor

New York, New York 10172

1-212-277-0400

You may contact the Texas Department of Insurance

to obtain information on companies, coverages, rights

or complaints at:

1-800-252-3439

You may write the Texas Department of Insurance

P.O. Box 149104

Austin, TX 78714-9104

Fax Number: (512) 490-1007

Web: http://www.tdi.texas.gov

E-mail: ConsumerProtection@tdi.texas.gov

PREMIUM OR CLAIMS DISPUTES:

Should you have a dispute concerning your

premium or about a claim you should contact the

agent first. If the dispute is not resolved, you may

contact the Texas Department of Insurance.

ATTACH THIS NOTICE TO YOUR POLICY:

This notice is for your information only and does

not become a part or condition of the attached

document.

AVISO IMPORTANTE

Para obtener informacion o para someter una queja.

Puede comunicarse con su agente.

Usted puede llamar The Hartford Insurance Group

para informacion o para someter una queja al:

1-860-547-5000 (Informacion)

1-800-451-6944 (Quejas)

Usted tambien puede escribir a The Hartford.

The Hartford

Hartford Financial Products

277 Park Avenue, 15th Floor

New York, New York 10172

1-212-277-0400

Puede comunicarse con el Departamento de Seguros

de Texas para obtener informacion acerca de

compañías, coberturas, derechos o quejas al:

1-800-252-3439

Puede escribir al Departamento de Seguros de Texas

P.O. Box 149104

Austin, TX 78714-9104

Fax Number: (512) 490-1007

Web: http://www.tdi.texas.gov

E-mail: ConsumerProtection@tdi.texas.gov

DISPUTAS SOBRE PRIMAS O RECLAMOS:

Si tiene una disputa concerniente a su prima o a

un reclamo, debe comunicarse con su agente

primero. Si no se resuelve la disputa, puede

entonces comunicarse con el departamento (TDI).

UNA ESTE AVISO A SU POLIZA:

Este aviso es solo para proposito de informacion y

no se convierte en parte o condicion del documento

adjunto.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 4 of 157
Form SS 89 93 07 16 Page 1 of 1

© 2016, The Hartford

IMPORTANT NOTICE TO POLICYHOLDERS

THE HARTFORD CYBER CENTER WEBSITE ACCESS

Thank you for choosing The Hartford for your business insurance needs.

You are receiving this Notice because you purchased a business owner's policy from The Hartford, (your Policy

was issued by The Hartford writing company identified on your policy Declarations page) which includes access to

The Hartford Cyber Center. This portal was created because we recognize that businesses face a variety of

cyber-related exposures and need help managing the related risks. These exposures include data breaches,

computer virus attacks and cyber extortion threats.

Through The Hartford Cyber Center, you have access to:

o A panel of third party incident response service providers

o Third party cybersecurity pre-incident service providers and a list of approved services to help protect

your business before a cyber-threat occurs

o Risk management tools, including self-assessments, best practice guides, templates, sample incident

response plans, and data breach cost calculators

o White papers, blogs and webinars from leading privacy and security practitioners

o Up-to-date cyber-related news and events, including examples of privacy and security related events

Accessing The Hartford Cyber Center is easy

1. Visit www.thehartford.com/cybercenter

2. Enter policyholder information

3. Access code: 952689

4. Login to The Hartford Cyber Center

This Notice does not amend or otherwise affect the provisions of your business owner's policy.

Coverage Options:

The Hartford offers a variety of endorsements to your business owner's policy that can help protect your business

from a broad range of cyber-related threats. Please review your coverage with your insurance agent or broker to

determine the most appropriate cyber coverages and limits for your business.

Claims Reporting:

If you have a claim, you can report it by calling The Hartford's toll-free claims line at 1-800-327-3636.

Should you have any questions, please contact your insurance agent, broker or you may contact us directly.

We appreciate your business and look forward to being of continued service to you.

Please be aware that:

o The Hartford Cyber Center is a proprietary web portal exclusively provided to customers of The Hartford.

Please do not share the access code with anyone outside your organization.

o Registration is required to access the Cyber Center. You may register as many users as necessary.

o Contacting a service provider about any issue does not constitute providing The Hartford notice of a claim

as required under your insurance policy. Read your insurance policy and discuss any questions with your

agent or broker.

The Hartford Cyber Center provides third party service provider references and materials for educational

purposes only. The Hartford does not specifically endorse any such service provider within The Hartford Cyber

Center and hereby disclaims all liability with respect to use of or reliance on such service providers. All service

providers are independent contractors and not agents of The Hartford. The Hartford does not warrant the

performance of the service providers, even if such services are covered under your Business Owners Policy. We

strongly encourage you to conduct your own assessments of the service providers' services and the fitness or

adequacy of such services for your particular needs.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 5 of 157
Form SS 00 01 03 14 Page 1 of 1

®

Business Owner’s Policy

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 6 of 157
Form G-3418-0

PRODUCER COMPENSATION NOTICE

You can review and obtain information on The Hartford’s producer compensation practices at

www.TheHartford.com or at 1-800-592-5717.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 7 of 157
Form SS 38 39 03 06 Page 1 of 1

© 2006, The Hartford

IMPORTANT NOTICE TO POLICYHOLDER –

ASBESTOS HAZARD EXCLUSION- TEXAS

The provisions of the attached policy contain an Asbestos Hazard Exclusion that applies to both

the Business Liability Coverage Form and Umbrella Policy Provisions. The Asbestos Hazard

Exlcusion eliminates coverage for any injury or damage arising out of asbestos.

Please review your policy and contact your agent, broker or representative if you have any

questions. Thank you for choosing The Hartford as your insurer.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 8 of 157
65 SBA AB0169

$24.00

POLICY NUMBER:

THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN

RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK

INSURANCE ACT.

Form SS 83 76 01 15 Page 1 of 2

© 2015 , The Hartford

(Includes copyrighted material of the Insurance Services Office, Inc., with its permission.)

DISCLOSURE PURSUANT TO TERRORISM RISK

INSURANCE ACT

SCHEDULE

Terrorism Premium:

$

A. Disclosure Of Premium

In accordance with the federal Terrorism Risk

Insurance Act, as amended (TRIA), we are required

to provide you with a notice disclosing the portion of

your premium, if any, attributable to coverage for

"certified acts of terrorism" under TRIA. The portion

of your premium attributable to such coverage is

shown in the Schedule of this endorsement.

B. The following definition is added with respect to the

provisions of this endorsement:

1. A "certified act of terrorism" means an act that is

certified by the Secretary of the Treasury, in

accordance with the provisions of TRIA, to be

an act of terrorism under TRIA. The criteria

contained in TRIA for a "certified act of

terrorism" include the following:

a. The act results in insured losses in excess

of $5 million in the aggregate, attributable to

all types of insurance subject to TRIA; and

b. The act results in damage within the United

States, or outside the United States in the

case of certain air carriers or vessels or the

premises of an United States mission; and

c. The act is a violent act or an act that is

dangerous to human life, property or

infrastructure and is committed by an

individual or individuals as part of an effort

to coerce the civilian population of the

United States or to influence the policy or

affect the conduct of the United States

Government by coercion

C. Disclosure Of Federal Share Of Terrorism

Losses

The United States Department of the Treasury will

reimburse insurers for a portion of insured losses,

as indicated in the table below, attributable to

"certified acts of terrorism" under TRIA that exceeds

the applicable insurer deductible:

Calendar Year Federal Share of

Terrorism Losses

2015 85%

2016 84%

2017 83%

2018 82%

2019 81%

2020 or later 80%

However, if aggregate industry insured losses under

TRIA exceed $100 billion in a calendar year, the

Treasury shall not make any payment for any

portion of the amount of such losses that exceeds

$100 billion. The United States government has not

charged any premium for their participation in

covering terrorism losses.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 9 of 157
Form SS 83 76 01 15 Page 2 of 2

D. Cap On Insurer Liability for Terrorism Losses

If aggregate industry insured losses attributable to

"certified acts of terrorism" under TRIA exceed $100

billion in a calendar year and we have met, or will

meet, our insurer deductible under TRIA, we shall

not be liable for the payment of any portion of the

amount of such losses that exceed $100 billion. In

such case, your coverage for terrorism losses may

be reduced on a pro-rata basis in accordance with

procedures established by the Treasury, based on

its estimates of aggregate industry losses and our

estimate that we will exceed our insurer deductible.

In accordance with the Treasury's procedures,

amounts paid for losses may be subject to further

adjustments based on differences between actual

losses and estimates.

E. Application of Other Exclusions

The terms and limitations of any terrorism exclusion,

the inapplicability or omission of a terrorism

exclusion, or the inclusion of terrorism coverage, do

not serve to create coverage for any loss which

would otherwise be excluded under this Coverage

Form, Coverage Part or Policy.

F. All other terms and conditions remain the same.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 10 of 157
SS 88 96 07 13 Page 1 of 1

© 2013, The Hartford

(Includes copyrighted material of Insurance Services Office, Inc., with its permission)

IMPORTANT NOTICE TO TEXAS POLICYHOLDERS

TEXAS PERIOD TO FILE A CLAIM OR BRING

LEGAL ACTION AGAINST US NOTICE -

WINDSTORM OR HAIL - CATASTROPHE AREA

Thank you for trusting The Hartford with your Business Insurance needs. We want to inform you that the time

period that you can file a claim or file a legal action against us has changed. In accordance with Texas Insurance

Code Section 2301.010(f), we are notifying you that:

1. With respect to loss or damage in the State of Texas caused by windstorm or hail in the catastrophe area,

as defined by the Texas Insurance Code, any claim must be filed with us not later than one year after the

date of the loss or damage that is the subject of the claim, except that a claim may be filed after the first

anniversary of the date of the loss or damage for good cause shown by the person filing the claim; and

2. Any legal action brought against us under the policy for loss or damage in the State of Texas caused by

windstorm or hail in the catastrophe area, as defined by the Texas Insurance Code, must be brought within

the earlier of the following:

a. Two years and one day from the date we accept or reject the claim; or

b. Three years and one day from the date of the loss or damage that is the subject of the claim.

Should you have any questions please contact your agent, broker or Hartford representative.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 11 of 157
Form G-3116-4 © 2018, The Hartford

IMPORTANT NOTICE

To obtain information or make a complaint:

You may contact your agent who is listed on the Declarations/Information Page of your policy, or

on your binder or certificate of insurance.

You may call The Hartford for information or to make a complaint at:

1-860-547-5000 (Information)

1-800-451-6944 (Complaints)

You may contact the Texas Department of Insurance to obtain information on companies,

coverages, rights or complaints at:

1-800-252-3439

You may write the Texas Department of Insurance:

P.O. Box 149104

Austin, TX 78714-9104

Fax: (512) 490-1007

Web: http://www.tdi.texas.gov

e-Mail: ConsumerProtection@tdi.texas.gov

PREMIUM OR CLAIM DISPUTES:

Should you have a dispute concerning your premium or about a claim you should contact the

agent or the company first. If the dispute is not resolved, you may contact the Texas Department

of Insurance.

ATTACH THIS NOTICE TO YOUR POLICY:

This notice is for information only and does not become a part or condition of the attached

document.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 12 of 157
001 (CONTINUED ON NEXT PAGE)

08/07/19 08/02/20

69

01

AB

SBA

TWIN CITY FIRE INSURANCE COMPANY

ONE HARTFORD PLAZA, HARTFORD, CT 06155

7

65 SBA AB0169 DX

INDEPENDENCE BARBERSHOP, LLC

12109 TWIN CREEK RD

MANCHACA TX 78652

08/02/19 08/02/20 365 DAYS

SOUTHWEST INS CENTER INC/PHS

813623

NEW

LIMITED LIAB CORP

NON-AUDITABLE

SPECIAL

$1,206

08/07/19

Form SS 00 02 12 06 Page

Process Date: Policy Expiration Date:

This Spectrum Policy consists of the Declarations, Coverage Forms, Common Policy Conditions and any

other Forms and Endorsements issued to be a part of the Policy. This insurance is provided by the stock

insurance company of The Hartford Insurance Group shown below.

INSURER:

COMPANY CODE:

Policy Number:

SPECTRUM POLICY DECLARATIONS

Named Insured and Mailing Address:

(No., Street, Town, State, Zip Code)

Policy Period: From To

12:01 a.m., Standard time at your mailing address shown above. Exception: 12 noon in New Hampshire.

Name of Agent/Broker:

Code:

Previous Policy Number:

Named Insured is:

Audit Period:

Type of Property Coverage:

Insurance Provided: In return for the payment of the premium and subject to all of the terms of this policy, we

agree with you to provide insurance as stated in this policy.

____________________________________________________________________________________________________________________

TOTAL ANNUAL PREMIUM IS:

______________________________________________________________________________________________

Countersigned by

Authorized Representative Date

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 13 of 157
002 (CONTINUED ON NEXT PAGE)

08/07/19 08/02/20

65 SBA AB0169

001 001

12109 TWIN CREEK RD

MANCHACA TX 78652

BARBER SHOPS & BEAUTY SALONS

$ 1,000 PER OCCURRENCE

NO COVERAGE

$ 40,000

NO COVERAGE

MONEY AND SECURITIES

INSIDE THE PREMISES

OUTSIDE THE PREMISES

$ 10,000

$ 5,000

Form SS 00 02 12 06 Page

Process Date: Policy Expiration Date:

SPECTRUM POLICY DECLARATIONS (Continued)

POLICY NUMBER:

Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by

Number below.

Location: Building:

Description of Business:

Deductible:

BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE

BUILDING

BUSINESS PERSONAL PROPERTY

REPLACEMENT COST

PERSONAL PROPERTY OF OTHERS

REPLACEMENT COST

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 14 of 157
003 (CONTINUED ON NEXT PAGE)

08/07/19 08/02/20

65 SBA AB0169

001 001

STRETCH COVERAGES

FORM: SS 04 08

THIS FORM INCLUDES MANY ADDITIONAL

COVERAGES AND EXTENSIONS OF

COVERAGES. A SUMMARY OF THE

COVERAGE LIMITS IS ATTACHED.

LIMITED FUNGI, BACTERIA OR VIRUS

COVERAGE:

FORM SS 40 93

THIS IS THE MAXIMUM AMOUNT OF

INSURANCE FOR THIS COVERAGE,

SUBJECT TO ALL PROPERTY LIMITS

FOUND ELSEWHERE ON THIS

DECLARATION.

INCLUDING BUSINESS INCOME AND EXTRA

EXPENSE COVERAGE FOR:

$ 50,000

30 DAYS

Form SS 00 02 12 06 Page

Process Date: Policy Expiration Date:

SPECTRUM POLICY DECLARATIONS (Continued)

POLICY NUMBER:

Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by

Number below.

Location: Building:

PROPERTY OPTIONAL COVERAGES APPLICABLE LIMITS OF INSURANCE

TO THIS LOCATION

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 15 of 157
004 (CONTINUED ON NEXT PAGE)

08/07/19 08/02/20

65 SBA AB0169

BUSINESS INCOME AND EXTRA EXPENSE

COVERAGE

COVERAGE INCLUDES THE FOLLOWING

COVERAGE EXTENSIONS:

ACTION OF CIVIL AUTHORITY:

EXTENDED BUSINESS INCOME:

EQUIPMENT BREAKDOWN COVERAGE

COVERAGE FOR DIRECT PHYSICAL LOSS

DUE TO:

MECHANICAL BREAKDOWN,

ARTIFICIALLY GENERATED CURRENT

AND STEAM EXPLOSION

THIS ADDITIONAL COVERAGE INCLUDES

THE FOLLOWING EXTENSIONS

HAZARDOUS SUBSTANCES

EXPEDITING EXPENSES

MECHANICAL BREAKDOWN COVERAGE ONLY

APPLIES WHEN BUILDING OR BUSINESS

PERSONAL PROPERTY IS SELECTED ON

THE POLICY

IDENTITY RECOVERY COVERAGE

FORM SS 41 12

12 MONTHS ACTUAL LOSS SUSTAINED

30 DAYS

30 CONSECUTIVE DAYS

$ 50,000

$ 50,000

$ 15,000

Form SS 00 02 12 06 Page

Process Date: Policy Expiration Date:

SPECTRUM POLICY DECLARATIONS (Continued)

POLICY NUMBER:

PROPERTY OPTIONAL COVERAGES APPLICABLE LIMITS OF INSURANCE

TO ALL LOCATIONS

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 16 of 157
005 (CONTINUED ON NEXT PAGE)

08/07/19 08/02/20

65 SBA AB0169

$1,000,000

$ 10,000

$1,000,000

$1,000,000

$2,000,000

$2,000,000

FORM SS 09 01

$ 10,000

NOT APPLICABLE

$ 10,000

08022019

BUSINESS LIABILITY OPTIONAL

COVERAGES

BARBER SHOP PROFESSIONAL LIABILITY

CYBERFLEX COVERAGE

FORM SS 40 26

$1,000,000

Form SS 00 02 12 06 Page

Process Date: Policy Expiration Date:

SPECTRUM POLICY DECLARATIONS (Continued)

POLICY NUMBER:

BUSINESS LIABILITY LIMITS OF INSURANCE

LIABILITY AND MEDICAL EXPENSES

MEDICAL EXPENSES - ANY ONE PERSON

PERSONAL AND ADVERTISING INJURY

DAMAGES TO PREMISES RENTED TO YOU

ANY ONE PREMISES

AGGREGATE LIMITS

PRODUCTS-COMPLETED OPERATIONS

GENERAL AGGREGATE

EMPLOYMENT PRACTICES LIABILITY

COVERAGE:

EACH CLAIM LIMIT

DEDUCTIBLE - EACH CLAIM LIMIT

AGGREGATE LIMIT

RETROACTIVE DATE:

This Employment Practices Liability Coverage contains claims made coverage. Except as may be otherwise

provided herein, specified coverages of this insurance are limited generally to liability for injuries for which claims are

first made against the insured while the insurance is in force. Please read and review the insurance carefully and

discuss the coverage with your Hartford Agent or Broker.

The Limits of Insurance stated in this Declarations will be reduced, and may be completely exhausted, by the payment

of "defense expense" and, in such event, The Company will not be obligated to pay any further "defense expense" or

sums which the insured is or may become legally obligated to pay as "damages".

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 17 of 157
006 (CONTINUED ON NEXT PAGE)

08/07/19 08/02/20

65 SBA AB0169

UNMANNED AIRCRAFT LIABILITY

FORM: SS 42 06

Form SS 00 02 12 06 Page

Process Date: Policy Expiration Date:

SPECTRUM POLICY DECLARATIONS (Continued)

POLICY NUMBER:

BUSINESS LIABILITY OPTIONAL COVERAGES LIMITS OF INSURANCE

(Continued)

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 18 of 157
007

08/07/19 08/02/20

65 SBA AB0169

SS 00 01 03 14 SS 00 05 10 08 SS 00 07 07 05 SS 00 08 04 05

SS 00 60 09 15 SS 00 61 07 19 SS 00 64 09 16 SS 84 01 09 07

SS 10 11 10 15 SS 42 06 03 17 SS 04 08 09 07 SS 04 19 04 09

SS 04 22 07 05 SS 04 30 07 05 SS 04 37 01 17 SS 04 39 07 05

SS 04 41 03 18 SS 04 42 03 17 SS 04 44 07 05 SS 04 45 07 05

SS 04 46 09 14 SS 04 47 04 09 SS 04 80 03 00 SS 04 86 03 00

SS 40 18 07 05 SS 40 26 03 17 SS 40 93 07 05 SS 41 12 12 17

SS 41 51 10 09 SS 41 63 06 11 SS 05 47 09 15 SS 51 11 03 17

SS 09 01 12 14 SS 09 67 09 14 SS 09 71 12 14 SS 09 82 12 14

SS 50 19 01 15 IH 99 40 04 09 IH 99 41 04 09 SS 83 76 01 15

SS 89 93 07 16

Form SS 00 02 12 06 Page

Process Date: Policy Expiration Date:

SPECTRUM POLICY DECLARATIONS (Continued)

POLICY NUMBER:

Form Numbers of Forms and Endorsements that apply:

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 19 of 157
Form SS 84 01 09 07 Page 1 of 2

© 2007, The Hartford

STRETCH SUMMARY

SUMMARY OF COVERAGE LIMITS

This is a summary of the Coverages and the Limits of Insurance provided by the Stretch Coverage form SS 04 08

which is included in this policy. No coverage is provided by this summary. Refer to coverage form SS 04 08 to

determine the scope of your insurance protection.

The Limit of Insurance for the following Additional Coverages are in addition to any other limit of insurance provided

under this policy:

Coverage Limit

Accounts Receivable – On/Off-Premises $ 25,000

Brands and Labels Up to Business Personal Property Limit

Claim Expenses $ 10,000

Computer Fraud $ 5,000

Computers and Media $ 10,000

Debris Removal $ 25,000

Employee Dishonesty (including ERISA) $ 10,000

Fine Arts $ 10,000

Forgery $ 10,000

Laptop Computers – World-Wide Coverage $ 5,000

Off Premises Utility Services – Direct Damage $ 10,000

Outdoor Signs Full Value

Pairs or Sets Up to Business Personal Property Limit

Personal Property of Others $ 10,000

Property at Other Premises $ 10,000

Salespersons’ Samples $ 1,000

Sewer and Drain Back Up Included up to Covered Property Limits

Sump Overflow or Sump Pump Failure $ 15,000

Temperature Change $ 10,000

Tenant Building and Business Personal Property CoverageRequired by Lease$ 20,000

Transit Property in the Care of Carriers for Hire $ 10,000

Unauthorized Business Card Use $ 2,500

Valuable Papers and Records – On/Off-Premises $ 25,000

The Limits of Insurance for the following Coverage Extensions are a replacement of the Limit of Insurance provided

under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy:

Coverage Limit

Newly Acquired or Constructed Property – 180 Days

Building $1,000,000

Business Personal Property $ 500,000

Business Income and Extra Expense $ 500,000

Outdoor Property $ 20,000 aggregate/ $1,000 per item

Personal Effects $ 25,000

Property Off-Premises $ 15,000

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 20 of 157
Page 2 of 2 Form SS 84 01 09 07

The following changes apply only if Business Income and Extra Expense are covered under this policy. The Limits of

Insurance for the following Business Income and Extra Expense Coverages are in addition to any other Limit of

Insurance provided under this policy:

Coverage Limit

Business Income Extension for Off-Premises Utility Services $ 25,000

Business Income Extension for Web Sites $ 10,000/7 days

Business Income from Dependent Properties $ 25,000

The following Limit of Insurance for the following Business Income Coverage is a replacement of the Limit of

Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever

applies to the policy:

Coverage Limit

Extended Business Income 60 Days

The following changes apply to Loss Payment Conditions:

Coverage Limit

Valuation Changes

Commodity Stock Included

"Finished Stock" Included

Mercantile Stock - Sold Included

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 21 of 157
Form SS 00 05 10 08

© 2008, The Hartford

COMMON POLICY CONDITIONS

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 22 of 157
Form SS 00 05 10 08

QUICK REFERENCE - SPECTRUM POLICY

DECLARATIONS

and

COMMON POLICY CONDITIONS

I. DECLARATIONS

Named Insured and Mailing Address

Policy Period

Description and Business Location

Coverages and Limits of Insurance

II. COMMON POLICY CONDITIONS Beginning on Page

A. Cancellation 1

B. Changes 1

C. Concealment, Misrepresentation Or Fraud 2

D. Examination Of Your Books And Records 2

E. Inspections And Surveys 2

F. Insurance Under Two Or More Coverages 2

G. Liberalization 2

H. Other Insurance - Property Coverage 2

I. Premiums 2

J. Transfer Of Rights Of Recovery Against Others To Us 2

K. Transfer Of Your Rights And Duties Under This Policy 3

L. Premium Audit 3

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 23 of 157
Form SS 00 05 10 08 Page 1 of 3

© 2008, The Hartford

(Includes copyrighted material of Insurance Services Office, Inc. with its permission)

COMMON POLICY CONDITIONS

All coverages of this policy are subject to the following conditions.

A. Cancellation

1. The first Named Insured shown in the

Declarations may cancel this policy by mailing

or delivering to us advance written notice of

cancellation.

2. We may cancel this policy by mailing or

delivering to the first Named Insured written

notice of cancellation at least:

a. 5 days before the effective date of

cancellation if any one of the following

conditions exists at any building that is

Covered Property in this policy:

(1) The building has been vacant or

unoccupied 60 or more consecutive

days. This does not apply to:

(a) Seasonal unoccupancy; or

(b) Buildings in the course of

construction, renovation or

addition.

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.

b. 10 days before the effective date of

cancellation if we cancel for nonpayment

of premium.

c. 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. The policy period will end

on that date.

5. If this policy is canceled, we will send the first

Named Insured any premium refund due.

Such 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.

B. Changes

This policy contains all the agreements between you

and us concerning the insurance afforded. The first

Named Insured shown in the Declarations is

authorized to make changes intheterms 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.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 24 of 157
COMMON POLICY CONDITIONS

Page 2 of 3 Form SS 00 05 10 08

C. Concealment, Misrepresentation Or Fraud

This policy is void in any case of fraud by you as it

relates to this policy 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 policy;

2. The Covered Property;

3. Your interest in the Covered Property; or

4. A claim under this policy.

D. Examination Of Your Books And Records

We may examine and audit your books and

records as they relate to the policy at any time

during the policy period and up to three years

afterward.

E. Inspections And Surveys

1. We have the right but are not obligated to:

a. Make inspections and surveys at any time;

b. Give you reports on the conditions we find;

and

c. Recommend changes.

2. Any inspections, surveys, reports or

recommendations will 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 any person. We do not represent or warrant

that conditions:

a. Are safe or healthful; or

b. Comply with laws, regulations, codes or

standards.

3. 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 on our behalf.

F. 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.

G. Liberalization

If we adopt any revision that would broaden the

coverage under this policy without additional

premium within 45 days prior to, or at any time

during, the policy period, the broadened coverage

will immediately apply to this policy.

H. Other Insurance - Property Coverage

If there is other insurance covering the same loss

or damage, 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.

I. Premiums

1. The first Named Insured shown in the

Declarations:

a. Is responsible for the payment of all

premiums; and

b. Will be the payee for any return premiums

we pay.

2. The premium shown in the Declarations was

computed based on rates in effect at the time

the policy was issued. If applicable, on each

renewal, continuation or anniversary of the

effective date of this policy, we will compute

the premium in accordance with our rates and

rules then in effect.

3. With our consent, you may continue this policy

in force by paying a continuation premium for

each successive one-year period. The

premium must be:

a. Paid to us prior to the anniversarydate; and

b. Determined in accordance with Paragraph

2. above.

Our forms then in effect will apply. If you do

not pay the continuation premium, this policy

will expire on the first anniversary date that we

have not received the premium.

4. Changes in exposures or changes in your

business operation, acquisition or use of

locations that are not shown in the Declarations

may occur during the policy period. If so, we may

require anadditionalpremium. That premium will

be determined in accordance with our rates and

rules thenin effect.

J. Transfer Of Rights Of Recovery Against Others

To Us

Applicable to Property Coverage:

If any person or organization to or for whom we

make payment under this policy 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

2. After a loss to your Covered Property only if, at

time of loss, that party is one of the following:

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 25 of 157
COMMON POLICY CONDITIONS

Form SS 00 05 10 08 Page 3 of 3

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.

You may also accept the usual bills of lading or

shipping receipts limiting the liability of carriers.

This will not restrict your insurance.

K. Transfer Of Your Rights And Duties Under This

Policy

Your rights and duties under this policy may not be

transferred without our written consent except in

the case of death of an individual Named Insured.

If you die, your rights and duties will be transferred

to your legal representative but only while acting

within the scope of duties as your legal

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.

L. Premium Audit

a. We will compute all premiums for this policy in

accordance with our rules and rates.

b. The premium amount shown in the

Declarations is a deposit premium only. At the

close of each audit period we will compute the

earned premium for that period. Any

additional premium found to be due as a result

of the audit are due and payable on notice to

the first Named Insured. If the deposit

premium paid for the policy term is greater

than the earned premium, we will return the

excess to the first Named Insured.

c. The first Named Insured must maintain all

records related to the coverage provided by

this policy and necessary to finalize the

premium audit, and send us copies of the

same upon our request.

Our President and Secretary have signed this policy. Where required by law, the Declarations page has also been

countersigned by our duly authorized representative.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 26 of 157
Form SS 00 07 07 05

© 2005, The Hartford

SPECIAL PROPERTY COVERAGE FORM

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 27 of 157
Form SS 00 07 07 05

QUICK REFERENCE

SPECIAL PROPERTY COVERAGE FORM

READ YOUR POLICY CAREFULLY

SPECIAL PROPERTY COVERAGE FORM Beginning on Page

A. COVERAGES 1

Covered Property 1

Property Not Covered 1

Covered Causes of Loss 2

Limitations 2

Additional Coverages 3

Coverage Extensions 13

B. EXCLUSIONS 16

C. LIMITS OF INSURANCE 18

D. DEDUCTIBLES 19

E. PROPERTY LOSS CONDITIONS 19

Abandonment 20

Appraisal 20

Duties in the Event of Loss or Damage 20

Legal Action Against Us 20

Loss Payment 20

Recovered Property 22

Resumption of Operations 22

Vacancy 22

F. PROPERTY GENERAL CONDITIONS 23

Control of Property 23

Mortgage Holders 23

No Benefit to Bailee 24

Policy Period, Coverage Territory 24

G. PROPERTY DEFINITIONS 24

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 28 of 157
Form SS 00 07 07 05 Page 1 of 25

SPECIAL PROPERTY COVERAGE FORM

Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties, and

what is and is not covered.

Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words

"we," "us" and "our" refer to the Company providing this insurance.

Other words and phrases that appear in quotation marks have special meaning. Refer to the SECTION G -

PROPERTY DEFINITIONS.

A. COVERAGE

We will pay for direct physical loss of or physical

damage to Covered Property at the premises

described in the Declarations (also called

"scheduled premises" in this policy) caused by or

resulting from a Covered Cause of Loss.

1. Covered Property

Covered Property as used in this policy, means

the following types of property for which a Limit

of Insurance is shown in the Declarations:

a. Buildings, meaning only building(s) and

structure(s) described in the Declarations,

including:

(1) Completed additions;

(2) Permanently installed:

(a) Fixtures;

(b) Machinery; and

(c) Equipment;

(3) Outdoor fixtures;

(4) Your personal property in apartments,

rooms or common areas furnished by

you as landlord;

(5) Building Glass, meaning glass that is

part of a building or structure;

(6) Personal property owned by you that is

used to maintain or service the buildings

or structures on the premises, including:

(a) Fire extinguishing equipment;

(b) Outdoor furniture;

(c) Floor coverings; and

(d) Appliances used for refrigerating,

ventilating, cooking, dishwashing

or laundering; and

(7) If not covered by other insurance:

(a) Additions under construction,

alterations and repairs to the

buildings or structures;

(b) Materials, equipment, supplies and

temporary structures, on or within

1,000 feet of the "scheduled

premises", used for making

additions, alterations or repairs to

the buildings or structures.

b. Business Personal Property located in or

on the building(s) described in the

Declarations at the "scheduled premises"

or in the open (or in a vehicle) within 1,000

feet of the "scheduled premises", including:

(1) Property you own that is used in your

business;

(2) Tools and equipment owned by your

employees, which are used in your

business operations;

(3) Property of others that is in your care,

custody or control;

(4) “Tenant Improvements and

Betterments”; and

(5) Leased personal property for which

you have contractual responsibility to

insure, unless otherwise provided for

under Personal Property of Others.

2. Property Not Covered

Covered Property does not include:

a. Aircraft, automobiles, motor trucks and

other vehicles subject to motor vehicle

registration;

b. Automobiles held for sale;

c. "Money”, bullion, numismatic and philatelic

property and bank notes or "securities"

except as provided in any Additional

Coverages or Optional Coverages. Lottery

tickets held for sale and postage stamps in

current use and having face value are not

"securities".

d. Contraband, or property in the course of

illegal transportation or trade;

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 29 of 157
SPECIAL PROPERTY COVERAGE FORM

Page 2 of 25 Form SS 00 07 07 05

e. Land (including land on which the property

is located), water, growing crops or lawns;

f. Outdoor fences, radio or television antennas

(including satellite dishes), including their

lead in wiring, masts or towers, signs (other

than signs attached to buildings), trees,

shrubs or plants (other then those held for

sale or sold but not delivered), except as any

of these may be provided in the:

(1) Outdoor Property Coverage Extension;

or

(2) Outdoor Signs Optional Coverage;

g. Watercraft (including motors, equipment

and accessories) while afloat;

h. The cost to research, replace or restore the

information on "valuable papers and

records", except as may be provided in any

Coverage Extensions or Optional Coverages.

i. "Data" and "software" which exists on

electronic "media" including the cost to

research, replace or restore them, except

as may be provided for in any Additional

Coverages or Optional Coverages.

j. Accounts, bills, food stamps, other evidences

of debt, accounts receivable or "valuable

papers and records"; except as otherwise

provided for in this policy.

3. Covered Causes of Loss

RISKS OF DIRECT PHYSICAL LOSS unless

the loss is:

a. Excluded in Section B., EXCLUSIONS; or

b. Limited in Paragraph A.4. Limitations; that

follow.

4. Limitations

a. We will not pay for direct loss of or damage

to:

(1) Property that is missing, where the

only evidence of the direct physical

loss or physical damage is a shortage

disclosed on taking inventory, or other

instances where there is no physical

evidence to show what happened to

the property. This limitation does not

apply to the Additional Coverage for

"Money" and "Securities".

(2) Property that has been transferred to a

person or to a place outside the

"scheduled premises" on the basis of

unauthorized instructions.

(3) 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:

(a) The building or structure first

sustains physical damage by a

Covered Cause of Loss to its roof

or walls through which the rain,

snow, sleet, ice, sand or dust

enters; or

(b) The direct physical loss or physical

damage is caused by or results

from thawing of snow, sleet, or ice

on the building or structure.

b. Pets and animals are covered only if:

(1) They are inside the building; and

(2) They are owned by others and

boarded by you, or owned by you and

held for sale or sold but not delivered.

And then we will pay only if they are killed,

stolen, or their destruction is made

necessary by a "specified cause of loss".

c. For direct physical loss or physical

damage by “theft”, the following types of

property are covered only up to the limits

shown:

(1) $2,500 for furs, fur garments and

garments trimmed with fur;

(2) $5,000 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 $500 or less per item;

(3) $2,500 for patterns, dies, molds and

forms; and

(4) $500 for stamps, lottery tickets held for

sale and letters of credit.

d. Unless specifically provided under a separate

endorsement and with a specific Limit of

Insurance indicated in the Declarations, we

will not pay for direct physical loss of or

physical damage to "perishable stock"

caused by or resulting from:

(1) A change in temperature or humidity

resulting from:

(a) Mechanical breakdown or failure of:

(i) Stationary heating plants; or

(ii) Refrigerating, cooling, or

humidity control apparatus or

equipment;

(b) Artificially generated electric

current, including electric arcing,

that disturbs electrical devices,

appliances or wires; or

(c) Complete or partial failure of

electric power on your "scheduled

premises".

(2) Contamination by refrigerant.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 30 of 157
SPECIAL PROPERTY COVERAGE FORM

Form SS 00 07 07 05 Page 3 of 25

5. Additional Coverages

a. Collapse

(1) With respect to Buildings:

(a) Collapse means an abrupt falling

down or caving in of a building or

any part of a building with the

result that the building cannot be

occupied for its intended purpose;

(b) A building or any part of a building

that is in danger of falling down or

caving in is not considered to be in

a state of collapse;

(c) A part of a building that is standing

is not considered to be in a state of

collapse even if it has separated

from another part of the building;

(d) A building that is standing or any

part of a building that is standing is

not considered to be in a state of

collapse even if it shows evidence

of cracking, bulging, sagging,

bending, leaning, settling,

shrinkage, or expansion.

(2) We will pay for direct physical loss or

physical damage caused by or resulting

from risks of collapse of a building or any

part of a building that is insured by this

policy caused only by one or more of the

following:

(a) "Specified cause of loss" or

breakage of building glass, if such

loss or breakage was covered by

this policy;

(b) Decay that is hidden from view,

unless the presence of such decay

was known to an insured prior to

collapse;

(c) Insect or vermin damage that is

hidden from view, unless the

presence of such damage is known

to aninsuredprior to collapse;

(d) Weight of people or personal

property;

(e) Weight of rain that collects on a

roof; and

(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.

The criteria set forth in Paragraphs

(1)(a) through (1)(d) do not limit the

coverage otherwise provided under

this Additional Coverage for the

Causes of Loss listed in Paragraph

(2)(a), (2)(d), and (2)(e).

(3) If the collapse is caused by a Covered

Cause of Loss listed in Paragraphs

(2)(b) through (2)(f), we will pay for

direct physical loss of or physical

damage to the property listed below,

but only if such physical loss or

physical damage is a direct result of

the collapse of a building insured

under this policy, and the property is

property covered under this policy:

(a) Awnings; gutters and downspouts;

yard fixtures; outdoor swimming

pools; piers, wharves and docks;

beach or diving platforms or

appurtenances; retaining walls;

walks, roadways and other paved

surfaces.

(4) If personal property abruptly falls down

or caves in and such collapse is not

the result of collapse of a building, we

will pay for loss or damage to Covered

Property caused by such collapse of

personal property only if

(a) The collapse was caused by a

cause of loss listed in Paragraphs

(2)(a) through (2)(f) of this

Additional Coverage;

(b) The personal property which

collapses is inside a building; and

(c) The property which collapses is

not of a kind listed in Paragraph

(3) above, regardless of whether

that kind of property is considered

to be personal property or real

property.

The coverage stated in this Paragraph

(4) does not apply to personal property

if marring or scratching is the only

damage to that personal property

caused by the collapse.

Collapse of personal property does not

mean cracking, bulging, sagging,

bending, leaning, settling, shrinkage or

expansion.

(5) This Additional Coverage, Collapse,

will not increase the Limits of

Insurance provided in this policy.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 31 of 157
SPECIAL PROPERTY COVERAGE FORM

Page 4 of 25 Form SS 00 07 07 05

b. Debris Removal

(1) 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:

(a) The date of direct physical loss or

physical damage; or

(b) The end of the policy period.

(2) The most we will pay under this

additional Coverage is 25% of the

amount we pay for the direct loss of or

physical damage to Covered Property

plus the deductible in this policy

applicable to that physical loss or

physical damage.

But this limitation does not apply to

any additional Debris Removal limit

provided in the Limits of Insurance

section.

(3) This Additional Coverage does not

apply to costs to:

(a) Extract "pollutants and

contaminants" from land; or

(b) Remove, restore or replace

polluted or contaminated land or

water.

c. Equipment Breakdown

(1) We will pay for direct physical loss or

physical damage caused by or

resulting from an Equipment

Breakdown Accident to Equipment

Breakdown Property.

Equipment Breakdown Accident

means:

(a) Mechanical breakdown, including

rupture or bursting caused by

centrifugal force.

(b) Artificially generated electric

current, including electric arcing,

that disturbs electrical devices,

appliances or wires.

(c) Explosion of steam boilers, steam

piping, steam engines or steam

turbines owned or leased by you,

or operated under your control.

(d) Physical loss or physical damage

to steam boilers, steam pipes,

steam engines or steam turbines

caused by or resulting from any

condition or event inside such

boilers or equipment.

(e) Physical loss or physical damage

to hot water boilers or other water

heating equipment caused by or

resulting from any condition or

event inside such boilers or

equipment.

Equipment Breakdown Property

means Covered Property built to

operate under vacuum or pressure,

other than weight of contents, or used

for the generation, transmission or

utilization of energy.

The following is not Equipment

Breakdown Property:

(a) Any structure, foundation, cabinet,

compartment or air supported

structure building;

(b) Any insulating or refractory

material;

(c) Any sewer piping, any underground

vessels or piping, any piping forming

a part of a sprinkler system, water

piping other than boiler feed water

piping, boiler condensate return

piping, or water piping forming a part

of a refrigerating or air conditioning

system;

(d) Any vehicle or any equipment

mounted on a vehicle. As used

here, vehicle means any machine

or apparatus that is used for

transportation or moves under its

own power. Vehicle includes, but

is not limited to, car, truck, bus,

trailer, train, aircraft, watercraft,

forklift, bulldozer, tractor or

harvester. However, any property

that is stationary, permanently

installed at a “scheduled premises”

and that receives electrical power

from an external power source will

not be considered a vehicle.

(e) Any equipment manufactured by

you for sale.

(2) Coverage Extensions

The following coverage extensions

apply only to direct physical loss or

physical damage caused by or

resulting from an Equipment

Breakdown Accident:

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 32 of 157
SPECIAL PROPERTY COVERAGE FORM

Form SS 00 07 07 05 Page 5 of 25

(a) Hazardous Substances

We will pay in any one occurrence

for the additional cost, not to

exceed $50,000, to repair or

replace Covered Property because

of contamination by a hazardous

substance. This includes the

expenses to clean up or dispose of

such property. Hazardous

substance means any substance

that is hazardous to human health

or that has been declared by a

government agency to be

hazardous to human health.

Additional cost in this extension

means those beyond what would

have been required had no

hazardous substance been

involved.

This limit is part of and not in

addition to the Limits of Insurance

for Covered Property.

(b) Expediting Expenses

With respect to your damaged

Covered Property, we will pay in

any one occurrence, up to

$50,000, for the reasonable and

necessary additional expenses

you incur to:

(i) Make temporary repairs; or

(ii) Expedite permanent repairs or

permanent replacement.

(c) Defense

If a claim or "suit" is brought

against you alleging that you are

liable for damage to property of

another in your care, custody or

control directly caused by

Equipment Breakdown we will

either:

(i) Settle the claim or "suit"; or

(ii) Defend you against the claim

or "suit," but keep for

ourselves the right to settle it

at any point.

(d) Supplementary Payments

We will pay, with respect to any

claim or "suit" we defend:

(i) All expenses we incur;

(ii) The cost of bonds to release

attachments, but only for bond

amounts within the Limit of

Insurance. We do not have to

furnish these bonds;

(iii) All reasonable expenses

incurred by you 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;

(iv) All costs taxed against you in

any "suit" we defend;

(v) Prejudgment interest awarded

against you 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 prejudgment interest

based on that period of time

after the offer; and

(vi) 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 Limit of Insurance

shown in the Declarations.

These payments will not reduce

the Limit of Insurance shown in the

Declarations.

(e) Business Income and Extra

Expense Extension

The Business Income and Extra

Expense Additional Coverages are

extended to provide coverage for a

tenant who has a loss of income

from the lack of heating, cooling or

power as a result of equipment

breakdown to mechanical,

electrical or pressure equipment of

the building owner.

(f) If Equipment Breakdown Property

requires replacement due to an

Equipment Breakdown Accident,

we will pay your additional cost to

replace it with equipment that is

better for the environment, safer or

more efficient than the equipment

being replaced. However, we will

not pay more than 125% of what

the cost would have been to repair

or replace with property of

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comparable material and quality.

This coverage does not increase

any of the applicable limits. This

coverage does not apply to any

property indicated as being valued

on an Actual Cash Value basis.

If you wish to retrofit air

conditioning or refrigeration

equipment that utilizes a

refrigerant containing CFC

(chlorofluorocarbon) substances to

accept a non-CFC refrigerant or

replace the system with a system

using a non-CFC refrigerant, we

will consider this better for the

environment. Any associated

Business Income or Extra

Expense will be included in

determining the additional cost, if

Business Income and Extra

Expense apply to this policy.

(3) Additional Condition - Bankruptcy

The bankruptcy or insolvency of you or

your estate will not relieve us of any

obligation under this Additional

Coverage.

(4) Jurisdictional Inspections:

If any boiler or pressure vessel

requires inspection to comply with

state or municipal boiler and pressure

vessel regulations, we agree to

perform such inspection on your

behalf.

d. 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

$25,000 in any one occurrence for your

liability for fire department service charges:

(1) Assumed by contract or agreement

prior to loss; or

(2) Required by local ordinance.

e. Fire Extinguisher Recharge

We will pay to cover your expenses for

recharge of your hand fire extinguishers

when they are emptied while fighting fire.

f. Forgery

(1) We will pay for loss resulting directly

from forgery or alteration of any check,

draft, promissory note, or similar written

promises, orders or directions to pay a

sum certain in "money" that you or your

agent has issued, or that was issued by

someone who impersonates you or your

agent. This includes written instruments

required in conjunction with any credit,

debit, or charge card issued to you or

any "employee" for business purposes.

(2) If you are sued for refusing to pay any

Covered Instrument on the basis that it

has been forged or altered, and you

have our written consent to defend

against the “suit”, we will pay for any

reasonable expenses that you incur

and pay in that defense.

(3) We will pay for loss resulting directly

from your having accepted in good

faith, in exchange for merchandise,

"money" or services:

(a) Money orders, including counterfeit

money orders, of any United States

or Canadian post office, express

company or national or state (or

Canadian) chartered bank that are

not paid upon presentation; and

(b) Counterfeit United States or

Canadian paper currency.

(4) The most we will pay in any one

occurrence, including legal expenses,

under this Additional Coverage is $5,000,

unless a higher Limit of Insurance is

shown in the Declarations.

g. Glass Expense

We will pay for necessary expenses

incurred to:

(1) Put up temporary plates or board up

openings if repair or replacement of

damaged glass is delayed;

(2) Repair or replace encasing frames;

and

(3) Remove or replace obstructions when

repairing or replacing glass that is part

of a building.

This does not include removing or

replacing window displays.

h. Lock and Key Replacement

We will pay up to $1,000 in any one

occurrence for the re-keying of locks or the

repair or replacement of locks at

"scheduled premises" following the theft or

the attempted theft of keys by burglars.

i. Money and Securities

(1) We will pay for loss of "money" and

"securities" used in your business while

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at a bank or savings institution, within

your living quarters or the Iiving quarters

of your partners or any employee having

use and custody of the property, at the

"scheduled premises", or in transit

between any of these places, resulting

directly from:

(a) “Theft”;

(b) Disappearance; or

(c) Destruction.

(2) In addition to the Limitations and

Exclusions applicable to property

coverage, we will not pay for loss:

(a) Resulting from accounting or

arithmetical errors or omissions;

(b) Due to the giving or surrendering

of property in any exchange or

purchase; or

(c) Of property contained in any

"money"-operated device unless a

continuous recording instrument in

the device records the amount of

"money" deposited in the “money”-

operated device.

(3) The most we will pay for loss in any

one occurrence is:

(a) The limit shown in the Declarations

for Inside the Premises for

"money" and "securities" while:

(i) In or on the "scheduled

premises"; or

(ii) Within a bank or savings

institution; and

(b) The limit shown in the Declarations

for Outside the Premises for

"money" and "securities" while

anywhere else.

(4) All loss:

(a) Caused by one or more persons;

or

(b) Involving a single act or series of

related acts;

is considered one occurrence.

(5) You must keep records of all "money"

and "securities" so we can verify the

amount of any loss or damage.

j. Ordinance or Law

(1) If a Covered Cause of Loss occurs to

covered Building property, we will pay

on a “scheduled premises” any of the

following costs that are caused by

enforcement of an ordinance or law:

Undamaged Part

(a) For loss to the undamaged portion

of the Building that requires the

demolition of parts of the same

property not damaged by a

Covered Cause of Loss provided

that any such ordinance or law

resulting in this type of loss:

(i) Regulates the construction or

repair of buildings, or

establishes zoning or land use

requirements at the

“scheduled premises”; and

(ii) Is in force at the time of the

loss.

The most we will pay in any one

occurrence for this coverage is

$25,000 as a Limit of Insurance.

Demolition Cost

(b) The cost to demolish and clear the

site of undamaged parts of the

property caused by enforcement of

a building, zoning or land use

ordinance or law.

The most we will pay in any one

occurrence for this coverage is

$25,000 as a Limit of Insurance.

Increased Cost of Construction

(c) The increased cost to repair,

rebuild or reconstruct the covered

property, caused by enforcement

of a building, zoning or land use

ordinance or law.

The most we will pay in any one

occurrence for this coverage is

$25,000 as a Limit of Insurance.

“Tenants Improvements and

Betterment”

(d) The increased cost to repair,

rebuild or reconstruct “tenant’s

improvements and betterments”

caused by enforcement of building,

zoning or land use ordinance or

law.

The most we will pay in any one

occurrence for this coverage is

$25,000 as a Limit of Insurance.

(2) Additional Exclusions

We will not pay under this Additional

Coverage for:

(a) The enforcement of any ordinance

or law which requires the

demolition, repair, replacement,

reconstruction, remodeling or

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remediation of property due to

contamination by “pollutants and

contaminants” or due to the

presence, growth, proliferation,

spread of any activity of “fungi”,

wet or dry rot, bacteria or virus; or

(b) The costs associated with the

enforcement of any ordinance or

law which requires any insured or

others to test for, monitor, clean

up, remove, contain, treat, detoxify

or neutralize, or in any way

respond to, or assess the effects

of “pollutants or contaminants”,

“fungi”, wet or dry rot, bacteria or

virus.

(c) Loss caused by, resulting from,

contributed to or aggravated by

earthquake or volcanic eruption.

(d) Loss due to an ordinance or law

that:

(i) You were required to comply

with before the loss even if the

building was undamaged; and

(ii) You failed to comply with.

(3) Additional Limitations – Loss to

Undamaged Portion of Building

Subject to the limit stated in Paragraph

A.5.j.(1)(a), the insurance provided

under this Additional Coverage for loss

in value to the undamaged portion of

the building is limited as follows:

(a) If Replacement Cost applies and

the property is repaired or

replaced on the same or another

premises, we will not pay more for

physical loss of or physical

damage to designated Building

property, including loss caused by

enforcement of an ordinance or

law, than:

(i) The amount you actually spend

to repair, rebuild or reconstruct

the Building, but not for more

than the amount it would cost to

restore the Building on the same

premises; and

(ii) The amount it would cost to

restore the undamaged portion

to the same height, floor area,

style and comparable quality of

the original property insured.

(b) If the Building(s) Full Value

Endorsement applies and the

property is repaired or replaced on

the same or another premises, we

will not pay more for physical loss of

or physical damage to designated

Building property, including loss

caused by enforcement of an

ordinance or law, than:

(i) The amount you actually spend

to repair, rebuild or reconstruct

the Building, but not for more

than the amount it would cost to

restore the Building on the same

premises; and

(ii) The amount it would cost to

restore the undamaged portion

to the same height, floor area,

style and comparable quality of

the original property insured.

(c) If Replacement Cost or the

Building(s) Full Value

Endorsement applies and the

property is not repaired or

replaced, or if Actual Cash Value

applies, then we will not pay more

for physical loss of or physical

damage to designated Building

property, including loss caused by

enforcement of an ordinance or

law, than the lesser of:

(i) The Actual Cash Value of the

Building at the time of loss; or

(ii) The Limit of Insurance

applicable to the covered

Building property stated in

Paragraph A.5.j.(1)(a).

(4) Additional Limitation – Demolition

Cost

We will not pay more than the lesser

of:

(a) The amount actually spent to

demolish and clear the site of the

“scheduled premises”; or

(b) The applicable Demolition Cost

Limit of Insurance as stated in

Paragraph A.5.j.(1)(b).

(5) Additional Limitation – Increased

Cost of Construction

The insurance provided under this

Additional Coverage for increased cost

of construction is limited as follows:

(a) We will not pay:

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(i) Until the property is actually

repaired or replaced, at the

same or another premises;

and

(ii) Unless the repairs or

replacements are made as

soon as reasonably possible

after the physical loss or

physical damage, not to

exceed two years. We may

extend this period in writing

during the two years.

(b) If the Building is repaired or

replaced at the same premises, or

if you elect to rebuild at another

premises, the most we will pay is

the lesser of:

(i) The increased cost of

construction at the same

premises; or

(ii) The applicable Increased Cost

of Construction Limit of

Insurance stated in Paragraph

A.5.j.(1)(c).

(c) If the ordinance or law requires

relocation to another premises, the

most we will pay is the lesser of:

(i) The Increased Cost of

Construction at the new

premises; or

(ii) The applicable Increased Cost

of Construction Limit of

Insurance stated in Paragraph

A.5.j.(1)(c).

k. “Pollutants and Contaminants” Clean

Up and Removal

We will pay your expense to extract

"pollutants and contaminants" from land or

water at the "scheduled premises" if the

discharge, dispersal, seepage, migration,

release or escape of the “pollutants and

contaminants” 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:

(1) The date of direct physical loss or

physical damage; or

(2) The end of the policy period.

The most we will pay in any one

occurrence for each location under this

Additional Coverage is $15,000 for the

sum of all such expenses arising out of

Covered Causes of Loss.

l. Preservation of Property

If it is necessary to move Covered

Property from the "scheduled premises" to

preserve it from direct physical loss or

physical damage by a Covered Cause of

Loss, we will pay for any direct physical

loss of or physical damage to that property:

(1) While it is being moved or while

temporarily stored at another location;

and

(2) Only if the direct physical loss or

physical damage occurs within 45

days after the property is first moved.

m. Theft Damage to Building

This Additional Coverage applies only to

premises where you are a tenant and are

responsible in the lease for physical loss or

physical damage to the building you lease,

rent, or occupy that is caused by or results

from “theft”, burglary or robbery.

We will pay for direct physical loss or

physical damage directly resulting from

“theft”, burglary or robbery (except loss by fire

or explosion) to a building:

(1) You occupy, including personal

property that is used to maintain or

service the building; or

(2) Containing covered personal property

if you are legally liable for such

physical loss or physical damage.

But we will not pay for such physical loss

of or physical damage to property that is

away from the "scheduled premises".

n. Water Damage, Other Liquid, Powder or

Molten Material Damage

If direct physical loss or physical damage

caused by or resulting from covered water

or other liquid, powder or molten material

damage loss occurs, we will also pay the

cost to tear out and replace any part of the

building or structure to repair damage to

the system or appliance from which the

water or other substance escapes.

We will not pay the cost to repair any defect

that caused the direct physical loss or

physical damage except as provided in

paragraph A.5.c., Equipment Breakdown of

this coverage form. But we will pay the cost

to repair or replace damaged parts of fire

extinguishing equipment if the damage:

(1) Results in discharge of any substance

from an automatic fire protection

system; or

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(2) Is directly caused by freezing.

o. Business Income

(1) 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

physical damage to property at the

"scheduled premises", including

personal property in the open (or in a

vehicle) within 1,000 feet of the

“scheduled premises”, caused by or

resulting from a Covered Cause of

Loss.

(2) With respect to the requirements set

forth in the preceding paragraph, if you

occupy only part of the site at which

the “scheduled premises” are located,

your “scheduled premises” also

means:

(a) The portion of the building which

you rent, lease or occupy; and

(b) Any area within the building or on

the site at which the “scheduled

premises” are located, but only if

that area services, or is used to

gain access to, the “scheduled

premises”.

(3) We will only pay for loss of Business

Income that occurs within 12

consecutive months after the date of

direct physical loss or physical

damage.

This Additional Coverage is not subject

to the Limits of Insurance.

(4) Business Income means the:

(a) Net Income (Net Profit or Loss

before income taxes) that would

have been earned or incurred if no

direct physical loss or physical

damage had occurred; and

(b) Continuing normal operating

expenses incurred, including

payroll.

(5) With respect to the coverage provided

in this Additional Coverage,

suspension means:

(a) The partial slowdown or complete

cessation of your business

activities; or

(b) That part or all of the “scheduled

premises” is rendered

untentantable as a result of a

Covered Cause of Loss if

coverage for Business Income

applies to the policy.

p. Extra Expense

(1) We will pay reasonable and necessary

Extra Expense you incur during the

"period of restoration" that you would

not have incurred if there had been no

direct physical loss or physical

damage to property at the "scheduled

premises", including personal property

in the open (or in a vehicle) within

1,000 feet, caused by or resulting from

a Covered Cause of Loss.

(2) With respect to the requirements set

forth in the preceding paragraph, if you

occupy only part of the site at which

the “scheduled premises” are located,

your “scheduled premises” also

means:

(a) The portion of the building which

you rent, lease or occupy; and

(b) Any area within the building or on

the site at which the “scheduled

premises” are located, but only if

that area services, or is used to

gain access to, the “scheduled

premises”.

(3) Extra Expense means expense

incurred:

(a) To avoid or minimize the

suspension of business and to

continue "operations":

(i) At the "scheduled premises";

or

(ii) At replacement premises or at

temporary locations, including:

(aa)Relocation expenses; and

(bb)Cost to equip and operate

the replacement or

temporary location, other

than those costs

necessary to repair or to

replace damaged stock

and equipment.

(b) To minimize the suspension of

business if you cannot continue

"operations".

(c) (i) To repair or replace any

property; or

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(ii) To 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 Additional Coverage

or Additional Coverage o.,

Business Income.

We will only pay for Extra

Expense that occurs within 12

consecutive months after the

date of direct physical loss or

physical damage. This

Additional Coverage is not

subject to the Limits of

Insurance.

(4) With respect to the coverage provided

in this Additional Coverage,

suspension means:

(a) The partial slowdown or complete

cessation of your business

activities; or

(b) That part or all of the “scheduled

premises” is rendered

untentantable as a result of a

Covered Cause of Loss if

coverage for Extra Expense

applies to the policy.

(5) Limitation

This Extra Expense Coverage does not

apply to:

(a) Any deficiencies in insuring

building or business personal

property; or

(b) Any expense related to any recall

of products you manufacture,

handle or distribute.

q. Civil Authority

(1) This insurance is extended to apply to

the actual loss of Business Income you

sustain when access to your "scheduled

premises" is specifically prohibited by

order of a civil authority as the direct

result of a Covered Cause of Loss to

property in the immediate area of your

"scheduled premises".

(2) The coverage for Business Income will

begin 72 hours after the order of a civil

authority and coverage will end at the

earlier of:

(a) When access is permitted to your

"scheduled premises"; or

(b) 30 consecutive days after the

order of the civil authority.

r. Extended Business Income

(1) If the necessary suspension of your

"operations" produces a Business

Income loss payable under this policy,

we will pay for the actual loss of

Business Income you incur during the

period that:

(a) Begins on the date property is

actually repaired, rebuilt or replaced

and "operations" are resumed; and

(b) Ends on the earlier of:

(i) The date you could restore

your "operations" with

reasonable speed, to the

condition that would have

existed if no direct physical

loss or damage occurred; or

(ii) 30 consecutive days after the

date determined in (1)(a)

above.

Loss of Business Income must be

caused by direct physical loss or

physical damage at the "scheduled

premises" caused by or resulting from

a Covered Cause of Loss.

(2) With respect to the coverage provided in

this Additional Coverage, suspension

means:

(a) The partial slowdown or complete

cessation of your business activities;

and

(b) That a part or all of the "scheduled

premises" is rendered untenantable

as a result of a Covered Cause of

Loss.

s. Business Income from Dependent

Properties

(1) We will pay for the actual loss of

Business Income you sustain due to

direct physical loss or physical damage

at the premises of a dependent property

caused by or resulting from a Covered

Cause of Loss.

The most we will pay under this

Additional Coverage is $5,000 in any

one occurrence unless a higher Limit

of Insurance is indicated in the

Declarations.

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(2) We will reduce the amount of your

Business Income loss, other than

Extra Expense, to the extent you can

resume "operations", in whole or in

part, by using any other available:

(a) Source of materials; or

(b) Outlet for your products.

(3) If you do not resume "operations", or

do not resume "operations" as quickly

as possible, we will pay based on the

length of time it would have taken to

resume "operations" as quickly as

possible.

(4) Dependent Property means property

owned, leased or operated by others

whom you depend on to:

(a) Deliver materials or services to

you or to others for your account.

But services do not include:

(i) Water, communication, power

services or any other utility

services; or

(ii) Any type of web site, or

Internet service.

(b) Accept your products or services;

(c) Manufacture your products for

delivery to your customers under

contract for sale; or

(d) Attract customers to your business

premises.

The dependent property must be

located in the coverage territory of this

policy.

(5) The coverage period for Business

Income under this Additional Coverage:

(a) Begins 72 hours after the time of

direct physical loss or physical

damage caused by or resulting

from a Covered Cause of Loss at

the premises of the dependent

property; and

(b) Ends on the date when the property

at the premises of the dependent

property should be repaired, rebuilt

or replaced with reasonable speed

and similar quality.

(6) The Business Income coverage

period, as stated in Paragraph (5),

does not include any increased period

required due to the enforcement of any

ordinance or law that:

(a) Regulates the construction, use or

repair, or requires the tearing

down of any property; or

(b) Requires any insured or others to

test for, monitor, clean up, remove,

contain, treat, detoxify, or neutralize,

or in any way respond to, or assess

the effects "pollutants."

(7) The definition of Business Income

contained in the Business Income

Additional Coverage also applies to

this Business Income From Dependent

Properties Additional Coverage.

t. Tenant Glass

This Additional Coverage applies only to

premises where you are a tenant and are

responsible in the lease for such damage.

We will cover loss to glass, which is in your

care, custody or control and for which the

lease holds you responsible. The glass

must be part of a building described in the

Declarations or at a location that would be

included in Coverage Extension b. Newly

Acquired or Constructed Property.

The most that we will pay in any one

occurrence for each location under this

Additional Coverage is $25,000.

u. Leasehold Improvements

If your lease is cancelled in accordance with

a valid lease provision as the direct result of a

Covered Cause of Loss to property at the

location in which you are a tenant, and you

cannot legally remove “Tenant Improvements

and Betterments”, we will extend Business

Personal Property coverage to apply to the

unamortized value of “Tenants Improvement

and Betterment” that remain and that you

were forced to abandon.

The most we will pay in any one

occurrence for loss under this Additional

Coverage is $25,000.

v. Lease Assessment

Your Business Personal Property is extended

to apply to your share of any assessment

charged to all tenants by the building owner

as a result of direct physical damage caused

by or resulting from a Covered Cause of Loss

to building property you occupy as agreed to

in your written lease agreement.

We will pay no more than $2,500 in any one

occurrence for this Additional Coverage.

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6. Coverage Extensions

Except as otherwise provided, the following

Extensions apply to property located in or on

the building at the "scheduled premises" or in

the open (or in a vehicle) within 1,000 feet of

the "scheduled premises". All Coverage

Extensions are subject to the terms, conditions

and exclusions of this policy, except as

otherwise provided.

In addition to the Limits of Insurance, you may

extend the insurance provided by this policy as

follows:

a. Accounts Receivable

(1) You may extend the insurance that

applies to your Business Personal

Property, to apply to your accounts

receivable.

We will pay for:

(a) All amounts due from your

customers that you are unable to

collect;

(b) Interest charges on any loan

required to offset amounts you are

unable to collect pending our

payment of these amounts;

(c) Collection expenses in excess of

your normal collection expenses

that are made necessary by the

physical loss or physical damage;

and

(d) Other reasonable expenses that

you incur to reestablish your

records of accounts receivable;

that result from direct physical loss of or

physical damage to your records of

accounts receivable.

(2) Paragraph A.3., Covered Causes of

Loss, and Section B., Exclusions, do

not apply to this Additional Coverage

except for:

(a) Paragraph B.1.b., Governmental

Action;

(b) Paragraph B.1.c., Nuclear Hazard;

and

(c) Paragraph B.1.e., War and Military

Action.

(3) Additional Exclusions

(a) Dishonest acts by you, anyone

else with an interest in the records

of accounts receivable, or your or

their employees or authorized

representatives, or anyone

entrusted with the records of

accounts receivable, whether or

not acting alone or in collusion with

other persons or occurring during

the hours of employment.

This exclusion does not apply to a

carrier for hire.

(b) Alteration, falsification, concealment

or destruction of records of accounts

receivable done to conceal the

wrongful giving, taking or withholding

of "money," "securities," or other

property.

This exclusion applies only to the

extent of the wrongful giving,

taking or withholding.

(c) Bookkeeping, accounting or billing

errors or omissions.

(d) Electrical or magnetic injury,

disturbance or erasure of electronic

recordings.

But we will pay for direct physical

loss or physical damage caused

by Lightning.

(e) Voluntary parting with any property

by you or anyone entrusted with

the property if induced to do so by

any fraudulent scheme, trick,

device or false pretense.

(f) Unauthorized instructions to

transfer property to any person or

to any place.

(4) We will not pay for direct physical loss

or physical damage that requires any

audit of records or any inventory

computation to prove its factual

existence.

(5) The most we will pay in any one

occurrence for direct physical loss of

or physical damage to your accounts

receivable at each “scheduled

premises” is $25,000.

(6) The most we will pay in any one

occurrence for direct physical loss of

or physical damage to accounts

receivables away from the “scheduled

premises”, including while in transit, is

$25,000.

b. Arson and “Theft” Reward

(1) In the event that a covered fire loss

was the result of an act of arson, we

will reimburse you for rewards you pay

for information leading to convictions

for that act of arson.

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SPECIAL PROPERTY COVERAGE FORM

Page 14 of 25 Form SS 00 07 07 05

(2) In the event of a covered “theft” loss,

we will reimburse you for rewards you

pay for information leading to

convictions for the “theft” loss.

The most we will pay to reimburse you in

any one occurrence for arson or “theft”

rewards is $10,000.

This is additional insurance. The

deductible does not apply to these

reimbursements.

c. Data and Software

We will pay up to $10,000 in any one

occurrence to cover your costs to

research, replace or restore "data" or

"software" which exists or existed on

electronic or magnetic "media" that is lost

or damaged as a result of direct physical

loss or physical damage to "computer

equipment" at the "scheduled premises".

d. Garages, Storage Buildings and Other

Appurtenant Structures

(1) You may extend the insurance that

applies to Building to apply to garages,

storage buildings and other

appurtenant structures, except outdoor

fixtures, at the "scheduled premises".

The most we will pay in any one

occurrence for direct physical loss or

physical damage under this Extension

is $50,000 at each "scheduled

premises".

(2) You may extend the insurance that

applies to Business Personal Property

in garages, storage buildings and other

appurtenant structures at the

"scheduled premises".

The most we will pay in any one

occurrence for direct physical loss or

physical damage under this Extension

is $5,000 at each "scheduled

premises".

e. Newly Acquired or Constructed Property

(1) You may extend the insurance that

applies to Building to apply to:

(a) Your new buildings while being built

on the "scheduled premises"; and

(b) Buildings you acquire at locations

other than the "scheduled

premises", intended for:

(i) Similar use as the Building

described in the Declarations; or

(ii) Use as a warehouse.

The most we will pay in any one

occurrence for loss or damage under

this Extension is 25% of the Limit of

Insurance for Building shown in the

Declarations, but not more than

$500,000 at each premises.

(2) You may extend the insurance that

applies to Business Personal Property

to apply to:

(a) Property at any premises you

acquire or construct;

(b) Business Personal Property,

including such property that you

newly acquire, located at your

newly constructed building, or

(c) Business Personal Property that

you newly acquire, located at the

"scheduled premises".

This extension does not apply to:

(a) Personal Property that you

temporarily acquire in the course

of installing or performing work on

such property;

(b) Personal property of others that

you temporarily acquire in the

course of your wholesaling activity.

(c) Merchandise held for sale, except

as provided under Paragraph C.6.

Business Personal Property Limit

– Seasonal Increase.

The most we will pay in any one

occurrence for direct physical loss or

physical damage under this Extension

is $250,000 at each premises.

(3) You may extend the insurance that

applies to Business Income and Extra

Expense to apply to newly acquired or

constructed locations.

The most we will pay in any one

occurrence under this Extension is

$50,000.

(4) If Covered Property is moved to a new

premises endorsed onto this policy, from

a "scheduled premises" being endorsed

off this policy, the Limit of Insurance

applicable to that vacated premises will

apply proportionately to both premises as

the property is moved. This coverage

applies to up to 180 days after the move

begins or upon completion of the move,

whichever is sooner. This coverage

does not apply to Business Personal

Property while in transit.

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SPECIAL PROPERTY COVERAGE FORM

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(5) Insurance under this Extension for

each newly acquired or constructed

property will end when any of the

following first occurs:

(a) This policy expires;

(b) 180 days after you acquire or

begin to construct the property, or

(c) You report values to us.

We will charge you additional premium

for values reported from the day

construction begins or you acquire the

property.

f. Outdoor Property

You may extend the insurance provided by

this policy to apply to your outdoor:

(1) Fences, signs (other than signs

attached to buildings), trees, shrubs

and plants caused by or resulting from

any of the following causes of loss:

(a) Fire;

(b) Lightning;

(c) Explosion;

(d) Riot or Civil Commotion; and

(e) Aircraft.

The most we will pay in any one

occurrence for direct physical loss or

physical damage, including debris

removal expense, under this Extension

is $10,000 but not more than $1,000

for any one tree, shrub or plant.

(2) Radio and television antennas

(including satellite dishes) caused by

or resulting from any of the following

causes of loss:

(a) Fire;

(b) Lightning;

(c) Windstorm;

(d) Ice, Snow, Sleet or Hail;

(e) Explosion;

(f) Riot or Civil Commotion; and

(g) Aircraft.

The most we will pay in any one

occurrence for direct physical loss or

physical damage, including debris

removal expense, under this Extension

is $2,000.

g. Personal Effects

You may extend the insurance that applies

to Business Personal Property to apply to

personal effects owned by you, your

officers, your partners, “managers”,

“members”, or your employees.

The most we will pay in any one

occurrence for physical loss or physical

damage under this Extension is $10,000 at

each "scheduled premises".

h. Property Off-Premises

(1) You may extend the insurance that

applies to Building to apply to such

property that is temporarily at a location

you do not own, lease or operate. This

Extension applies only if physical loss

or physical damage is caused by or

resulting from a Covered Cause of

Loss. This Extension does not apply to

property in course of transit.

The most we will pay in any one

occurrence under this coverage

extension is $5,000.

(2) You may extend the insurance that

applies to Business Personal Property

to apply to such property, other than

Accounts Receivable, "money" and

"securities" while:

(a) In the course of transit and more

than 1,000 feet from the "scheduled

premises". Property must be in or

on, but not permanently attached to

or installed in, a motor vehicle you

own, lease or operate while between

points in the coverage territory; or

(b) Temporarily at a premises you do

not own, lease or operate.

(c) At a premises owned, leased,

operated or used by you and the

Business Personal Property is a

vending machine.

(d) In or on, but not permanently

attached to or installed in, motor

vehicles operated by your

employees in the course of your

business operations.

(e) On temporary public display, or

while being used at fairs,

exhibitions, expositions, or trade

shows or while in transit to and

from these temporary sites.

The most we will pay in any one

occurrence under this Extension is

$2,500.

i. Valuable Papers and Records - Cost of

Research

You may extend the insurance that applies

to Business Personal Property to apply to

your costs to research, replace or restore

the lost information on lost or damaged

‘’valuable papers and records’’, for which

duplicates do not exist.

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SPECIAL PROPERTY COVERAGE FORM

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The most we will pay in any one

occurrence under this Extension is

$25,000 at each "scheduled premises". For

"valuable papers and records" not at the

"scheduled premises", including while in

transit, the most we will pay in any one

occurrence is $25,000.

B. EXCLUSIONS

1. We will not pay for loss or damage caused

directly or indirectly by any of the following.

Such loss or damage is excluded regardless of

any other cause or event that contributes

concurrently or in any sequence to the loss.

a. Earth Movement

(1) Earthquake, meaning a shaking or

trembling of the earth’s crust, caused

by underground tectonic forces

resulting in breaking, shifting, rising,

settling, sinking or lateral movement;

(2) Landslide, including any earth sinking,

rising or shifting related to such event;

(3) Mine subsidence, meaning subsidence

of a man-made mine, whether or not

mining activity has ceased;

(4) Earth sinking (other than sinkhole

collapse), rising or shifting including soil

conditions which cause settling, cracking

or other disarrangement of foundations

or other parts of realty. Soil conditions

include contraction, expansion, freezing,

thawing, erosion, improperly compacted

soil, and the action of water under the

ground surface;

But if Earth Movement, as described in

Paragraphs (1) through (4) above, results

in fire or explosion, we will pay for the

physical loss or physical damage caused

by that fire or explosion.

(5) Volcanic eruption, meaning the

eruption, explosion or effusion of a

volcano. But if physical loss or

physical damage by fire or volcanic

action results, we will pay for that

resulting physical damage.

Volcanic action means direct physical

loss or physical damage resulting from

the eruption of a volcano when the

physical loss or physical damage is

caused by:

(a) Airborne volcanic blast or airborne

shock waves;

(b) Ash, dust, or particulate matter; or

(c) Lava flow.

(d) All volcanic eruptions that occur

within any 168-hour period will

constitute a single occurrence.

Volcanic action does not include the cost

to remove ash, dust, or particulate

matter. That does not cause direct

physical loss or physical damage to

Covered Property.

b. 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 policy.

c. Nuclear Hazard

Nuclear reaction or radiation, or

radioactive contamination however

caused.

But if physical loss or physical damage by

fire results, we will pay for that resulting

physical loss or physical damage.

d. Power Failure

The failure of power or other utility service

supplied to the "scheduled premises",

however caused, if the failure occurs away

from the "scheduled premises". Failure

includes lack of sufficient capacity and

reduction in supply necessary to maintain

normal operations.

But if physical loss or physical damage by

a Covered Cause of Loss results, we will

pay for that resulting physical loss or

physical damage.

e. 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.

f. Water

(1) Flood, including the accumulation of

surface water, waves, tides, tidal

waves, overflow of streams or any

other bodies of water, or their spray, all

whether driven by wind or not;

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SPECIAL PROPERTY COVERAGE FORM

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(2) Mudslide or mud flow;

(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;

(b) Basements, whether paved or not;

or

(c) Doors, windows or other openings.

But if loss or damage by fire, explosion

or sprinkler leakage results, we will

pay for that resulting physical loss or

physical damage.

(5) Water damage caused by or resulting

from earthquake or volcanic eruption:

(a) Earthquake means a shaking or

trembling of the earth’s crust, caused

by underground tectonic forces

resulting in breaking, shifting, rising,

settling, sinking or lateral movement

or other movement;

(b) Volcanic eruption means the

eruption, explosion or effusion of a

volcano.

g. Neglect

Neglect of an insured to use all reasonable

means to save and preserve property from

further damage at and after the time of

loss.

2. We will not pay for physical loss or physical

damage caused by or resulting from:

a. Consequential Losses: Delay, loss of use

or loss of market.

b Smoke, Vapor, Gas: Smoke, vapor or gas

from agricultural smudging or industrial

operations.

c. Miscellaneous Types of Loss:

(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) Settling, cracking, shrinking or

expansion;

(5) Nesting or infestation, or discharge or

release of waste products or

secretions, by insects, birds, rodents,

mold, spore or other animals;

(6) 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 physical loss or physical damage by

the "specified causes of loss", building

glass breakage or Equipment Breakdown

Accident results, we will pay for that

resulting physical loss or physical damage.

d. Frozen Plumbing: Water, other liquids,

powder or molten material that leaks or

flows from plumbing, heating, air

conditioning or other equipment (except

fire protective systems) caused by or

resulting from freezing, unless:

(1) You do your best to maintain heat in

the building or structure; or

(2) You drain the equipment and shut off

the supply if the heat is not maintained.

e. Dishonesty: Dishonest or criminal act by

you, any of your partners, "members",

officers, "managers", employees, directors,

trustees, authorized representatives or

anyone to whom you entrust the property

for any purpose:

(1) Acting aloneor 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.

f. False Pretense: 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.

g. Exposed Property: Rain, snow, ice or

sleet to personal property in the open,

except as provided in the Coverage

Extension for Outdoor Property.

h. Collapse: Collapse, except as provided in

the Additional Coverage for Collapse. But if

loss or damage by a Covered Cause of Loss

results at the "scheduled premises", we will

pay for that resulting loss or damage.

i. Pollution: We will not pay for loss or

damage caused by or resulting from the

discharge, dispersal, seepage, migration,

release or escape of "pollutants and

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SPECIAL PROPERTY COVERAGE FORM

Page 18 of 25 Form SS 00 07 07 05

contaminants" unless the discharge,

dispersal, seepage, migration, release or

escape is itself caused by any of the

"specified causes of loss." But if physical

loss or physical damage by the "specified

causes of loss" results, we will pay for the

resulting physical loss or physical damage

caused by the "specified cause of loss."

3. We will not pay for loss or damage caused by or

resulting from any of the following. But if physical

loss or physical damage by a Covered Cause of

Loss results, we will pay for that resulting physical

lossor physical damage.

a. Weather conditions: Weather conditions.

This exclusion only applies if weather

conditions contribute in any way with a

cause or event excluded in paragraph 1.

above to produce the physical loss or

physical damage.

b. Acts or Decisions: Acts or decisions,

including the failure to act or decide, of any

person, group, organization or governmental

body.

c. Negligent Work: 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 "scheduled premises".

4. Business Income and Extra Expense

Exclusions. We will not pay for:

a. Any Extra Expense, or increase of Business

Income loss, caused by or resultingfrom:

(1) 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

(2) 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".

b. Any other consequential loss.

5. Equipment Breakdown Exclusion

We will not pay for physical loss or physical

damage caused by or resulting from any of the

following tests:

(a) A hydrostatic, pneumatic or gas pressure

test of any boiler or pressure vessel; or

(b) An insulation breakdown test of any type of

electrical equipment.

C. LIMITS OF INSURANCE

1. The most we will pay for physical loss or

physical damage in any one occurrence is the

applicable Limit of Insurance shown in the

Declarations.

2. The most we will pay for physical loss of or

physical damage to outdoor signs attached to

buildings is $5,000 per sign in any one

occurrence.

3. The limits applicable to:

a. Coverage Extensions; and

b. The following Additional Coverages:

(1) Accounts Receivable,

(2) Fire Department Service Charges,

(3) Fire Extinguisher Recharge, and

(4) "Pollutants and Contaminants” Clean

Up and Removal

are in addition to the Limits of Insurance.

4. Payments under the following Additional

Coverages will not increase the applicable

Limit of Insurance:

a. Preservation of Property; or

b. Debris Removal; but if:

(1) The sum of direct physical loss or

physical damage and Debris Removal

expense exceeds the Limit of

Insurance; or

(2) The Debris Removal expense exceeds

the amount payable under the 25%

limitation in the Debris Removal

Additional Coverage.

We will pay up to an additional $10,000 for

each location stated in the Declarations in

any one occurrence under the Debris

Removal Additional Coverage.

5. Building Limit - Automatic Increase

a. The Limit of Insurance for Buildings will

automatically increase annually by 8%.

b. The amount of increase will be:

(1) The Limit of Insurance for Buildings that

applied on the most recent of the policy

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inception date, policy anniversary date,

or the date of any other policy change

amending the Buildings limit, times

(2) The percentage of annual increase

shown above, expressed as a decimal

(.08); times

(3) The number of days since the beginning

of the current policy year or the effective

date of the most recent policy change

amending the Limit of Insurance for

Buildings, divided by 365.

Example: The applicable Limit of Insurance

for Buildings is $100,000. The annual

percentage increase is 8%. The number of

days since the beginning of the policy

period (or last policy change) is 146.

The amount of increase is:

$100,000 X .08 X 146 divided by 365 =

$3,200

6. Business Personal Property Limit -

Seasonal Increase

a. The Limit of Insurance for Business

Personal Property will automatically

increase by 25% to provide for seasonal

variations.

b. This increase will apply only if all Limits of

Insurance shown in the Declarations for

Business Personal Property at the

“scheduled premises” is at least 100% of

your average monthly values during the

lesser of:

(1) The 12 months immediately preceding

the date the physical loss or physical

damage occurs; or

(2) The period of time you have been in

business as of the date the physical

loss or physical damage occurs.

D. DEDUCTIBLES

1. We will not pay for physical loss or physical

damage in any one occurrence until the

amount of physical loss or physical 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. Except as otherwise listed, the deductible

applicable to Additional Coverages and

Coverage Extensions is the Special Property

Coverage Form is $250.

3. A $250 deductible applies to the following

Glass Coverages, unless Glass Coverage is

provided under a separate coverage form:

a. Building Glass

b. Glass Expense

c. Tenant Glass

4. Unless a separate deductible is shown in the

Declarations, the deductible applicable to the

following Additional Coverages or Coverage

Extensions is $250, whether the coverage is

provided under this coverage form, provided

on a separate coverage form or the coverage

is provided in a form that includes a package of

coverages, such as a Stretch endorsement:

a. Accounts Receivable;

b. Fine Arts

c. Outdoor Signs; and

d. "Valuable Papers and Records";

5. Unless a separate deductible is shown in the

Declarations, the deductible applicable to the

following Additional Coverages or Coverage

Extensions is $100, whether the coverage is

provided under this coverage form, provided

on a separate coverage form or the coverage

is provided in a form that includes a package of

coverages, such as a Stretch endorsement:

a. Employee Dishonesy; and

b. Temperature Change.

6. No deductible applies to the following Coverage

Extensions and Additional Coverages:

a. Fire Extinguisher Recharge;

b. Preservation of Property;

c. Fire Department Service Charge;

d. Business Income, Extra Expense, Civil

Authority and Extended Business Income;

e. Arson Reward; and

f. Lock and Key Replacement

6. The Deductible applicable to the following

Additional Coverages is the policy deductible

or the deductible shown in the Declarations for

the following coverage:

a. Equipment Breakdown;

b. Ordinance or Law Coverage; and

c. Leasehold Improvements.

7. Each deductible applicable to this policy shall be

applied separately but only to the coverage

specified, and the total deductible for all losses in

any one occurrence shall be the highest

deductible amount that applies to the occurrence.

E. PROPERTY LOSS CONDITIONS

1. Abandonment

There can be no abandonment of any property

to us.

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2. Appraisal

If we and you disagree on the amount of loss,

either may make written demand for an

appraisal of the loss. In that 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 amount of loss.

If they fail to agree, they will submit their

differences to the umpire. A decision agreed to

by any two will be binding. Each party will:

a. Pay its chosen appraiser; and

b. Bear the other expenses of the appraisal

and umpire equally.

If there is an appraisal, we will still retain our

right to deny the claim.

3. Duties In The Event Of Loss Or Damage

You must see that the following are done in the

event of loss of or damage to Covered Property:

a. Notify the police if a law may have been

broken.

b. Give us prompt notice of the physical loss

or physical damage. Include a description

of the property involved.

c. As soon as possible, give us description of

how, when and where the physical loss or

physical damage occurred.

d. Take all reseasonable steps to protect the

Covered Property from further damage by

a Covered Cause of Loss. If feasible, set

the damaged property aside in the best

possible order for examination. Also, keep

a record of your expenses for emergency

and temporary repairs, for consideration in

the settlement of the claim.

This will not increase the Limits of Insurance.

e. At our request, give us complete

inventories of the damaged and

undamaged property. Include quantities,

costs, values and amount of loss claimed.

f. Permit us to inspect the property and records

proving the loss or damage. Also permit us to

take samples of damaged property for

inspection, testing and analysis.

g. 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.

h. Send us a signed, sworn statement of loss

containing the information we request to

investigate the claim. You must do this

within 60 days after our request. We will

supply you with the necessary forms.

i. Cooperate with us in the investigation or

settlement of the claim.

j. Resume part or all of your "operations" as

quickly as possible.

4. Legal Action Against Us

No one may bring a legal action against us

under this insurance unless:

a. There has been full compliance with all of

the terms of this insurance; and

b. The action is brought within 2 years after

the date on which the direct physical loss

or physical damage occurred.

5. Loss Payment

In the event of physical loss or physical

damage covered by this policy:

a. At our option we will either:

(1) Pay the value of physically lost or

physically damaged property, as

described in paragraph d. below;

(2) Pay the cost of repairing or replacing

the physically lost or physically

damaged property, plus any reduction

in value of repaired items;

(3) Take all or any part of the property at

an agreed or appraised value; or

(4) Repair, rebuild or replace the property

with other property of like kind and

quality.

b. We will give notice of our intentions within

30 days after we receive the sworn

statement of loss.

c. We will not pay you more than your

financial interest in the Covered Property.

d. We will determine the value of Covered

Property as follows:

(1) At replacement cost (without deduction

for depreciation), except as provided in

(2) through (7) below.

(a) You may make a claim for physical

loss or physical 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 physical

loss or physical damage settled on

an actual cash value basis, you

may still make a claim on a

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replacement cost basis if you

notify us of your intent to do so

within 180 days after the physical

loss or physical damage.

(b) We will not pay on a replacement

cost basis for any physical loss or

physical damage:

(i) Until the physically lost or

physically damaged property

is actually repaired or

replaced; and

(ii) Unless the repairs or

replacement are made as

soon as reasonably possible

after the physical loss or

physical damage.

However, if the cost to repair or

replace the damaged property is

$2,500 or less, we will settle the

loss according to the provisions of

Paragraphs d.(1)(a) and d.(1)(b)

above whether or not the actual

repair or replacement is complete.

(c) We will not pay more for physical

loss or physical damage on a

replacement cost basis than the

least of:

(i) The cost to replace, on the

same premises, the physically

lost or physically damaged

property with other property of

comparable material and

quality and which is used for

the same purpose; or

(ii) The amount you actually

spend that is necessary to

repair or replace the physically

lost or physically damaged

property.

(2) If the Actual Cash Value - Buildings

option applies, as shown in the

Declarations, paragraph (1) above

does not apply to Buildings. Instead,

we will determine the value of

Buildings at actual cash value.

(3) The following property at actual cash

value:

(a) Manuscripts;

(b) Works of art, antiques or rare

articles, including etchings, pictures,

statuary, objects of marble, bronzes,

porcelains and bric-a-brac.

(c) Household contents, except

personal property in apartments or

rooms furnished by you as landlord.

(4) Glass at the cost of replacement with

safety glazing material if required by

law.

(5) “Tenants' Improvements and

Betterments” at:

(a) Replacement cost if you make

repairs promptly.

(b) A proportion of your original cost if

you do not make repairs promptly.

We will determine the proportionate

value as follows:

(i) Multiply the original cost by the

number of days from the

physical loss or physical

damage to the expiration of

the lease; and

(ii) Divide the amount determined

in (i) 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.

(c) Nothing, if others pay for repairs or

replacement.

(6) "Valuable Papers and Records", at the

cost of:

(a) Blank materials for reproducing the

records; and

(b) Labor to transcribe or copy the

records.

(7) "Money" and "Securities":

(a) "Money" at its face value; and

(b) "Securities" at their value at the

close of business on the day the

loss is discovered.

(8) The value of United States Government

Internal Revenue taxes and custom

duties and refundable state and local

taxes paid or fully determined on the

following property held for sale will not be

considered in determining the value of

Covered Property:

(a) Distilled spirits;

(b) Wines;

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SPECIAL PROPERTY COVERAGE FORM

Page 22 of 25 Form SS 00 07 07 05

(c) Rectified products; or

(d) Beer.

(9) Applicable to Accounts Receivable:

(a) If you can not accurately establish

the amount of the accounts

receivable outstanding as of the

time of physical loss or physical

damage the following method will

be used:

(i) Determine the total of the

average monthly value of

accounts receivable for 12

months immediately preceding

the month in which the direct

physical loss or physical

damage occurred; and

(ii) Adjust the total determined in

paragraph (i) above for any

normal fluctuations in the

value of accounts receivable

for the month in which the

direct physical loss or physical

damage occurred for any

demonstrated variance from

the average of that month.

(b) The following will be deducted

from the total value of accounts

receivable, however that value is

established:

(i) The value of the accounts for

which there is no physical loss

or physical damage;

(ii) The value of the accounts that

you are able to re-establish or

collect;

(ii) A value to allow for probable

bad debts that you are

normally unable to collect; and

(iv) All unearned interest and

services charged.

e. Our payment for physical loss of or

physical damage to personal property of

others will only be for the account of the

owners of the property. We may adjust

losses with the owners of physically lost or

physically damaged property if other than

you. If we pay the owners, such payment

will satisfy your claims against us for the

owners' property.

We will not pay the owners more than their

financial interest in the Covered Property.

f. We may elect to defend you against suits

arising from claims of owners of property.

We will do this at our expense.

g. We will pay for covered physical loss or

physical damage within 30 days after we

receive the sworn statement of loss, if:

(1) You have complied with all of the

terms of this policy; and

(2) (a) We have reached agreement with

you on the amount of loss, or

(b) An appraisal award has been made.

h. The following condition applies to any loss

payment for Extra Expense:

We will deduct from the total Extra

Expense to be paid:

(1) The salvage value that remains of any

property bought for temporary use

during the Period of Restoration, once

business operations are resumed; and

(2) Any Extra Expense that is paid for by

other insurance.

6. Recovered Property

If either you or we recover any property after

loss settlement, that party must give the other

prompt notice. At your option, you may retain

the property. But then you must 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

Limits of Insurance.

7. Resumption of Operations

In the event of physical loss or physical

damage at the "scheduled premises" you must

resume all or part of your "operations" as

quickly as possible.

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

"scheduled premises" or elsewhere.

b. Extra Expense loss to the extent you can

return "operations" to normal and

discontinue such Extra Expense.

8. Vacancy

a. Description of Terms

(1) As used in this Vacancy Condition, the

term building and the term vacant have

the meanings set forth in Paragraphs.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 50 of 157
SPECIAL PROPERTY COVERAGE FORM

Form SS 00 07 07 05 Page 23 of 25

(a) and (b) below:

(a) When this policy is issued to a

tenant, and with respect to that

tenant’s interest in Covered

Property, building means the unit

or suite rented or leased to the

tenant. Such building is vacant

when it does not contain enough

business personal property to

conduct customary operations.

(b) When this policy is issued to the

owner or general lessee of a

building, building means the entire

building. Such building is vacant

unless at least 31% of its total

square footage is:

(i) Rented to a lessee or sublessee and used by the lessee

or sub-lessee to conduct its

customary operations; and/or

(ii) Used by the building owner to

conduct customary operations.

(2) Buildings under construction or renovation

are not considered vacant.

b. Vacancy Provisions

If the building where physical loss or

physical damage occurs has been vacant

for more than 60 consecutive days before

that physical loss or physical damage

occurs:

(1) We will not pay for any physical loss or

physical damage caused by any of the

following even if they are Covered

Causes of Loss:

(a) Vandalism;

(b) Sprinkler leakage, unless you had

protected the system against

freezing;

(c) Building glass breakage;

(d) Water damage;

(e) Theft; or

(f) Attempted theft.

(2) With respect to Covered Causes of

Loss other than those listed in b.(1)(a)

through b.(1)(f) above, we will reduce

the amount we would otherwise pay for

the physical loss or physical damage

by 15%.

F. PROPERTY GENERAL CONDITIONS

1. Control of Property

Any act or neglect of any person other than

you beyond your direction or control will not

affect this insurance.

The breach of any condition of this Coverage

Form at one or more locations will not affect

coverage at any location where, at the time of

physical loss or physical damage, the breach

of condition does not exist.

2. Mortgage Holders

a. The term mortgage holder includes trustee.

b. We will pay for covered physical loss of or

physical damage to buildings or structures

to each mortgage holder shown in the

Declarations in their order of precedence,

as interests may appear.

c. 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.

d. If we deny your claim because of your acts

or because you have failed to comply with

the terms of this policy, the mortgage

holder will still have the right to receive

loss payment if the mortgage holder:

(1) Pays any premium due under this

policy at our request if you have failed

to do so;

(2) Submits a signed, sworn statement of

loss within 60 days after receiving notice

from us of your failure todo so; and

(3) 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 policy will then apply

directly to the mortgage holder.

e. If we pay the mortgage holder for any

physical loss or physical damage and deny

payment to you because of your acts or

because you have failed to comply with the

terms of this policy:

(1) The mortgage holder's rights under the

mortgage will be transferred to us to

the extent of the amount we pay; and

(2) The mortgage holder's rights to recover

the full amount of the mortgage holder's

claim will not beimpaired.

At our option, we may pay to the mortgage

holder the whole principal on the mortgage

plus any accrued interest. In this event,

your mortgage and note will be transferred

to us and you will pay your remaining

mortgage debt to us.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 51 of 157
SPECIAL PROPERTY COVERAGE FORM

Page 24 of 25 Form SS 00 07 07 05

f. If we cancel this policy, we will give written

notice to the mortgage holder at least:

(1) 10 days before the effective date of

cancellation if we cancel for your non

payment of premium; or

(2) 30 days before the effective date of

cancellation if we cancel for any other

reason.

g. If we elect not to renew this policy, we will

give written notice to the mortgage holder

at least 10 days before the expiration date

of this policy.

3. No Benefit to Bailee

No person or organization, other than you,

having custody of Covered Property will benefit

from this insurance.

4. Policy Period, Coverage Territory

Under this form:

a. We cover physical loss or physical

damage commencing:

(1) During the policy period shown in the

Declarations; and

(2) Within the coverage territory or, with

respect to property in transit, while it is

between points in the coverage

territory.

But we do not cover physical loss or

physical damage that is also covered by a

preceding policy.

b. The coverage territory is:

(1) The United States of America (including

its territories and possessions);

(2) Puerto Rico; and

(3) Canada.

5. Additional Conditions

The following conditions apply to paragraph

A.5.u., Forgery Additional Coverage:

a. We will treat mechanically reproduced

facsimile signatures the same as

handwritten signatures.

b. You must include with your proof of loss

any instrument involved in that loss, or, if

that is not possible, an affidavit setting

forth the amount and cause of loss.

c. The Coverage Territory is revised to cover

loss you sustain anywhere in the world.

G. PROPERTY DEFINITIONS

1. "Computer" means a programmable electronic

device that can store, retrieve and process

"data".

2. "Computer Equipment" means "computers",

"peripheral devices", "media", and manuals

that are purchased to be used in conjunction

with hardware and "software".

3. "Counterfeit" means an imitation of an actual

valid original which is intended to deceive and

to be taken as the original.

4. "Data" means information or facts stored in a

"computer’s" memory, on "software" or on

"media".

5. "Finished Stock" means stock you have

manufactured.

"Finished Stock" does not include stock you

have manufactured that is held for sale on the

premises of any retail outlet insured under this

policy.

6. "Manager" means a person serving in a

directorial capacity for a limited liability

company.

7. "Media" means the material used solely with

the "computer" or "peripheral device" upon

which "software" or "data" is stored, such as

tapes, CD-ROMs or disks.

8. "Member" means an owner of a limited liability

company represented by its membership

interest, who also may serve as a "manager".

9. “Messenger” means you, any any of your

partners or any employee while having care

and custody of the property outside your

premises.

10. "Money" means:

a. Currency, coins and bank notes whether or

not in current use; and

b. Travelers checks, registered checks and

money orders held for sale to the public.

11. "Operations" means your business activities

occurring at the "scheduled premises" and

tenantability of the "scheduled premises".

12. "Period of Restoration" means the period of

time that:

a. Begins with the date of direct physical loss

or physical damage caused by or resulting

from a Covered Cause of Loss at the

"scheduled premises", and

b. Ends on the date when:

(1) The property at the "scheduled

premises" should be repaired, rebuilt

or replaced with reasonable speed and

similar quality;

(2) The date when your business is

resumed at a new, permanent location.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 52 of 157
SPECIAL PROPERTY COVERAGE FORM

Form SS 00 07 07 05 Page 25 of 25

"Period of Restoration" does not include

any increased period required due to

enforcement of any law that:

a. Regulates the construction, use or repair,

or required the tearing down of any

property; or

b. Regulates the prevention, control, repair,

clean up or restoration of environmental

damage.

The expiration date of this policy will not cut

short the "period of restoration".

13. "Peripheral Device" means any physical unit

used to operate the "computer’ that cannot be

used for purposes other than as part of the

computer’s system, such as tape or disk

drives, printers, or modems.

14. "Perishable Stock" means personal property:

a. Maintained under controlled conditions for

its preservation; and

b. Susceptible to physical loss or physical

damage if the controlled conditions

change.

15. "Pollutants and Contaminants" means any

solid, liquid, gaseous or thermal irritant or

contaminant, including smoke, vapors, soot,

fumes, acids, alkalis, chemicals and waste, or

any other material which causes or threatens

to cause physical loss, physical damage,

impurity to property, unwholesomeness,

undesirability, loss of marketability, loss of use

of property, or which threatens human health

or welfare. Waste includes materials to be

recycled, reconditioned or reclaimed.

16. "Scheduled Premises" means any premises

listed by location address in the Scheduled

Premises section of the Declarations.

17. "Securities" means negotiable and

nonnegotiable instruments or contracts

representing either "money" or other property

and includes:

a. Tokens, tickets except Lottery Tickets,

revenue and other non-postage stamps

whether or not in current use; and

b. Evidences of debt issued in connection

with credit or charge cards, which are not

of your own issue;

but does not include "money."

18. "Software" means instructions or programs that

are stored on "media" and which instruct the

hardware as to how to process "data".

19. "Specified Cause of Loss" means the following:

Fire; lightning; explosion, windstorm or hail;

smoke; aircraft or vehicles; riot or civil

commotion; vandalism; leakage from fire

extinguishing equipment; sinkhole collapse;

volcanic action; falling objects; weight of snow,

ice or sleet; water damage.

a. Sinkhole collapse means the sudden

sinking or collapse of land into

underground empty spaces created by the

action of water on limestone or dolomite. It

does not include the cost of filling

sinkholes.

b. Falling objects does not include loss of or

damage to:

(1) Personal property in the open; or

(2) The interior of a building or structure,

or property inside a building or

structure, unless the roof or an outside

wall of the building or structure is first

damaged by a falling object.

c. Water damage means 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.

20. "Suit" means a civil proceeding and includes:

a. An arbitration proceeding in which

damages are claimed and to which you

must submit or do submit with our consent;

or

b. Any other alternative dispute resolution

proceeding in which damages are claimed

and to which you submit with our consent.

21. “Tenant Improvements and Betterments”

means fixtures, alterations, installations or

additions made a part of the Building you

occupy but do not own and that you cannot

legally remove; and

a. Which are made at your expense; or

b. That you acquired from the prior tenant at

your expense.

22. “Theft” means the act of stealing.

23. "Valuable papers and records" means

inscribed, printed or written documents,

manuscripts or records, including abstracts,

books, deeds, drawings, films, maps or

mortgages.

But "valuable papers and records" does not

mean "money" and "securities", "data" and

"software" or the materials on which the "data"

and "software" is recorded.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 53 of 157
Form SS 00 08 04 05

© 2005, The Hartford

BUSINESS LIABILITY COVERAGE FORM

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 54 of 157
Form SS 00 08 04 05

QUICK REFERENCE

BUSINESS LIABILITY COVERAGE FORM

READ YOUR POLICY CAREFULLY

BUSINESS LIABILITY COVERAGE FORM Beginning on Page

A. COVERAGES 1

Business Liability 1

Medical Expenses 2

Coverage Extension - Supplementary Payments 2

B. EXCLUSIONS 3

C. WHO IS AN INSURED 10

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE 14

E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15

1. Bankruptcy 15

2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15

3. Financial Responsibility Laws 16

4. Legal Action Against Us 16

5. Separation Of Insureds 16

6. Representations 16

7. Other Insurance 16

8. Transfer Of Rights Of Recovery Against Others To Us 17

F. OPTIONAL ADDITIONAL INSURED COVERAGES 18

Additional Insureds 18

G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 55 of 157
Form SS 00 08 04 05 Page 1 of 24

© 2005, The Hartford

BUSINESS LIABILITY COVERAGE FORM

Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what

is and is not covered.

Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words

"we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.

The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured.

Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And

Medical Expenses Definitions.

A. COVERAGES

1. BUSINESS LIABILITY COVERAGE (BODILY

INJURY, PROPERTY DAMAGE, PERSONAL

AND ADVERTISING INJURY)

Insuring Agreement

a. We will pay those sums that the insured

becomes legally obligated to pay as

damages because of "bodily injury",

"property damage" or "personal and

advertising injury" to which this insurance

applies. We will have the right and duty to

defend the insured against any "suit"

seeking those damages. However, we will

have no duty to defend the insured against

any "suit" seeking damages for "bodily

injury", "property damage" or "personal and

advertising injury" to which this insurance

does not apply.

We may, at our discretion, investigate any

"occurrence" or offense and settle any claim

or "suit" that may result. But:

(1) The amount we will pay for damages is

limited as described in Section D. -

Liability And Medical Expenses Limits

Of Insurance; and

(2) Our right and duty to defend ends when

we have used up the applicable limit of

insurance in the payment of judgments,

settlements or medical expenses 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 Coverage

Extension - Supplementary Payments.

b. This insurance applies:

(1) To "bodily injury" and "property

damage" only if:

(a) The "bodily injury" or "property

damage" is caused by an

"occurrence" that takes place in the

"coverage territory";

(b) The "bodily injury" or "property

damage" occurs during the policy

period; and

(c) Prior to the policy period, no insured

listed under Paragraph 1. of Section

C. – Who Is An Insured and no

"employee" authorized by you to give

or receive notice of an "occurrence"

or claim, knew that the "bodily injury"

or "property damage" had occurred,

in whole or in part. If such a listed

insured or authorized "employee"

knew, prior to the policy period, that

the "bodily injury" or "property

damage" occurred, then any

continuation, change or resumption

of such "bodily injury" or "property

damage" during or after the policy

period will be deemed to have been

known prior to the policy period.

(2) To "personal and advertising injury"

caused by an offense arising out of your

business, but only if the offense was

committed in the "coverage territory"

during the policy period.

c. "Bodily injury" or "property damage" will be

deemed to have been known to have

occurred at the earliest time when any

insured listed under Paragraph 1. of Section

C. – Who Is An Insured or any "employee"

authorized by you to give or receive notice

of an "occurrence" or claim:

(1) Reports all, or any part, of the "bodily

injury" or "property damage" to us or

any other insurer;

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 56 of 157
BUSINESS LIABILITY COVERAGE FORM

Page 2 of 24 Form SS 00 08 04 05

(2) Receives a written or verbal demand or

claim for damages because of the "bodily

injury" or "property damage"; or

(3) Becomes aware by any other means that

"bodily injury" or "property damage" has

occurred or has begun to occur.

d. 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".

e. Incidental Medical Malpractice

(1) "Bodily injury" arising out of the

rendering of or failure to render

professional health care services as a

physician, dentist, nurse, emergency

medical technician or paramedic shall

be deemed to be caused by an

"occurrence", but only if:

(a) The physician, dentist, nurse,

emergency medical technician or

paramedic is employed by you to

provide such services; and

(b) You are not engaged in the

business or occupation of providing

such services.

(2) For the purpose of determining the

limits of insurance for incidental medical

malpractice, any act or omission

together with all related acts or

omissions in the furnishing of these

services to any one person will be

considered one "occurrence".

2. MEDICAL EXPENSES

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;

(2) The expenses are incurred and reported

to us within three years 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 administered 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.

3. COVERAGE EXTENSION -

SUPPLEMENTARY PAYMENTS

a. We will pay, with respect to any claim or

"suit" we investigate or settle, or any "suit"

against an insured we defend:

(1) All expenses we incur.

(2) Up to $1,000 for the cost of bail bonds

required because of accidents or traffic

law violations arising out of the use of

any vehicle to which Business Liability

Coverage for "bodily injury" applies. We

do not have to furnish these bonds.

(3) The cost of appeal bonds or 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 $500 a day because of time off

from work.

(5) All costs taxed against the insured in

the "suit".

(6) Prejudgment 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 prejudgment 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.

Any amounts paid under (1) through (7)

above will not reduce the limits of insurance.

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BUSINESS LIABILITY COVERAGE FORM

Form SS 00 08 04 05 Page 3 of 24

b. If we defend an insured against a "suit"

and an indemnitee of the insured is also

named as a party to the "suit", we will

defend that indemnitee if all of the

following conditions are met:

(1) The "suit" against the indemnitee

seeks damages for which the insured

has assumed the liability of the

indemnitee in a contract or agreement

that is an "insured contract";

(2) This insurance applies to such liability

assumed by the insured;

(3) The obligation to defend, or the cost of

the defense of, that indemnitee, has

also been assumed by the insured in

the same "insured contract";

(4) The allegations in the "suit" and the

information we know about the

"occurrence" are such that no conflict

appears to exist between the interests

of the insured and the interest of the

indemnitee;

(5) The indemnitee and the insured ask

us to conduct and control the defense

of that indemnitee against such "suit"

and agree that we can assign the

same counsel to defend the insured

and the indemnitee; and

(6) The indemnitee:

(a) Agrees in writing to:

(i) Cooperate with us in the

investigation, settlement or

defense of the "suit";

(ii) Immediately send us copies of

any demands, notices,

summonses or legal papers

received in connection with

the "suit";

(iii) Notify any other insurer whose

coverage is available to the

indemnitee; and

(iv) Cooperate with us with

respect to coordinating other

applicable insurance available

to the indemnitee; and

(b) Provides us with written

authorization to:

(i) Obtain records and other

information related to the

"suit"; and

(ii) Conduct and control the

defense of the indemnitee in

such "suit".

So long as the aboveconditions are met,

attorneys' fees incurred by us in the

defense of that indemnitee, necessary

litigation expenses incurred by us and

necessary litigation expenses incurred

by the indemnitee at our request will be

paid as Supplementary Payments.

Notwithstanding the provisions of

Paragraph 1.b.(b) of Section B. –

Exclusions, such payments will not be

deemed to be damages for "bodily

injury" and "property damage" and will

not reduce the Limits of Insurance.

Our obligation to defend an insured's

indemnitee and to pay for attorneys' fees

and necessary litigation expenses as

Supplementary Payments ends when:

(1) We have used up the applicable limit

of insurance in the payment of

judgments or settlements; or

(2) The conditions set forth above, or the

terms of the agreement described in

Paragraph (6) above, are nolonger met.

B. EXCLUSIONS

1. Applicable To Business Liability Coverage

This insurance does not apply to:

a. Expected Or Intended Injury

(1) "Bodily injury" or "property damage"

expected or intended from the

standpoint of the insured. This

exclusion does not apply to "bodily

injury" or "property damage" resulting

from the use of reasonable force to

protect persons or property; or

(2) "Personal and advertising injury" arising

out of an offense committed by, at the

direction of or with the consent or

acquiescence of the insured with the

expectation of inflicting "personal and

advertising injury".

b. Contractual Liability

(1) "Bodily injury" or "property damage"; or

(2) "Personal and advertising injury"

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 because of:

(a) "Bodily injury", "property damage" or

"personal and advertising injury" that

the insured would have in the

absence of the contract or

agreement; or

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BUSINESS LIABILITY COVERAGE FORM

Page 4 of 24 Form SS 00 08 04 05

(b) "Bodily injury" or "property damage"

assumed in a contract or agreement

that is an "insured contract",

provided the "bodily injury" or

"property damage" occurs

subsequent to the execution of the

contract or agreement. Solely for

the purpose of liability assumed in

an "insured contract", reasonable

attorneys' fees and necessary

litigation expenses incurred by or for

a party other than an insured are

deemed to be damages because of

"bodily injury" or "property damage"

provided:

(i) Liability to such party for, or for

the cost of, that party’s defense

has also been assumed in the

same "insured contract", and

(ii) Such attorneys' fees and

litigation expenses are for

defense of that party against a

civil or alternative dispute

resolution proceeding in which

damages to which this

insurance applies are alleged.

c. Liquor Liability

"Bodily injury" or "property damage" for

which any insured may be held liable by

reason of:

(1) Causing or contributing to the

intoxication of any person;

(2) The furnishing of alcoholic beverages to

a person under the legal drinking age or

under the influence of alcohol; or

(3) Any statute, ordinance or regulation

relating to the sale, gift, distribution or

use of alcoholic beverages.

This exclusion applies only if you are in the

business of manufacturing, distributing,

selling, serving or furnishing alcoholic

beverages.

d. Workers' Compensation And Similar

Laws

Any obligation of the insured under a

workers' compensation, disability benefits

or unemployment compensation law or

any similar law.

e. Employer’s Liability

"Bodily injury" to:

(1) An "employee" of the insured arising

out of and in the course of:

(a) Employment by the insured; or

(b) Performing duties related to the

conduct of the insured’s business, or

(2) The spouse, child, parent, brother or

sister of that "employee" as a

consequence of (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. Pollution

(1) "Bodily injury", "property damage" or

"personal and advertising injury"

arising out of the actual, alleged or

threatened discharge, dispersal,

seepage, migration, release or escape

of "pollutants":

(a) At or from any premises, site or

location which is or was at any

time owned or occupied by, or

rented or loaned to any insured.

However, this subparagraph does

not apply to:

(i) "Bodily injury" if sustained within

a building and caused by

smoke, fumes, vapor or soot

produced by or originating from

equipment that is used to heat,

cool or dehumidify the building,

or equipment that is used to

heat water for personal use, by

the building's occupants or their

guests;

(ii) "Bodily injury" or "property

damage" for which you may be

held liable, if you are a

contractor and the owner or

lessee of such premises, site or

location has been added to your

policy as an additional insured

with respect to your ongoing

operations performed for that

additional insured at that

premises, site or location and

such premises, site or location

is not and never was owned or

occupied by, or rented or

loaned to, any insured, other

than that additional insured; or

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BUSINESS LIABILITY COVERAGE FORM

Form SS 00 08 04 05 Page 5 of 24

(iii) "Bodily injury" or "property

damage" arising out of heat,

smoke or fumes from a

"hostile fire";

(b) At or from any premises, site or

location which is or was at any

time used by or for any insured or

others for the handling, storage,

disposal, processing or treatment

of waste;

(c) Which are or were at any time

transported, handled, stored,

treated, disposed of, or processed

as waste by or for:

(i) Any insured; or

(ii) Any person or organization for

whom you may be legally

responsible;

(d) At or from any premises, site or

location on which any insured or

any contractors or subcontractors

working directly or indirectly on

any insured's behalf are

performing operations if the

"pollutants" are brought on or to

the premises, site or location in

connection with such operations

by such insured, contractor or

subcontractor. However, this

subparagraph does not apply to:

(i) "Bodily injury" or "property

damage" arising out of the

escape of fuels, lubricants or

other operating fluids which are

needed to perform the normal

electrical, hydraulic or

mechanical functions

necessary for the operation of

"mobile equipment" or its parts,

if such fuels, lubricants or other

operating fluids escape from a

vehicle part designed to hold,

store or receive them. This

exception does not apply if the

"bodily injury" or "property

damage" arises out of the

intentional discharge, dispersal

or release of the fuels,

lubricants or other operating

fluids, or if such fuels,

lubricants or other operating

fluids are brought on or to the

premises, site or location with

the intent that they be

discharged, dispersed or

released as part of the

operations being performed

by such insured, contractor or

subcontractor;

(ii) "Bodily injury" or "property

damage" sustained within a

building and caused by the

release of gases, fumes or

vapors from materials brought

into that building in connection

with operations being performed

by you or on your behalf by a

contractor or subcontractor; or

(iii) "Bodily injury" or "property

damage" arising out of heat,

smoke or fumes from a

"hostile fire"; or

(e) At or from any premises, site or

location on which any insured or any

contractors or subcontractors

working directly or indirectly on any

insured’s behalf are performing

operations if the operations are to

test for, monitor, clean up, remove,

contain, treat, detoxify or neutralize,

or in any way respond to, or assess

the effects of, "pollutants".

(2) Any loss, cost or expense arising out

of any:

(a) Request, demand, order or statutory

or regulatory requirement that any

insured or others test for, monitor,

clean up, remove, contain, treat,

detoxify or neutralize, or in any way

respond to, or assess the effects of,

"pollutants"; or

(b) Claim or suit by or on behalf of a

governmental authority for

damages because of testing for,

monitoring, cleaning up, removing,

containing, treating, detoxifying or

neutralizing, or in any way

responding to, or assessing the

effects of, "pollutants".

However, this paragraph does not

apply to liability for damages because

of "property damage" that the insured

would have in the absence of such

request, demand, order or statutory or

regulatory requirement, or such claim

or "suit" by or on behalf of a

governmental authority.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 60 of 157
BUSINESS LIABILITY COVERAGE FORM

Page 6 of 24 Form SS 00 08 04 05

g. Aircraft, Auto Or Watercraft

"Bodily injury" or "property damage" arising

out of the ownership, maintenance, use or

entrustment to others of any aircraft, "auto"

or watercraft owned or operated by or rented

or loaned to any insured. Use includes

operation and "loadingor unloading".

This exclusion applies even if the claims

against any insured allege negligence or

other wrongdoing in the supervision, hiring,

employment, training or monitoring of others

by that insured, if the "occurrence" which

caused the "bodily injury" or "property

damage" involved the ownership,

maintenance, use or entrustment to others of

any aircraft, "auto" or watercraft that is

owned or operated by or rented or loaned to

any insured.

This exclusion does not apply to:

(1) A watercraft while ashore on premises

you own or rent;

(2) A watercraft you do not own that is:

(a) Less than 51 feet long; and

(b) Not being used to carry persons

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;

(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"; or

(6) An aircraft that is not owned by any

insured and is hired, chartered or loaned

with a paid crew. However, this

exception does not apply if the insured

has any other insurance for such "bodily

injury" or "property damage", whether

the other insurance is primary, excess,

contingent or on any other basis.

h. Mobile Equipment

"Bodily injury" or "property damage"

arising out of:

(1) The transportation of "mobile equipment"

by an "auto" owned or operated by or

rented or loaned to any insured; or

(2) The use of "mobile equipment" in, or

while in practice or preparation for, a

prearranged racing, speed or

demolition contest or in any stunting

activity.

i. War

"Bodily injury", "property damage" or

"personal and advertising injury", however

caused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil war;

(2) Warlike action by a military force,

including action in hindering or

defending against an actual or

expected attack, by any 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.

j. Professional Services

"Bodily injury", "property damage" or

"personal and advertising injury" arising

out of the rendering of or failure to render

any professional service. This includes

but is not limited to:

(1) Legal, accounting or advertising

services;

(2) Preparing, approving, or failing to

prepare or approve maps, shop

drawings, opinions, reports, surveys,

field orders, change orders, designs or

drawings andspecifications;

(3) Supervisory, inspection, architectural

or engineering activities;

(4) Medical, surgical, dental, x-ray or

nursing services treatment, advice or

instruction;

(5) Any health or therapeutic service

treatment, advice or instruction;

(6) Any service, treatment, advice or

instruction for the purpose of

appearance or skin enhancement, hair

removal or replacement or personal

grooming;

(7) Optical or hearing aid services

including the prescribing, preparation,

fitting, demonstration or distribution of

ophthalmic lenses and similar

products or hearing aid devices;

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BUSINESS LIABILITY COVERAGE FORM

Form SS 00 08 04 05 Page 7 of 24

(8) Optometry or optometric services

including but not limited to examination

of the eyes and the prescribing,

preparation, fitting,demonstration or

distribution of ophthalmic lenses and

similar products;

(9) Any:

(a) Body piercing (not including ear

piercing);

(b) Tattooing, including but not limited

to the insertion of pigments into or

under the skin; and

(c) Similar services;

(10) Services in the practice of pharmacy;

and

(11) Computer consulting, design or

programming services, including web

site design.

Paragraphs (4) and (5) of this exclusion do

not apply to the Incidental Medical

Malpractice coverage afforded under

Paragraph 1.e. in Section A. - Coverages.

k. Damage To Property

"Property damage" to:

(1) Property you own, rent or occupy,

including any costs or expenses

incurred by you, or any other person,

organization or entity, for repair,

replacement, enhancement,

restoration or maintenance of such

property for any reason, including

prevention of injury to a person or

damage to another's property;

(2) Premises you sell, give away or

abandon, if the "property damage" arises

out of any part of those premises;

(3) Property loaned to you;

(4) Personal property in the care, custody

or control of the insured;

(5) That particular part of real property on

which you or any contractors or

subcontractors working directly or

indirectly on your behalf are performing

operations, if the "property damage"

arises out of those operations; or

(6) That particular part of any property

that must be restored, repaired or

replaced because "your work" was

incorrectly performed on it.

Paragraphs (1), (3) and (4) of this

exclusion do not apply to "property

damage" (other than damage by fire) to

premises, including the contents of such

premises, rented to you for a period of 7 or

fewer consecutive days. A separate Limit

of Insurance applies to Damage To

Premises Rented To You as described in

Section D. - Limits Of Insurance.

Paragraph (2) of this exclusion does not

apply if the premises are "your work" and

were never occupied, rented or held for

rental by you.

Paragraphs (3) and (4) of this exclusion do

not apply to the use of elevators.

Paragraphs (3), (4), (5) and (6) of this

exclusion do not apply to liability assumed

under a sidetrack agreement.

Paragraphs (3) and (4) of this exclusion do

not apply to "property damage" to

borrowed equipment while not being used

to perform operations at a job site.

Paragraph (6) of this exclusion does not

apply to "property damage" included in the

"products-completed operations hazard".

l. Damage To Your Product

"Property damage" to "your product"

arising out of it or any part of it.

m. Damage To Your Work

"Property damage" to "your work" arising

out of it or any part of it and included in the

"products-completed operations hazard".

This exclusion does not apply if the

damaged work or the work out of which

the damage arises was performed on your

behalf by a subcontractor.

n. Damage To Impaired Property Or

Property Not Physically Injured

"Property damage" to "impaired property"

or property that has not been physically

injured, arising out of:

(1) A defect, deficiency, inadequacy or

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.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 62 of 157
BUSINESS LIABILITY COVERAGE FORM

Page 8 of 24 Form SS 00 08 04 05

o. Recall Of Products, Work Or Impaired

Property

Damages claimed for any loss, cost or

expense incurred by you or others for the

loss of use, withdrawal, recall, inspection,

repair, 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.

p. Personal And Advertising Injury

"Personal and advertising injury":

(1) Arising out of oral, written or electronic

publication of material, if done by or at

the direction of the insured with

knowledge of its falsity;

(2) Arising out of oral, written or electronic

publication of material whose first

publication took place before the

beginning of the policy period;

(3) Arising out of a criminal act committed

by or at the direction of the insured;

(4) Arising out of any breach of contract,

except an implied contract to use

another’s "advertising idea" in your

"advertisement";

(5) Arising out of the failure of goods,

products or services to conform with

any statement of quality or

performance made in your

"advertisement";

(6) Arising out of the wrong description of

the price of goods, products or services;

(7) Arising out of any violation of any

intellectual property rights such as

copyright, patent, trademark, trade

name, trade secret, service mark or

other designation of origin or

authenticity.

However, this exclusion does not

apply to infringement, in your

"advertisement", of

(a) Copyright;

(b) Slogan, unless the slogan is also

a trademark, trade name, service

mark or other designation of origin

or authenticity; or

(c) Title of any literary or artistic work;

(8) Arising out of an offense committed by

an insured whose business is:

(a) Advertising, broadcasting,

publishing or telecasting;

(b) Designing or determining content

of web sites for others; or

(c) An Internet search, access,

content or service provider.

However, this exclusion does not

apply to Paragraphs a., b. and c.

under the definition of "personal and

advertising injury" in Section G. –

Liability And Medical Expenses

Definitions.

For the purposes of this exclusion,

placing an "advertisement" for or

linking to others on your web site, by

itself, is not considered the business

of advertising, broadcasting,

publishing or telecasting;

(9) Arising out of an electronic chat room

or bulletin board the insured hosts,

owns, or over which the insured

exercises control;

(10) Arising out of the unauthorized use of

another's name or product in your e-mail

address, domain name or metatags, or

any other similar tactics to mislead

another's potential customers;

(11) Arising out of the violation of a

person's right of privacy created by

any state or federal act.

However, this exclusion does not

apply to liability for damages that the

insured would have in the absence of

such state or federal act;

(12) Arising out of:

(a) An "advertisement" for others on

your web site;

(b) Placing a link to a web site of

others on your web site;

(c) Content from a web site of others

displayed within a frame or border

on your web site. Content includes

information, code, sounds, text,

graphics or images; or

(d) Computer code, software or

programming used to enable:

(i) Your web site; or

(ii) The presentation or functionality

of an "advertisement" or other

content on your web site;

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Form SS 00 08 04 05 Page 9 of 24

(13) Arising out of a violation of any antitrust law;

(14) Arising out of the fluctuation in price or

value of any stocks, bonds or other

securities; or

(15) Arising out of discrimination or

humiliation committed by or at the

direction of any "executive officer",

director, stockholder, partner or

member of the insured.

q. Electronic Data

Damages arising out of the loss of, loss of

use of, damage to, corruption of, inability

to access, or inability to manipulate

"electronic data".

r. Employment-Related Practices

"Bodily injury" or "personal and advertising

injury" to:

(1) A person arising out of any:

(a) Refusal to employ that person;

(b) Termination of that person's

employment; or

(c) Employment-related practices,

policies, acts or omissions, such as

coercion, demotion, evaluation,

reassignment, discipline,

defamation, harassment, humiliation

or discrimination directed at that

person; or

(2) The spouse, child, parent, brother or

sister of that person as a

consequence of "bodily injury" or

"personal and advertising injury" to the

person at whom any of the

employment-related practices

described in Paragraphs (a), (b), or (c)

above is directed.

This exclusion applies:

(1) Whether the 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.

s. Asbestos

(1) "Bodily injury", "property damage" or

"personal and advertising injury"

arising out of the "asbestos hazard".

(2) Any damages, judgments, settlements,

loss, costs or expenses that:

(a) May be awarded or incurred by

reason of any claim or suit

alleging actual or threatened injury

or damage of any nature or kind to

persons or property which would

not have occurred in whole or in

part but for the "asbestos hazard";

(b) Arise out of any request, demand,

order or statutory or regulatory

requirement that any insured or

others test for, monitor, clean up,

remove, encapsulate, contain,

treat, detoxify or neutralize or in

any way respond to or assess the

effects of an "asbestos hazard"; or

(c) Arise out of any claim or suit for

damages because of testing for,

monitoring, cleaning up, removing,

encapsulating, containing, treating,

detoxifying or neutralizing or in any

way responding to or assessing the

effects of an "asbestos hazard".

t. Violation Of Statutes That Govern EMails, Fax, Phone Calls Or Other

Methods Of Sending Material Or

Information

"Bodily injury", "property damage", or

"personal and advertising injury" arising

directly or indirectly out of any action or

omission that violates or is alleged to

violate:

(1) The Telephone Consumer Protection

Act (TCPA), including any amendment

of or addition to such law;

(2) The CAN-SPAM Act of 2003, including

any amendment of or addition to such

law; or

(3) Any statute, ordinance or regulation,

other than the TCPA or CAN-SPAM Act

of 2003, that prohibits or limits the

sending, transmitting, communicating or

distribution of material or information.

Damage To Premises Rented To You –

Exception For Damage By Fire, Lightning

or Explosion

Exclusions c. through h. and k. through o. do

not apply to damage by fire, lightning or

explosion to premises rented to you or

temporarily occupied by you with permission of

the owner. A separate Limit of Insurance

applies to this coverage as described in

Section D. - Liability And Medical Expenses

Limits Of Insurance.

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BUSINESS LIABILITY COVERAGE FORM

Page 10 of 24 Form SS 00 08 04 05

2. Applicable To Medical Expenses Coverage

We will not pay expenses for "bodily injury":

a. Any Insured

To any insured, except "volunteer workers".

b. Hired Person

To a person hired to do work for or on behalf

of any insuredor a tenant of any insured.

c. Injury On Normally Occupied Premises

To a person injured on that part of

premises you own or rent that the person

normally occupies.

d. Workers' Compensation And Similar

Laws

To a person, whether or not an

"employee" of any insured, if benefits for

the "bodily injury" are payable or must be

provided under a workers' compensation

or disability benefits law or a similar law.

e. Athletics Activities

To a person injured while practicing,

instructing or participating in any physical

exercises or games, sports or athletic

contests.

f. Products-Completed Operations Hazard

Included with the "products-completed

operations hazard".

g. Business Liability Exclusions

Excluded under BusinessLiability Coverage.

C. WHO IS AN INSURED

1. If you are designated in the Declarations as:

a. An individual, you and your spouse are

insureds, but only with respect to the

conduct of a 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. A limited liability company, you are an

insured. Your members are also insureds,

but only with respect to the conduct of your

business. Your managers are insureds, but

only with respect to their duties as your

managers.

d. An organization other than a partnership,

joint venture or limited liability company, you

are an insured. Your "executive officers" and

directors are insureds, but only with respect

to their duties as your officers or directors.

Your stockholders are also insureds, but only

with respect to their liability as stockholders.

e. A trust, you are an insured. Your trustees

are also insureds, but only with respect to

their duties as trustees.

2. Each of the following is also an insured:

a. Employees And Volunteer Workers

Your "volunteer workers" only while

performing duties related to the conduct of

your business, or your "employees", other

than either your "executive officers" (if you

are an organization other than a

partnership, joint venture or limited liability

company) or your managers (if you are a

limited liability company), but only for acts

within the scope of their employment by

you or while performing duties related to

the conduct of your business.

However, none of these "employees" or

"volunteer workers" are insureds for:

(1) "Bodily injury" or "personal and

advertising injury":

(a) To you, to your partners or

members (if you are a partnership

or joint venture), to your members

(if you are a limited liability

company), or to a co-"employee"

while in the course of his or her

employment or performing duties

related to the conduct of your

business, or to your other

"volunteer workers" while

performing duties related to the

conduct of your business;

(b) To the spouse, child, parent,

brother or sister of that co-

"employee" or that "volunteer

worker" as a consequence of

Paragraph (1)(a) above;

(c) For which there is any obligation

to share damages with or repay

someone else who must pay

damages because of the injury

described in Paragraphs (1)(a) or

(b) above; or

(d) Arising out of his or her providing

or failing to provide professional

health care services.

If you are not in the business of

providing professional health care

services, Paragraph (d) does not apply

to any nurse, emergency medical

technician or paramedic employed by

you to provide such services.

(2) "Property damage" to property:

(a) Owned, occupied or used by,

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BUSINESS LIABILITY COVERAGE FORM

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(b) Rented to, in the care, custody or

control of, or over which physical

control is being exercised for any

purpose by you, any of your

"employees", "volunteer workers",

any partner or member (if you are

a partnership or joint venture), or

any member (if you are a limited

liability company).

b. Real Estate Manager

Any person (other than your "employee" or

"volunteer worker"), or any organization

while acting as your real estate manager.

c. Temporary Custodians Of Your

Property

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

(2) Until your legal representative has

been appointed.

d. Legal Representative If You Die

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 insurance.

e. Unnamed Subsidiary

Any subsidiary and subsidiary thereof, of

yours which is a legally incorporated entity

of which you own a financial interest of

more than 50% of the voting stock on the

effective date of this Coverage Part.

The insurance afforded herein for any

subsidiary not shown in the Declarations

as a named insured does not apply to

injury or damage with respect to which an

insured under this insurance is also an

insured under another policy or would be

an insured under such policy but for its

termination or upon the exhaustion of its

limits of insurance.

3. Newly Acquired Or Formed Organization

Any organization you newly acquire or form,

other than a partnership, joint venture or

limited liability company, and over which you

maintain financial interest of more than 50% of

the voting stock, will qualify as a Named

Insured if there is no other similar insurance

available to that organization. However:

a. Coverage under this provision is afforded

only until the 180th day after you acquire

or form the organization or the end of the

policy period, whichever is earlier; and

b. Coverage under this provision does not

apply to:

(1) "Bodily injury" or "property damage"

that occurred; or

(2) "Personal and advertising injury"

arising out of an offense committed

before you acquired or formed the

organization.

4. Operator Of Mobile Equipment

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

withrespect 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.

5. Operator of Nonowned Watercraft

With respect to watercraft you do not own that

is less than 51 feet long and is not being used

to carry persons for a charge, any person is an

insured while operating such watercraft 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 watercraft, 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 operating the watercraft; 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.

6. Additional Insureds When Required By

Written Contract, Written Agreement Or

Permit

The person(s) or organization(s) identified in

Paragraphs a. through f. below are additional

insureds when you have agreed, in a written

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contract, written agreement or because of a

permit issued by a state or political

subdivision, that such person or organization

be added as an additional insured on your

policy, provided the injury or damage occurs

subsequent to the execution of the contract or

agreement, or the issuance of the permit.

A person or organization is an additional

insured under this provision only for that

period of time required by the contract,

agreement or permit.

However, no such person or organization is an

additional insured under this provision if such

person or organization is included as an

additional insured by an endorsement issued

by us and made a part of this Coverage Part,

including all persons or organizations added

as additional insureds under the specific

additional insured coverage grants in Section

F. – Optional Additional Insured Coverages.

a. Vendors

Any person(s) or organization(s) (referred to

below as vendor), but only with respect to

"bodily injury" or "property damage" arising

out of "your products" which are distributed

or sold in the regular course of the vendor's

business and only if this Coverage Part

provides coverage for "bodily injury" or

"property damage" included within the

"products-completed operations hazard".

(1) The insurance afforded to the vendor

is subject to the following additional

exclusions:

This insurance does not apply to:

(a) "Bodily injury" or "property

damage" for which the vendor 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 that the

vendor would have in the absence

of the contract or agreement;

(b) Any express warranty

unauthorized by you;

(c) Any physical or chemical change

in the product made intentionally

by the vendor;

(d) Repackaging, except when

unpacked solely for the purpose of

inspection, demonstration, testing,

or the substitution of parts under

instructions from the manufacturer,

and then repackaged in the

original container;

(e) Any failure to make such

inspections, adjustments, tests or

servicing as the vendor has

agreed to make or normally

undertakes to make in the usual

course of business, in connection

with the distribution or sale of the

products;

(f) Demonstration, installation,

servicing or repair operations,

except such operations performed

at the vendor's premises in

connection with the sale of the

product;

(g) Products which, after distribution

or sale by you, have been labeled

or relabeled or used as a

container, part or ingredient of any

other thing or substance by or for

the vendor; or

(h) "Bodily injury" or "property

damage" arising out of the sole

negligence of the vendor for its

own acts or omissions or those of

its employees or anyone else

acting on its behalf. However, this

exclusion does not apply to:

(i) The exceptions contained in

Subparagraphs (d) or (f); or

(ii) Such inspections, adjustments,

tests or servicing as the vendor

has agreed to make or normally

undertakes to make in the usual

course of business, in

connection with the distribution

or sale of the products.

(2) This insurance does not apply to any

insured person or organization from

whom you have acquired such products,

or any ingredient, part or container,

entering into, accompanying or

containing such products.

b. Lessors Of Equipment

(1) Any person or organization from

whom you lease equipment; but only

with respect to their liability for "bodily

injury", "property damage" or

"personal and advertising injury"

caused, in whole or in part, by your

maintenance, operation or use of

equipment leased to you by such

person or organization.

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(2) With respect to the insurance afforded

to these additional insureds, this

insurance does not apply to any

"occurrence" which takes place after

you cease to lease that equipment.

c. Lessors Of Land Or Premises

(1) Any person or organization from

whom you lease land or premises, but

only with respect to liability arising out

of the ownership, maintenance or use

of that part of the land or premises

leased to you.

(2) With respect to the insurance afforded

to these additional insureds, this

insurance does not apply to:

(a) Any "occurrence" which takes

place after you cease to lease that

land or be a tenant in that

premises; or

(b) Structural alterations, new

construction or demolition

operations performed by or on

behalf of such person or

organization.

d. Architects, Engineers Or Surveyors

(1) Any architect, engineer, or surveyor, but

only with respect to liability for "bodily

injury", "property damage" or "personal

and advertising injury" caused, in whole

or in part, by your acts or omissions or

the acts or omissions of those acting on

your behalf:

(a) In connection with your premises;

or

(b) In the performance of your

ongoing operations performed by

you or on your behalf.

(2) With respect to the insurance afforded

to these additional insureds, the

following additional exclusion applies:

This insurance does not apply to

"bodily injury", "property damage" or

"personal and advertising injury"

arising out of the rendering of or the

failure to render any professional

services by or for you, including:

(a) The preparing, approving, or

failure to prepare or approve,

maps, shop drawings, opinions,

reports, surveys, field orders,

change orders, designs or

drawings and specifications; or

(b) Supervisory, inspection,

architectural or engineering

activities.

e. Permits Issued By State Or Political

Subdivisions

(1) Any state or political subdivision, but

only with respect to operations

performed by you or on your behalf for

which the state or political subdivision

has issued a permit.

(2) With respect to the insurance afforded

to these additional insureds, this

insurance does not apply to:

(a) "Bodily injury", "property damage"

or "personal and advertising

injury" arising out of operations

performed for the state or

municipality; or

(b) "Bodily injury" or "property damage"

included within the "productscompleted operations hazard".

f. Any Other Party

(1) Any other person or organization who

is not an insured under Paragraphs a.

through e. above, but only with

respect to liability for "bodily injury",

"property damage" or "personal and

advertising injury" caused, in whole or

in part, by your acts or omissions or

the acts or omissions of those acting

on your behalf:

(a) In the performance of your

ongoing operations;

(b) In connection with your premises

owned by or rented to you; or

(c) In connection with "your work" and

included within the "productscompleted operations hazard", but

only if

(i) The written contract or written

agreement requires you to

provide such coverage to

such additional insured; and

(ii) This Coverage Part provides

coverage for "bodily injury" or

"property damage" included

within the "productscompleted operations hazard".

(2) With respect to the insurance afforded

to these additional insureds, this

insurance does not apply to:

"Bodily injury", "property damage" or

"personal and advertising injury"

arising out of the rendering of, or the

failure to render, any professional

architectural, engineering or surveying

services, including:

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(a) The preparing, approving, or

failure to prepare or approve,

maps, shop drawings, opinions,

reports, surveys, field orders,

change orders, designs or

drawings and specifications; or

(b) Supervisory, inspection,

architectural or engineering

activities.

The limits of insurance that apply to additional

insureds are described in Section D. – Limits

Of Insurance.

How this insurance applies when other

insurance is available to an additional insured

is described in the Other Insurance Condition

in Section E. – Liability And Medical Expenses

General Conditions.

No person or organization is an insured with

respect to the conduct of any current or past

partnership, joint venture or limited liability

company that is not shown as a Named Insured in

the Declarations.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay

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. Aggregate Limits

The most we will pay for:

a. Damages because of "bodily injury" and

"property damage" included in the

"products-completed operations hazard" is

the Products-Completed Operations

Aggregate Limit shown in the

Declarations.

b. Damages because of all other "bodily

injury", "property damage" or "personal

and advertising injury", including medical

expenses, is the General Aggregate Limit

shown in the Declarations.

This General Aggregate Limit applies

separately to each of your "locations"

owned by or rented to you.

"Location" means premises involving the

same or connecting lots, or premises

whose connection is interrupted only by a

street, roadway or right-of-way of a

railroad.

This General Aggregate limit does not

apply to "property damage" to premises

while rented to you or temporarily

occupied by you with permission of the

owner, arising out of fire, lightning or

explosion.

3. Each Occurrence Limit

Subject to 2.a. or 2.b above, whichever

applies, the most we will pay for the sum of all

damages because of all "bodily injury",

"property damage" and medical expenses

arising out of any one "occurrence" is the

Liability and Medical Expenses Limit shown in

the Declarations.

The most we will pay for all medical expenses

because of "bodily injury" sustained by any

one person is the Medical Expenses Limit

shown in the Declarations.

4. Personal And Advertising Injury Limit

Subject to 2.b. above, the most we will pay for

the sum of all damages because of all

"personal and advertising injury" sustained by

any one person or organization is the Personal

and Advertising Injury Limit shown in the

Declarations.

5. Damage To Premises Rented To You Limit

The Damage To Premises Rented To You

Limit is the most we will pay under Business

Liability Coverage for damages because of

"property damage" to any one premises, while

rented to you, or in the case of damage by fire,

lightning or explosion, while rented to you or

temporarily occupied by you with permission of

the owner.

In the case of damage by fire, lightning or

explosion, the Damage to Premises Rented To

You Limit applies to all damage proximately

caused by the same event, whether such

damage results from fire, lightning or explosion

or any combination of these.

6. How Limits Apply To Additional Insureds

The most we will pay on behalf of a person or

organization who is an additional insured

under this Coverage Part is the lesser of:

a. The limits of insurance specified in a

written contract, written agreement or

permit issued by a state or political

subdivision; or

b. The Limits of Insurance shown in the

Declarations.

Such amount shall be a part of and not in

addition to the Limits of Insurance shown in

the Declarations and described in this Section.

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If more than one limit of insurance under this

policy and any endorsements attached thereto

applies to any claim or "suit", the most we will pay

under this policy and the endorsements is the

single highest limit of liability of all coverages

applicable to such claim or "suit". However, this

paragraph does not apply to the Medical Expenses

limit set forth in Paragraph 3. above.

The Limits of Insurance of this Coverage Part 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 part of the last preceding period for purposes

of determining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy

Bankruptcy or insolvency of the insured or of

the insured's estate will not relieve us of our

obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,

Offense, Claim Or Suit

a. Notice Of Occurrence Or Offense

You or any additional insured must see to

it that we are notified as soon as

practicable of an "occurrence" or an

offense which may result in a claim. To

the extent possible, notice should include:

(1) How, when and where the "occurrence"

or offense took place;

(2) The names and addresses of any

injured persons and witnesses; and

(3) The nature and location of any injury

or damage arising out of the

"occurrence" or offense.

b. Notice Of Claim

If a claim is made or "suit" is brought

against any insured, you or any additional

insured must:

(1) Immediately record the specifics of the

claim or "suit" and the date received;

and

(2) Notify us as soon as practicable.

You or any additional insured must see to

it that we receive a written notice of the

claim or "suit" as soon as practicable.

c. Assistance And Cooperation Of The

Insured

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 of the claim or defense

against the "suit"; and

(4) Assist us, upon our request, in the

enforcement of any right against any

person or organization that may be

liable to the insured because of injury

or damage to which this insurance

may also apply.

d. Obligations At The Insured's Own Cost

No insured will, except at that insured's own

cost, voluntarily make a payment, assume

any obligation, or incur any expense, other

than for first aid, without our consent.

e. Additional Insured's Other Insurance

If we cover a claim or "suit" under this

Coverage Part that may also be covered

by other insurance available to an

additional insured, such additional insured

must submit such claim or "suit" to the

other insurer for defense and indemnity.

However, this provision does not apply to

the extent that you have agreed in a

written contract, written agreement or

permit that this insurance is primary and

non-contributory with the additional

insured's own insurance.

f. Knowledge Of An Occurrence, Offense,

Claim Or Suit

Paragraphs a. and b. apply to you or to

any additional insured only when such

"occurrence", offense, claim or "suit" is

known to:

(1) You or any additional insured that is

an individual;

(2) Any partner, if you or an additional

insured is a partnership;

(3) Any manager, if you or an additional

insured is a limited liability company;

(4) Any "executive officer" or insurance

manager, if you or an additional

insured is a corporation;

(5) Any trustee, if you or an additional

insured is a trust; or

(6) Any elected or appointed official, if you

or an additional insured is a political

subdivision or public entity.

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This Paragraph f. applies separately to

you and any additional insured.

3. Financial Responsibility Laws

a. When this policy is certified as proof of

financial responsibility for the future under

the provisions of any motor vehicle

financial responsibility law, the insurance

provided by the policy for "bodily injury"

liability and "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

coverage required by any motor vehicle

law. We will provide the required limits for

those coverages.

4. Legal Action Against Us

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; but we will not be liable for

damages that are not payable under the terms of

this insurance 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.

5. Separation Of Insureds

Except with respect to the Limits of Insurance,

and any rights or duties specifically assigned

in this policy to the first Named Insured, this

insurance applies:

a. As if each Named Insured were the only

Named Insured; and

b. Separately to each insured against whom

a claim is made or "suit" is brought.

6. Representations

a. When You Accept This Policy

By accepting this policy, you agree:

(1) The statements in the Declarations

are accurate and complete;

(2) Those statements are based upon

representations you made to us; and

(3) We have issued this policy in reliance

upon your representations.

b. Unintentional Failure To Disclose

Hazards

If unintentionally you should fail to disclose

all hazards relating to the conduct of your

business at the inception date of this

Coverage Part, we shall not deny any

coverage under this Coverage Part

because of such failure.

7. Other Insurance

If other valid and collectible insurance is

available for a loss we cover under this

Coverage Part, our obligations are limited as

follows:

a. Primary Insurance

This insurance is primary except when b.

below applies. If other insurance is also

primary, 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) Your Work

That is Fire, Extended Coverage,

Builder's Risk, Installation Risk or

similar coverage for "your work";

(2) Premises Rented To You

That is fire, lightning or explosion

insurance for premises rented to you

or temporarily occupied by you with

permission of the owner;

(3) Tenant Liability

That is insurance purchased by you to

cover your liability as a tenant for

"property damage" to premises rented

to you or temporarily occupied by you

with permission of the owner;

(4) Aircraft, Auto Or Watercraft

If the loss arises out of the maintenance

or use of aircraft, "autos" or watercraft to

the extent not subject to Exclusion g. of

Section A. – Coverages.

(5) Property Damage To Borrowed

Equipment Or Use Of Elevators

If the loss arises out of "property

damage" to borrowed equipment or

the use of elevators to the extent not

subject to Exclusion k. of Section A. –

Coverages.

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(6) When You Are Added As An

Additional Insured To Other

Insurance

That is other insurance available to

you covering liability for damages

arising out of the premises or

operations, or products and completed

operations, for which you have been

added as an additional insured by that

insurance; or

(7) When You Add Others As An

Additional Insured To This

Insurance

That is other insurance available to an

additional insured.

However, the following provisions

apply to other insurance available to

any person or organization who is an

additional insured under this Coverage

Part:

(a) Primary Insurance When

Required By Contract

This insurance is primary if you

have agreed in a written contract,

written agreement or permit that

this insurance be primary. If other

insurance is also primary, we will

share with all that other insurance

by the method described in c.

below.

(b) Primary And Non-Contributory

To Other Insurance When

Required By Contract

If you have agreed in a written

contract, written agreement or

permit that this insurance is

primary and non-contributory with

the additional insured's own

insurance, this insurance is

primary and we will not seek

contribution from that other

insurance.

Paragraphs (a) and (b) do not apply to

other insurance to which the additional

insured has been added as an

additional insured.

When this insurance is excess, we will

have no duty under this Coverage Part to

defend the insured against any "suit" if any

other insurer has a duty to defend the

insured against that "suit". 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 selfinsured amounts under all that other

insurance.

We will share the remaining loss, if any, with

any other insurance that is not described in

this Excess Insurance provision and was not

bought specifically to apply in excess of the

Limits of Insurance shown in the

Declarations of this Coverage Part.

c. Method Of Sharing

If all 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.

8. Transfer Of Rights Of Recovery Against

Others To Us

a. Transfer Of Rights Of Recovery

If the insured has rights to recover all or

part of any payment, including

Supplementary Payments, we have made

under this Coverage Part, those rights are

transferred to us. The insured must do

nothing after loss to impair them. At our

request, the insured will bring "suit" or

transfer those rights to us and help us

enforce them. This condition does not

apply to Medical Expenses Coverage.

b. Waiver Of Rights Of Recovery (Waiver

Of Subrogation)

If the insured has waived any rights of

recovery against any person or

organization for all or part of any payment,

including Supplementary Payments, we

have made under this Coverage Part, we

also waive that right, provided the insured

waived their rights of recovery against

such person or organization in a contract,

agreement or permit that was executed

prior to the injury or damage.

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F. OPTIONAL ADDITIONAL INSURED

COVERAGES

If listed or shown as applicable in the Declarations,

one or more of the following Optional Additional

Insured Coverages also apply. When any of these

Optional Additional Insured Coverages apply,

Paragraph 6. (Additional Insureds When Required

by Written Contract, Written Agreement or Permit)

of Section C., Who Is An Insured, does not apply

to the person or organization shown in the

Declarations. These coverages are subject to the

terms and conditions applicable to Business

Liability Coverage in this policy, except as

provided below:

1. Additional Insured - Designated Person Or

Organization

WHO IS AN INSURED under Section C. is

amended to include as an additional insured

the person(s) or organization(s) shown in the

Declarations, but only with respect to liability

for "bodily injury", "property damage" or

"personal and advertising injury" caused, in

whole or in part, by your acts or omissions or

the acts or omissions of those acting on your

behalf:

a. In the performance of your ongoing

operations; or

b. In connection with your premises owned

by or rented to you.

2. Additional Insured - Managers Or Lessors

Of Premises

a. WHO IS AN INSURED under Section C. is

amended to include as an additional insured

the person(s) or organization(s) shown in the

Declarations as an Additional Insured -

Designated Person Or Organization; but only

with respect to liability arising out of the

ownership, maintenance or use of that part of

the premises leased to you and shown in the

Declarations.

b. With respect to the insurance afforded to

these additional insureds, the following

additional exclusions apply:

This insurance does not apply to:

(1) Any "occurrence" which takes place

after you cease to be a tenant in that

premises; or

(2) Structural alterations, new

construction or demolition operations

performed by or on behalf of such

person or organization.

3. Additional Insured - Grantor Of Franchise

WHO IS AN INSURED under Section C. is

amended to include as an additional insured

the person(s) or organization(s) shown in the

Declarations as an Additional Insured -

Grantor Of Franchise, but only with respect to

their liability as grantor of franchise to you.

4. Additional Insured - Lessor Of Leased

Equipment

a. WHO IS AN INSURED under Section C. is

amended to include as an additional

insured the person(s) or organization(s)

shown in the Declarations as an Additional

Insured – Lessor of Leased Equipment,

but only with respect to liability for "bodily

injury", "property damage" or "personal

and advertising injury" caused, in whole or

in part, by your maintenance, operation or

use of equipment leased to you by such

person(s) or organization(s).

b. With respect to the insurance afforded to

these additional insureds, this insurance

does not apply to any "occurrence" which

takes place after you cease to lease that

equipment.

5. Additional Insured - Owners Or Other

Interests From Whom Land Has Been

Leased

a. WHO IS AN INSURED under Section C. is

amended to include as an additional

insured the person(s) or organization(s)

shown in the Declarations as an Additional

Insured – Owners Or Other Interests From

Whom Land Has Been Leased, but only

with respect to liability arising out of the

ownership, maintenance or use of that part

of the land leased to you and shown in the

Declarations.

b. With respect to the insurance afforded to

these additional insureds, the following

additional exclusions apply:

This insurance does not apply to:

(1) Any "occurrence" that takes place

after you cease to lease that land; or

(2) Structural alterations, new

construction or demolition operations

performed by or on behalf of such

person or organization.

6. Additional Insured - State Or Political

Subdivision – Permits

a. WHO IS AN INSURED under Section C. is

amended to include as an additional

insured the state or political subdivision

shown in the Declarations as an Additional

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Insured – State Or Political Subdivision -

Permits, but only with respect to

operations performed by you or on your

behalf for which the state or political

subdivision has issued a permit.

b. With respect to the insurance afforded to

these additional insureds, the following

additional exclusions apply:

This insurance does not apply to:

(1) "Bodily injury", "property damage" or

"personal and advertising injury"

arising out of operations performed for

the state or municipality; or

(2) "Bodily injury" or "property damage"

included in the "product-completed

operations" hazard.

7. Additional Insured – Vendors

a. WHO IS AN INSURED under Section C. is

amended to include as an additional

insured the person(s) or organization(s)

(referred to below as vendor) shown in the

Declarations as an Additional Insured -

Vendor, but only with respect to "bodily

injury" or "property damage" arising out of

"your products" which are distributed or

sold in the regular course of the vendor's

business and only if this Coverage Part

provides coverage for "bodily injury" or

"property damage" included within the

"products-completed operations hazard".

b. The insurance afforded to the vendor is

subject to the following additional exclusions:

(1) This insurance does not apply to:

(a) "Bodily injury" or "property

damage" for which the vendor 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 that the

vendor would have in the absence

of the contract or agreement;

(b) Any express warranty

unauthorized by you;

(c) Any physical or chemical change

in the product made intentionally

by the vendor;

(d) Repackaging, unless unpacked

solely for the purpose of inspection,

demonstration, testing, or the

substitution of parts under

instructions from the manufacturer,

and then repackaged in the original

container;

(e) Any failure to make such

inspections, adjustments, tests or

servicing as the vendor has agreed

to make or normally undertakes to

make in the usual course of

business, in connection with the

distribution or sale of the products;

(f) Demonstration, installation,

servicing or repair operations,

except such operations performed

at the vendor's premises in

connection with the sale of the

product;

(g) Products which, after distribution

or sale by you, have been labeled

or relabeled or used as a

container, part or ingredient of any

other thing or substance by or for

the vendor; or

(h) "Bodily injury" or "property

damage" arising out of the sole

negligence of the vendor for its

own acts or omissions or those of

its employees or anyone else

acting on its behalf. However, this

exclusion does not apply to:

(i) The exceptions contained in

Subparagraphs (d) or (f); or

(ii) Such inspections,

adjustments, tests or servicing

as the vendor has agreed to

make or normally undertakes

to make in the usual course of

business, in connection with

the distribution or sale of the

products.

(2) This insurance does not apply to any

insured person or organization from

whom you have acquired such

products, or any ingredient, part or

container, entering into,

accompanying or containing such

products.

8. Additional Insured – Controlling Interest

WHO IS AN INSURED under Section C. is

amended to include as an additional insured

the person(s) or organization(s) shown in the

Declarations as an Additional Insured –

Controlling Interest, but only with respect to

their liability arising out of:

a. Their financial control of you; or

b. Premises they own, maintain or control

while you lease or occupy these premises.

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BUSINESS LIABILITY COVERAGE FORM

Page 20 of 24 Form SS 00 08 04 05

This insurance does not apply to structural

alterations, new construction and demolition

operations performed by or for that person or

organization.

9. Additional Insured – Owners, Lessees Or

Contractors – Scheduled Person Or

Organization

a. WHO IS AN INSURED under Section C. is

amended to include as an additional

insured the person(s) or organization(s)

shown in the Declarations as an Additional

Insured – Owner, Lessees Or Contractors,

but only with respect to liability for "bodily

injury", "property damage" or "personal

and advertising injury" caused, in whole or

in part, by your acts or omissions or the

acts or omissions of those acting on your

behalf:

(1) In the performance of your ongoing

operations for the additional

insured(s); or

(2) In connection with "your work"

performed for that additional insured

and included within the "productscompleted operations hazard", but

only if this Coverage Part provides

coverage for "bodily injury" or

"property damage" included within the

"products-completed operations

hazard".

b. With respect to the insurance afforded to

these additional insureds, this insurance

does not apply to "bodily injury", "property

damage" or "personal an advertising

injury" arising out of the rendering of, or

the failure to render, any professional

architectural, engineering or surveying

services, including:

(1) The preparing, approving, or failure to

prepare or approve, maps, shop

drawings, opinions, reports, surveys,

field orders, change orders, designs or

drawings and specifications; or

(2) Supervisory, inspection, architectural

or engineering activities.

10. Additional Insured – Co-Owner Of Insured

Premises

WHO IS AN INSURED under Section C. is

amended to include as an additional insured

the person(s) or Organization(s) shown in the

Declarations as an Additional Insured – CoOwner Of Insured Premises, but only with

respect to their liability as co-owner of the

premises shown in the Declarations.

The limits of insurance that apply to additional

insureds are described in Section D. – Limits Of

Insurance.

How this insurance applies when other insurance

is available to an additional insured is described in

the Other Insurance Condition in Section E. –

Liability And Medical Expenses General

Conditions.

G. LIABILITY AND MEDICAL EXPENSES

DEFINITIONS

1. "Advertisement" means the widespread public

dissemination of information or images that

has the purpose of inducing the sale of goods,

products or services through:

a. (1) Radio;

(2) Television;

(3) Billboard;

(4) Magazine;

(5) Newspaper;

b. The Internet, but only that part of a web

site that is about goods, products or

services for the purposes of inducing the

sale of goods, products or services; or

c. Any other publication that is given

widespread public distribution.

However, "advertisement" does not include:

a. The design, printed material, information

or images contained in, on or upon the

packaging or labeling of any goods or

products; or

b. An interactive conversation between or

among persons through acomputer network.

2. "Advertising idea" means any idea for an

"advertisement".

3. "Asbestos hazard" means an exposure or

threat of exposure to the actual or alleged

properties of asbestos and includes the mere

presence of asbestos in any form.

4. "Auto" means a land motor vehicle, trailer or

semi-trailer designed for travel on public

roads, including any attached machinery or

equipment. But "auto" does not include

"mobile equipment".

5. "Bodily injury" means physical:

a. Injury;

b. Sickness; or

c. Disease

sustained by a person and, if arising out of the

above, mental anguish or death at any time.

6. "Coverage territory" means:

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BUSINESS LIABILITY COVERAGE FORM

Form SS 00 08 04 05 Page 21 of 24

a. The United States of America (including its

territories and possessions), Puerto Rico

and Canada;

b. International waters or airspace, but only if

the injury or damage occurs in the course

of travel or transportation between any

places included in a. above;

c. All other parts of the world if the injury or

damage arises out of:

(1) Goods or products made or sold by you

in the territory described in a.above;

(2) 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; or

(3) "Personal and advertising injury"

offenses that take place through the

Internet or similar electronic means of

communication

provided the insured's responsibility to pay

damages is determined in the United States of

America (including its territories and

possessions), Puerto Rico or Canada, in a

"suit" on the merits according to the

substantive law in such territory, or in a

settlement we agree to.

7. "Electronic data" means information, facts or

programs:

a. Stored as or on;

b. Created or used on; or

c. Transmitted to or from

computer software, including systems and

applications software, hard or floppy disks,

CD-ROMS, tapes, drives, cells, data

processing devices or any other media which

are used with electronically controlled

equipment.

8. "Employee" includes a "leased worker".

"Employee" does not include a "temporary

worker".

9. "Executive officer" means a person holding

any of the officer positions created by your

charter, constitution, by-laws or any other

similar governing document.

10. "Hostile fire" means one which becomes

uncontrollable or breaks out from where it was

intended to be.

11. "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, inadequateor 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.

12. "Insured contract" means:

a. A contract for a lease of premises.

However, that portion of the contract for a

lease of premises that indemnifies any

person or organization for damage by fire,

lightning or explosion to premises while

rented to you or temporarily occupied by

you with permission of the owner is

subject to the Damage To Premises

Rented To You limit described in Section

D. – Liability and Medical Expenses Limits

of Insurance.

b. A sidetrack agreement;

c. Any easement or license agreement,

including an easement or license

agreement in connection with construction

or demolition operations on or within 50

feet of a railroad;

d. Any obligation, as required by ordinance,

to indemnify a municipality, except in

connection with work for a municipality;

e. An elevator maintenance agreement; or

f. That part of any other contract or

agreement pertaining to your business

(including an indemnification of a

municipality in connection with work

performed for a municipality) under which

you assume the tort liability of another

party to pay for "bodily injury" or "property

damage" to a third person or organization,

provided the "bodily injury" or "property

damage" is caused, in whole or in part, by

you or by those acting on your behalf.

Tort liability means a liability that would be

imposed by law in the absence of any

contract or agreement.

Paragraph f. includes that part of any

contract or agreement that indemnifies a

railroad for "bodily injury" or "property

damage" arising out of construction or

demolition operations within 50 feet of any

railroad property and affecting any railroad

bridge or trestle, tracks, road-beds, tunnel,

underpass or crossing.

However, Paragraph f. does not include

that part of any contract or agreement:

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BUSINESS LIABILITY COVERAGE FORM

Page 22 of 24 Form SS 00 08 04 05

(1) That indemnifies an architect,

engineer or surveyor for injury or

damage arising out of:

(a) Preparing, approving or failing to

prepare or approve maps, shop

drawings, opinions, reports,

surveys, field orders, change

orders, designs or drawings and

specifications; or

(b) Giving directions or instructions,

or failing to give them, if that is the

primary cause of the injury or

damage; or

(2) Under which the insured, if an

architect, engineer or surveyor,

assumes liability for an injury or

damage arising out of the insured's

rendering or failure to render

professional services, including those

listed in (1) above and supervisory,

inspection, architectural or

engineering activities.

13. "Leased worker" means a person leased to

you by a labor leasing firm under an

agreement between you and the labor leasing

firm, to perform duties related to the conduct of

your business. "Leased worker" does not

include a "temporary worker".

14. "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".

15. "Mobile equipment" means any of the following

types of land vehicles, including any attached

machinery or equipment:

a. Bulldozers, farm machinery, forklifts and

other vehicles designed for use principally

off public roads;

b. Vehicles maintained for use solely on or

next to premises you own or rent;

c. Vehicles that travel on crawler treads;

d. Vehicles, whether self-propelled or not, on

which are 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, of at least 1,000 pounds

gross vehicle weight, designed

primarily for:

(a) Snow removal;

(b) Road maintenance, but not

construction or resurfacing; or

(c) Street cleaning;

(2) Cherry pickers and similar devices

mounted on automobile or truck

chassis and used to raise or lower

workers; and

(3) Air compressors, pumps and

generators, including spraying,

welding, building cleaning,

geophysical exploration, lighting and

well servicing equipment.

16. "Occurrence" means an accident, including

continuous or repeated exposure to substantially

the same general harmful conditions.

17. "Personal and advertising injury" means injury,

including consequential "bodily injury", arising

out of one or more of the following offenses:

a. False arrest, detention or imprisonment;

b. Malicious prosecution;

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BUSINESS LIABILITY COVERAGE FORM

Form SS 00 08 04 05 Page 23 of 24

c. The wrongful eviction from, wrongful entry

into, or invasion of the right of private

occupancy of a room, dwelling or

premises that the person occupies,

committed by or on behalf of its owner,

landlord or lessor;

d. Oral, written or electronic publication of

material that slanders or libels a person or

organization or disparages a person's or

organization's goods, products or services;

e. Oral, written or electronic publication of

material that violates a person's right of

privacy;

f. Copying, in your "advertisement", a

person’s or organization’s "advertising

idea" or style of "advertisement";

g. Infringement of copyright, slogan, or title of

any literary or artistic work, in your

"advertisement"; or

h. Discrimination or humiliation that results in

injury to the feelings or reputation of a

natural person.

18. "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.

19. "Products-completed operations hazard";

a. Includes all "bodily injury" and "property

damage" occurring away from premises

you own or rent and arising out of "your

product" or "your work" except:

(1) Products that are still in your physical

possession; or

(2) Work that has not yet been completed

or abandoned. However, "your work"

will be deemed to be completed at the

earliest of the following times:

(a) When all of the work called for in

your contract has been completed.

(b) When all of the work to be done at

the job site has been completed if

your contract calls for work at

more than one job site.

(c) When that part of the work done at

a job site has been put to its

intended use by any person or

organization other than another

contractor or subcontractor

working on the same project.

Work that may need service, maintenance,

correction, repair or replacement, but

which is otherwise complete, will be

treated as completed.

The "bodily injury" or "property damage"

must occur away from premises you own

or rent, unless your business includes the

selling, handling or distribution of "your

product" for consumption on premises you

own or rent.

b. 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 not owned

or operated by you, and that condition

was created by the "loading or

unloading" of that vehicle by any

insured; or

(2) The existence of tools, uninstalled

equipment or abandoned or unused

materials.

20. "Property damage" means:

a. Physical injury to tangible property,

including all resulting loss of use of that

property. All such loss of use shall be

deemed to occur at the time of the

physical injury that caused it; or

b. Loss of use of tangible property that is not

physically injured. All such loss of use

shall be deemed to occur at the time of

"occurrence" that caused it.

As used in this definition, "electronic data" is

not tangible property.

21. "Suit" means a civil proceeding in which

damages because of "bodily injury", "property

damage" or "personal and advertising injury"

to which this insurance applies are alleged.

"Suit" includes:

a. An arbitration proceeding in which such

damages are claimed and to which the

insured must submit or does submit with

our consent; or

b. Any other alternative dispute resolution

proceeding in which such damages are

claimed and to which the insured submits

with our consent.

22. "Temporary worker" means a person who is

furnished to you to substitute for a permanent

"employee" on leave or to meet seasonal or

short-term workload conditions.

23. "Volunteer worker" means a person who:

a. Is not your "employee";

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BUSINESS LIABILITY COVERAGE FORM

Page 24 of 24 Form SS 00 08 04 05

b. Donates his or her work;

c. Acts at the direction of and within the

scope of duties determined by you; and

d. Is not paid a fee, salary or other

compensation by you or anyone else for

their work performed for you.

24. "Your product":

a. Means:

(1) Any goods or products, other than real

property, manufactured, sold, handled,

distributed or disposed of by:

(a) You;

(b) Others trading under your name;

or

(c) A person or organization whose

business or assets you have

acquired; and

(2) Containers (other than vehicles),

materials, parts or equipment

furnished in connection with such

goods or products.

b. Includes:

(1) Warranties or representations made at

any time with respect to the fitness,

quality, durability, performance or use

of "your product"; and

(2) The providing of or failure to provide

warnings or instructions.

c. Does not include vending machines or

other property rented to or located for the

use of others but not sold.

25. "Your work":

a. Means:

(1) Work or operations performed by you

or on your behalf; and

(2) Materials, parts or equipment

furnished in connection with such work

or operations.

b. Includes:

(1) Warranties or representations made at

any time with respect to the fitness,

quality, durability, performance or use

of "your work"; and

(2) The providing of or failure to provide

warnings or instructions.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 79 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 00 60 09 15 Page 1 of 2

BUSINESS LIABILITY COVERAGE FORM

AMENDATORY ENDORSEMENT

This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM

A. Sub-subparagraphs 1.p. (7), (8), (15) of Paragraph

2., of Section B. Exclusions are deleted and

replaced with the following:

p. Personal and Advertising Injury:

(7) (a) Arising out of any actual or alleged

infringement or violation of any intellectual

property right, such as copyright, patent,

trademark, trade name, trade secret,

service mark or other designation of origin

or authenticity; or

(b) Any injury or damage alleged in any

claim or "suit" that also alleges an

infringement or violation of any

intellectual property right, whether

such allegation of infringement or

violation is made by you or by any

other party involved in the claim or

"suit", regardless of whether this

insurance would otherwise apply.

However, this exclusion does not apply if the

only allegation in the claim or "suit" involving

any intellectual property right is limited to:

(1) Infringement, in your "advertisement",

of:

(a) Copyright;

(b) Slogan; or

(c) Title of any literary or artistic work;

or

(2) Copying, in your "advertisement", a

person's or organization's "advertising

idea" or style of "advertisement".

(8) Arising out of an offense committed by an

insured whose business is:

(a) Advertising, broadcasting, publishing

or telecasting;

(b) Designing or determining content of

web sites for others; or

(c) An Internet search, access, content or

service provider.

However, this exclusion does not

apply to Paragraphs a., b. and c. of

the definition of "personal and

advertising injury" under the

Definitions Section.

For the purposes of this exclusion, the

placing of frames, borders or links, or

advertising, for you or others

anywhere on the Internet, is not by

itself, considered the business of

advertising, broadcasting, publishing

or telecasting.

(15) Arising out of any access to or disclosure

of any person's or organization's

confidential or personal information,

including patents, trade secrets,

processing methods, customer lists,

financial information, credit card

information, health information or any

other type of nonpublic information.This

exclusion applies even if damages are

claimed for notification costs, credit

monitoring expenses, forensic expenses,

public relations expenses or any other

loss, cost or expense incurred by you or

others arising out of any access to or

disclosure of any person's or

organization's confidential or personal

information.

B. Subparagraph 1.r. of Section B. Exclusions is

deleted and replaced with the following:

r. Employment-Related Practices

"Personal and advertising injury" to:

(1) A person arising out of any "employment–

related practices"; or

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 80 of 157
Page 2 of 2 Form SS 00 60 09 15

(2) The spouse, child, parent, brother or sister

of that person as a consequence of

"personal and advertising injury" to that

person at whom any "employment-related

practices" are directed.

This exclusion applies:

(a) Whether the injury-causing event

described in the definition of

"employment-related practices"

occurs before employment, during

employment or after employment of

that person;

(b) Whether the insured may be liable as

an employer or in any other capacity;

and

(c) To any obligation to share damages

with or repay someone else who must

pay damages because of the injury.

C. Subparagraph 1.q. "Electronic Data" of Section B.

Exclusions is deleted and replaced with the

following:

q. Access Or Disclosure Of Confidential Or

Personal Information And Data-related

Liability

(1) Damages, other than damages because

of "personal and advertising injury",

arising out of any access to or disclosure

of any person's or organization's

confidential or personal information,

including patents, trade secrets,

processing methods, customer lists,

financial information, credit card

information, health information or any

other type of nonpublic information; or

(2) Damages arising out of the loss of, loss of

use of, damage to, corruption of, inability

to access, or inability to manipulate

electronic data.

This exclusion applies even if damages are

claimed for notification costs, credit monitoring

expenses, forensic expenses, public relations

expenses or any other loss, cost or expense

incurred by you or others arising out of that which

is described in Paragraph (1) or (2) above.

However, unless Paragraph (1) above applies, this

exclusion does not apply to damages because of

"bodily injury".

As used in this exclusion, electronic data means

information, facts or computer programs stored as

or on, created or used on, or transmitted to or

from computer software (including systems and

applications software), on hard or floppy disks,

CD-ROMs, tapes, drives, cells, data processing

devices or any other repositories of computer

software which are used with electronically

controlled equipment. The term computer

programs, referred to in the foregoing description

of electronic data, means a set of related

electronic instructions which direct the operations

and functions of a computer or device connected

to it, which enable the computer or device to

receive, process, store, retrieve or send data.

D. Sub-subparagraph 7.b.(1) Other Insurance of

Section E. Liability and Medical Expenses

General Conditions is deleted and replaced with

the following:

b. Excess Insurance

(1) Your Work

That is Fire, Extended Coverage, Builder's

Risk, Installation Risk, Owner Controlled

Insurance Program or OCIP, Wrap Up

Insurance or similar coverage for "your

work".

E. Subparagraph 17. c. "Personal and Advertising

Injury" of Section G, Liability and Medical

Expenses Definitions is deleted and replaced

with the following:

"Personal and advertising injury" means injury,

including consequential "bodily injury", arising out

of one or more of the following offenses:

c. The wrongful eviction from, wrongful entry

into, or invasion of the right of private

occupancy of a room, dwelling or premises

that a person or organization occupies,

committed by or on behalf of its owner,

landlord or lessor;

F. Subparagraph 17.h. of Section G, Liability and

Medical Expenses Definitions deleted.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 81 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 00 61 07 19 Page 1 of 3

© 2019, The Hartford

SPECIAL PROPERTY COVERAGE

AMENDATORY ENDORSEMENT

This endorsement modifies insurance provided under the following:

SPECIAL PROPERTY COVERAGE FORM

A. The following changes are made to Paragraph

A.5., Additional Coverages:

1. Paragraph f., Forgery is deleted and replaced

with the following:

f. Forgery

(1) We will pay for loss resulting directly

from forgery or alteration of any

check, draft, promissory note, or bill of

exchange or similar written promise of

payment in "money" that you or your

agent has issued, or that was issued

by someone who impersonates you or

your agent. This includes written

instruments required in conjunction

with any credit, debit, or charge card

issued to you or any employee for

business purposes.

(2) If you are sued for refusing to pay the

check, draft, promissory note, or bill of

exchange or similar written promise of

payment in "money" on the basis that

it has been forged or altered, and you

have our written consent to defend

against the "suit", we will pay for any

reasonable expenses that you incur

and pay in that defense.

(3) We will pay for loss resulting directly

from your having accepted in good

faith, in exchange for merchandise,

"money" or services:

(a) Money orders, including

counterfeit money orders, issued

by any post office, express

company or bank that are not paid

upon presentation; and

(b) Counterfeit United States or

Canadian paper currency.

(4) For the purpose of this Coverage

Extension, check includes a substitute

check as defined in the Check

Clearing for the 21st Century Act and

will be treated the same as the

original it replaced.

(5) We will treat mechanically reproduced

facsimile signatures the same as

handwritten signatures.

(6) The most we will pay in any one

occurrence, including legal expenses,

under this Additional Coverage is

$5,000, unless a higher Limit of

Insurance is shown in the

Declarations.

2. Paragraph i.(2)(c) of the Money and

Securities Additional Coverage is deleted and

replaced with the following:

(c) Loss or damage to "money" and

"securities" following and directly

related to the use of any

"computer" to fraudulently cause

a transfer of that property.

B. The following changes are made to Section B.,

EXCLUSIONS

1. Paragraph 1.a., Earth Movement is amended

to add the following:

This Exclusion applies regardless of

whether any of the following is caused by

weather, an act of nature, by an artificial,

man-made or other cause.

2. The following is exclusion is added to

Paragraph 1.:

Electronic Vandalism or Corruption of

"Electronic Data" or Corruption of

"Computer Equipment"

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 82 of 157
Page 2 of 3 Form SS 00 61 07 19

This exclusion does not apply to

Electronic Vandalism, form SS 14 29 or

Electronic Vandalism, form SS 40 08 if

either form has been made part of this

policy.

(1) Destruction or corruption of "electronic

data" caused by a virus, malicious

code or similar instruction introduced

into or enacted on a computer system

(including "electronic data") or a

network to which it is connected,

designed to damage or destroy any

part of the system or disrupt its

normal operation.

(2) Unauthorized viewing, copying or use

of electronic data (or any proprietary

or confidential information or

intellectual property in any form) by

any person, even if such activity is

characterized as "theft";

(3) Errors or omissions in programming

or processing "electronic data";

(4) Errors or deficiency in design,

installation, maintenance, repair or

modification of your computer system

or any computer system or network to

which your system is connected or on

which your system depends (including

"electronic data");

(5) Manipulation of your computer

system, including "electronic data", by

an employee, volunteer worker or

contractor, for the purpose of diverting

or destroying "electronic data" or

causing fraudulent or illegal transfer of

any property;

(6) Interruption in normal computer

function or network service or function

due to insufficient capacity to process

transactions or to an overload of

activity on the system or network;

(7) Unexplained or indeterminable failure,

malfunction or slowdown of a

computer system, including

"electronic data" and the inability to

access or properly manipulate the

"electronic data";

(8) Complete or substantial failure,

disablement or shutdown of the

Internet, regardless of the cause;

(9) The inability of a computer system to

correctly recognize, process,

distinguish, interpret or accept one or

more dates or times.

But if direct physical loss or direct physical

damage occurs to Covered Property from

a resulting Covered Cause of Loss, we will

pay for that resulting direct physical loss

or direct physical damage. Mere loss of

use or loss of functionality of any property

is not considered physical loss or physical

damage.

3. Paragraph 2. is deleted and replaced with the

following:

We will not pay for loss or damage caused by

or resulting from:

a. Consequential Losses: Delay, loss of

use or loss of market.

b. Smoke, Vapor, Gas: Smoke, vapor or

gas from agricultural smudging or

industrial operations.

c. Miscellaneous Types of Loss:

(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) Settling, cracking, shrinking or

expansion;

(5) Nesting or infestation, or discharge or

release of waste products or

secretions, by insects, birds, rodents,

mold, spore or other animals;

(6) 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 physical loss or physical damage by

the "specified causes of loss", building

glass breakage or Equipment Breakdown

Accident results, we will pay for that

resulting physical loss or physical

damage.

d. Frozen Plumbing: Water, other liquids,

powder or molten material that leaks or

flows from plumbing, heating, air

conditioning or other equipment (except

fire protective systems) caused by or

resulting from freezing, unless:

(1) You do your best to maintain heat in

the building or structure; or

(2) You drain the equipment and shut off

the supply if the heat is not

maintained.

e. Dishonesty: Dishonest or criminal act by

you, any of your partners, "members",

officers, "managers", employees,

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 83 of 157
Form SS 00 61 07 19 Page 3 of 3

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.

f. False Pretense: 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.

g. Exposed Property: Rain, snow, ice or

sleet to personal property in the open,

except as provided in the Coverage

Extension for Outdoor Property.

h. Collapse: Collapse, except as provided in

the Additional Coverage for Collapse. But

if loss or damage by a Covered Cause of

Loss results at the "scheduled premises",

we will pay for that resulting loss or

damage.

i. Pollution: We will not pay for loss or

damage caused by or resulting from the

discharge, dispersal, seepage, migration,

release or escape of "pollutants and

contaminants" unless the discharge,

dispersal, seepage, migration, release or

escape is itself caused by any of the

"specified causes of loss." But if physical

loss or physical damage by the "specified

causes of loss" results, we will pay for the

resulting physical loss or physical damage

caused by the "specified cause of loss."

C. Definition 4., "Data", of Section G., PROPERTY

DEFINITIONS is deleted and replaced with the

following.

4. "Electronic data" means information, facts or

computer programs stored as or on, created

or used on, or transmitted to or from computer

software (including systems and applications

software), on hard or floppy disks, CD-ROMs,

tapes, drives, cells, data processing devices

or any other repositories of computer software

which are used with electronically controlled

equipment. The term computer programs,

referred to in the foregoing description of

electronic data, means a set of related

electronic instructions which direct the

operations and functions of a "computer" or

device connected to it, which enable the

"computer" or device to receive, process,

store, retrieve or send data.

"Electronic data" it is not considered physical

property under this Coverage Part and is

covered only as expressly provided for in this

Coverage Part. Any such coverage does not

indicate that "electronic data" is considered to

be tangible property subject to physical loss or

physical damage for purposes of any business

interruption coverage or other coverage that

requires physical loss or physical damage.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 84 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 00 64 09 16 Page 1 of 1

© 2016, The Hartford

BUSINESS LIABILITY COVERAGE FORM

AMENDATORY ENDORSEMENTSUPPLEMENTARY PAYMENTS

This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM

A. Sub-subparagraph 3.a.(5) of Paragraph 3., Section A. Coverages is deleted and replaced with the following:

3. Coverage Extension - Supplementary Payments:

a. (5) All court costs taxed against the insured in the "suit". However, these payments do not include

attorneys' fees or attorneys' expenses taxed against the insured.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 85 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 10 11 10 15 Page 1 of 7

© 2015, The Hartford

(Includes copyrighted material of Insurance Services Office, Inc., with its permission)

TEXAS CHANGES

This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM

COMMON POLICY CONDITIONS

CONDOMINIUM ASSOCIATION COVERAGE

HIRED CAR PHYSICAL DAMAGE

SPECIAL PROPERTY COVERAGE FORM

STANDARD PROPERTY COVERAGE FORM

I. The following provisions modify the COMMON

POLICY CONDITIONS.

A. CANCELLATION

1. Condominium Associations

If this policy covers a condominium

association and:

a. The condominium property contains at

least one residence; or

b. The condominium declarations conform

with the Texas Uniform Condominium

Act;

paragraphs A.2. and A.3. of the

Cancellation Common Policy Condition are

deleted and replaced by the following:

2. We may cancel this policy by mailing or

delivering written notice of cancellation,

stating the reason for cancellation, at

least 30 days before the effective date

of cancellation.

The notice of cancellation will be

provided to the first Named Insured 30

days before the effective date of

cancellation.

We will also provide 30 days written

notice to each unit-owner to whom we

issued a certificate or memorandum of

insurance.

3. We will mail or deliver the notice(s) to

the last mailing address(es) known to

us.

2. One- And Two-Family Dwellings And

Governmental Units

If this policy covers one or two family

dwellings or governmental units (as defined

under 28 Texas Admin. Code, Sec. 5.7001)

then the following applies:

a. Paragraph A.5. of the Cancellation

Common Policy Condition is deleted

and replaced by the following:

5. If this policy is canceled, we will

send the first Named Insured any

premium refund due. The

cancellation will be effective even if

we have not made or offered a

refund.

The refund will be pro rata if:

a. We cancel this policy; or

b. The first Named Insured

cancels this policy because:

(1) We refused to provide

additional coverage which

the first Named Insured

requested under the policy;

or

(2) We reduced or restricted

coverage under the policy

without the consent of the

first Named Insured.

The refund may be less than pro

rata if the first Named Insured

cancels this policy for a reason

other than those listed in b.(1) and

b.(2) above.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 86 of 157
Page 2 of 7 Form SS 10 11 10 15

b. The following provisions are added to

the Cancellation Common Policy

Condition:

(1) If this policy has been in effect for

90 days or less and is not a renewal

of a policy we issued, we may

cancel coverage on one- and twofamily dwellings and on

governmental units for any reason.

(2) If this policy has been in effect for

more than 90 days or is a renewal

of a policy we issued, we may

cancel coverage on one and twofamily dwellings and on

governmental units only for the

following reasons:

(i) If the first Named Insured does

not pay the premium or any

portion of the premium when

due;

(ii) If the Texas Department of

Insurance determines that

continuation of this policy would

result in violation of the Texas

Insurance Code or any other

law governing the business of

insurance in Texas;

(iii) If the Named Insured submits a

fraudulent claim; or

(iv) If there is an increase in the

hazard covered by this policy

that is within the control of the

Named Insured and would

produce an increase in the

premium rate of this policy.

(3) If such coverage is canceled, we

will, at the request of the Named

Insured, provide a written statement

of the reason or reasons for such

cancellation.

(4) In compliance with Texas law, we

will not cancel such coverage solely

because the policyholder is an

elected official.

3. All Other Risks

If paragraphs 1. or 2. above does not apply,

and this policy includes Business Liability

coverage then paragraph A.2. of the

Cancellation Common Policy Condition is

deleted and replaced by the following:

2. We may cancel this policy by mailing or

delivering to the first Named Insured

written notice of cancellation, stating the

reason for cancellation, at least:

a. 10 days before the effective date of

cancellation.

b. If this policy has been in effect for:

(1) 60 days or less, we may cancel

for any reason, except that,

under the provisions of the

Texas Insurance Code, we may

not cancel this policy because

the policyholder is an elected

official; or,

(2) More than 60 days, or if it is a

renewal or continuation of a

policy issued by us, we may

cancel only for one or more of

the following reasons, or as

permitted by Texas law:

(i) Fraud in obtaining

coverage;

(ii) Failure to pay premiums

when due;

(iii) An increase in hazard within

the control of the insured

which would produce an

increase in rate;

(iv) Loss of our reinsurance

covering all or part of the

risk covered by the policy;

or

(v) If we have been placed in

supervision, conservatorship

or receivership and the

cancellation is approved or

directed by the supervisor,

conservator or receiver.

B. NONRENEWAL

The following is added and supersedes any

provision to the contrary:

M. Nonrenewal

1. We may elect not to renew this policy.

Under the provisions of the Texas

Insurance Code, we may not refuse to

renew this policy solely because the

policyholder is an elected official.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 87 of 157
Form SS 10 11 10 15 Page 3 of 7

2. The transfer of a policyholder between

admitted companies within the same

insurance group is not considered a

refusal to renew.

3. Condominium Associations

If this policy covers a condominium

association and:

a. The condominium property contains

at least one residence; or

b. The condominium declarations

conform with the Texas Uniform

Condominium Act;

we will mail or deliver written notice of

nonrenewal at least 30 days before the

expiration or anniversary date of the

policy to the first Named Insured to the

last mailing address known to us.

We will also provide 30 days written

notice to each unit-owner to whom we

issued a certificate or memorandum of

insurance, by mailing or delivering the

notice to the last mailing address known

to us.

If notice is mailed, proof of mailing will

be sufficient proof of notice.

4. One- and Two-Family Dwellings and

Governmental Units

If we elect not to renew coverage on

one-and two-family dwellings or on

governmental units (as defined under 28

Texas Admin. Code, Sec. 5.7001), we

will mail or deliver written notice of

nonrenewal to the first Named Insured

and any mortgage holder shown in the

Declarations, at least 30 days before the

expiration date. Proof of mailing will be

sufficient proof of notice.

We will, at the request of the Named

Insured, provide a written statement of

the reason or reasons for such

nonrenewal.

If we fail to give the first Named Insured

proper notice of our refusal to renew,

the first Named Insured may require us

to renew the policy.

a. We may elect not to renew such

coverage for any reason, subject to

the exceptions and limitations in

Paragraphs b. and c. below.

b. We will not refuse to renew

coverage because of claims for

losses resulting from natural

causes.

c. Claims That Do Not Result From

Natural Causes

i. If we have previously notified

you as provided in ii. below, we

may refuse to renew coverage if

the Named Insured has filed

under this policy, in any threeyear period, three or more

claims that do not result from

natural causes.

ii. If the Named Insured has filed

two such claims in a period of

less than three years, we may

notify the first Named Insured in

writing that, if the Named

Insured files a third such claim

during the three year period, we

may refuse to renew coverage.

iii. A claim does not include a

claim that is filed but is not paid

or payable under the policy.

5. All Other Risks

If 3. or 4. above does not apply and we

elect not to renew this policy, we may do

so by mailing or delivering to the first

Named Insured, at the last mailing

address known to us, written notice of

nonrenewal, stating the reason for

nonrenewal, at least 60 days before the

expiration date. If notice is mailed or

delivered less than 60 days before the

expiration date, this policy will remain in

effect until the 61st day after the date on

which the notice is mailed or delivered.

Earned premium for any period of

coverage that extends beyond the

expiration date will be computed pro

rata based on the previous year's

premium.

If notice is mailed, proof of mailing will

be sufficient proof of notice.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 88 of 157
Page 4 of 7 Form SS 10 11 10 15

C. PREMIUMS

Paragraph I.3 of the Premiums Condition does

not apply.

II. The following provisions modify the STANDARD or

SPECIAL PROPERTY COVERAGE FORM.

A. EXCLUSIONS

Paragraph B. EXCLUSIONS is amended as

follows:

Paragraph 2.c.(4) is deleted and replaced by the

following:

(4) Settling, cracking, shrinking, expansion

or contraction;

B. PROPERTY LOSS CONDITIONS

Paragraph E. PROPERTY LOSS CONDITIONS

is amended as follows:

1. Paragraph E.2. Appraisal Property Loss

Condition is deleted and replaced by the

following:

Appraisal

a. If we and you disagree on the value of

the property or the amount of loss (or

net income or operating expense, as

regards Business Income Coverage),

either party may make written demand

for an appraisal of the loss.

Each party will select a competent and

impartial appraiser and notify the other

of the appraiser selected within 20 days

after the written demand for an

appraisal has been made.

The two appraisers will select an umpire.

If they cannot agree upon an umpire

within 15 days, then, at the request of

either you or us, and after the

requesting party provides notice of

hearing to the non-requesting party by

certified mail, selection of the umpire will

be made by a judge of a district court in

the county where the loss occurred.

Each appraiser will state separately the

value of the property and amount of loss.

If the appraisers submit a written report

of agreement to us, the amounts agreed

upon will be the value of the property

and the amount of loss. If the appraisers

fail to agree, they will submit their

differences to the umpire. A decision

agreed tobyany two willbe binding.

Eachparty will:

(1) Pay its chosen appraiser; and

(2) Bear the other expenses of the

appraisal and umpire equally.

b. If there is an appraisal:

(1) You will still retain your right to bring

a legal action against us, subject to

the provisions of the Legal Action

Against Us Loss Condition; and

(2) We will still retain our right to deny

the claim.

2. Paragraph E.3. of the Duties In The Event

Of Loss Or Damage Property Loss

Condition is amended as follows:

a. Paragraph 3.b. is deleted and replaced

by the following:

b. Give us prompt notice of the loss or

damage. Include a description of

the property involved. However,

with respect to loss or damage in

the State of Texas caused by

windstorm or hail in the catastrophe

area as defined by the Texas

Insurance Code, any claim must be

filed with us not later than one year

after the date of the loss or damage

that is the subject of the claim.

However, a claim may be filed after

the first anniversary of the date of

the loss or damage when good

cause is shown by the person filing

the claim.

b. Paragraph 3.h. is deleted and replaced

by the following:

h. Send us a signed, sworn proof of

loss containing the information we

request to investigate the claim.

You must do this within 91 days

after our request. We will supply

you with the necessary forms.

3. Paragraph E.4. Legal Action Against Us

Property Loss Condition is deleted and

replaced by the following:

Legal Action Against Us

a. Except as provided in paragraph b.,

below, no one may bring legal action

against us under this insurance unless:

(1) There has been full compliance with

all of the terms of this policy; and

(2) The action is brought within 2 years

and one day from the date the

cause of action first accrues. A

cause of action accrues on the date

of the initial breach of our

contractual duties as alleged in the

action.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 89 of 157
Form SS 10 11 10 15 Page 5 of 7

b. With respect to loss or damage in the

State of Texas caused by windstorm or

hail in the catastrophe area as defined

by the Texas Insurance Code, no one

may bring a legal action against us

under this insurance, unless:

(1) There has been full compliance with

all the terms of this insurance; and

(2) The action is brought within the

earlier of the following:

(a) Two years and one day from

the date we accept or reject the

claim; or

(b) Three years and one day from

the date of the loss or damage

that is the subject of the claim.

4. Paragraph E.5. Loss Payment Property

Loss Condition is amended as follows:

a. The provisions pertaining to notice of

our intentions and the time period for

payment of claims are deleted and

replaced by the following:

(1) Claims Handling

(a) Within 15 days after we receive

written notice of claim, we will:

(i) Acknowledge receipt of the

claim. If we do not

acknowledge receipt of the

claim in writing, we will keep

a record of the date,

method and content of the

acknowledgment;

(ii) Begin any investigation of

the claim; and

(iii) Request a signed, sworn

proof of loss, specify the

information you must

provide and supply you with

the necessary forms. We

may request more

information at a later date, if

during the investigation of

the claim such additional

information is necessary.

(b) We will notify you in writing as

to whether:

(i) The claim or part of the

claim will be paid;

(ii) The claim or part of the

claim has been denied, and

inform you of the reasons

for denial;

(iii) More information is

necessary; or

(iv) We need additional time to

reach a decision. If we

need additional time, we will

inform you of the reasons

for such need.

We will provide notification, as

described in b.(i) through b.(iv)

above, within:

(v) 15 business days after we

receive the signed, sworn

proof of loss and all

information we requested;

or

(vi) 30 days after we receive the

signed, sworn proof of loss

and all information we

requested, if we have

reason to believe the loss

resulted from arson.

If we have notified you that

we need additional time to

reach a decision, we must

then either approve or deny

the claim within 45 days of

such notice.

(2) Claims Payment

We will pay for covered loss or

damage within 5 business days

after:

(a) We have notified you that

payment of the claim or part of

the claim will be made and have

reached agreement with you on

the amount of loss; or

(b) An appraisal award has been

made.

However, if payment of the claim or

part of the claim is conditioned on

your compliance with any of the

terms of this policy, we will make

payment within 5 business days after

the date you have complied with such

terms.

(3) Catastrophe Claims

If a claim results from a weather

related catastrophe or a major

natural disaster, the claim handling

and claim payment deadlines

described in a.(1) and a.(2) above

are extended for an additional 15

days.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 90 of 157
Page 6 of 7 Form SS 10 11 10 15

Catastrophe or Major Natural

Disaster means a weather related

event which:

(a) Is declared a disaster pursuant

to the Texas Disaster Act of

1975; or

(b) Is determined to be a

catastrophe by the State Board

of Insurance.

(4) The term ''business days" means a

day other than Saturday, Sunday or

a holiday recognized by the state of

Texas.

b. The following is added :

Liquidated Demand

Per Texas Insurance Code, Section

862.053, a fire insurance policy, in case

of total loss by fire of property insured,

shall be held and considered to be a

liquidated demand against the Company

for the full amount of such policy. This

subsection shall not apply to personal

property.

C. PROPERTY GENERAL CONDITIONS

Paragraph F. PROPERTY GENERAL

CONDITIONS is amended as follows:

1. Paragraphs F.2.d. and F.2.f. of the

Mortgage Holders Property General

Conditions are deleted and replaced by the

following:

d. If we deny your claim because of your

acts or because you have failed to

comply with the terms of this policy, the

mortgage holder will still have the right

to receive loss payment if the mortgage

holder:

(1) Pays any premium due under this

policy at our request if you have

failed to do so;

(2) Submits a signed, sworn proof of

loss within 91 days after receiving

notice from us of your failure to do

so; and

(3) Has notified us of any change in

ownership, occupancy or substantial

change in risk known to the

mortgage holder.

All of the terms of this policy will then

apply directly to the mortgage holder.

f. If we cancel this policy, we will give

written notice to the mortgage holder at

least:

(1) 14 days before the effective date of

cancellation if we cancel for your

nonpayment of premium; or

(2) 30 days before the effective date of

cancellation if we cancel for any

other reason.

If you cancel the policy, we will give the

mortgage holder notice of cancellation

to be effective on the date stated in the

notice. The date of cancellation cannot

be before the 10th day after the date we

mail the notice.

2. The following provisions apply when the

CONDOMINIUM ASSOCIATION

COVERAGE form is attached to this policy:

a. The following Property General

Condition is added

ACT OR OMISSION

No act or omission by any unit-owner

will void this policy or be a condition to

recovery under this policy. But this

Condition does not apply to unit-owners

acting within the scope of their authority

on behalf of the Association.

b. The following is added to the Mortgage

Holders Condition:

If the condominium is terminated, we

will pay for covered loss of, or damage

to, buildings or structures to each

mortgage holder shown on the

Declarations in their order of

precedence, as interests may appear.

In all other respects, we will pay for loss

to buildings or structures to you or the

insurance trustee designated for that

purpose, in accordance with the Loss

Payment Condition in the

CONDOMINIUM ASSOCIATION

COVERAGE form.

D. PROPERTY DEFINITIONS

Paragraph G. PROPERTY DEFINITIONS is

amended as follows:

Paragraph G. 10. (2) of the STANDARD

PROPERTY COVERAGE FORM and

Paragraph 12. b. (2) of the SPECIAL

PROPERTY COVERAGE FORM are deleted

and replaced by the following:

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 91 of 157
Form SS 10 11 10 15 Page 7 of 7

(2) The date when your business is

resumed at a new, permanent location.

"Period of Restoration" does not include

any increased period required due to the

enforcement of or compliance with any

ordinace or law that;

(a) Regulates the construction, use or

repair, or requires the tearing down of

any property; or

(b) Regulates the prevention, control,

repair, clean up or restoration of

environmental damage.

The expiration date of this policy will not cut

short the "period of restoration".

III. The following provisions modify the BUSINESS

LIABILITY COVERAGE FORM.

A. The following is added to paragraph E.2 Duties

In The Event Of Occurrence, Offense, Claim

Or Suit of the Liability And Medical Expenses

General Conditions and similar conditions in any

liability endorsement attached to this policy:

1. We will notify the first Named Insured in

writing of any:

a. Initial offer to settle a claim made or

"suit" brought against the insured under

the liability section of this policy. The

notice will be given within 10 days after

the date the offer is made.

b. Any settlement of a claim made or "suit"

brought against the insured under the

liability section of this policy. The notice

will be given within 30 days after the

date of the settlement.

2. The following provision applies:

With regard to liability for "bodily injury",

"property damage" and "personal and

advertising injury", no provision of this policy

requiring you or any insured to give notice of

"occurrence", claim or "suit" or forward

demands, notices, summonses or legal

papers in connection with a claim or "suit"

will bar coverage under this policy, unless

we are prejudiced by such failure to comply

with the requirement.

IV. The following provision modifies the

CONDOMINIUM ASSOCIATION COVERAGE

ENDORSEMENT.

A. The Waiver of Rights of Recovery condition is

deleted and replaced by the following:

Waiver of Rights of Recovery

We waive our rights to recover payment against:

1. Any unit-owner described in the

Declarations including the developer, and

members of his or her household;

2. The Association; and

3. Members of the board of directors for acts

or omissions within the scope of their duties

for you.

But we reserve our rights to recover from the

developer any damages for which he or she

may be held liable in his or her capacity as a

developer.

V. The following provision modifies the Hired Car

Physical Damage endorsement.

1. Paragraph E.1. Appraisal Additional

Condition is deleted and replaced by the

following:

Appraisal

a. If we and you disagree on the value of

the property or the amount of "loss",

either party may make written demand

for an appraisal of the "loss".

Each party will select a competent and

impartial appraiser and notify the other

of the appraiser selected within 20 days

after the written demand for an

appraisal has been made.

The two appraisers will select an umpire.

If they cannot agree upon an umpire

within 15 days, then, at the request of

either you or us, and after the

requesting party provides notice of

hearing to the non requesting party by

certified mail, selection of the umpire will

be made by a judge of a district court in

the county where the loss occurred.

Each appraiser will state separately the

value of the property and amount of

"loss". If the appraisers submit a written

report of agreement to us, the amounts

agreed upon will be the value of the

property and the amount of loss. If the

appraisers fail to agree, they will submit

their differences to the umpire. A decision

agreedtobyany two willbebinding.

Eachparty will:

(1) Pay its chosen appraiser; and

(2) Bear the other expenses of the

appraisal and umpire equally.

b. If there is an appraisal:

(1) You will still retain your right to bring

a legal action against us, subject to

the provisions of the Legal Action

Against Us Loss Condition; and

(2) We will still retain our right to deny

the claim.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 92 of 157
65 SBA AB0169

08/07/19 08/02/20

POLICY NUMBER:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 42 06 03 17 Page 1 of 2

Process Date: Policy Expiration Date:

UNMANNED AIRCRAFT - LIABILITY ENDORSEMENT

This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM

SCHEDULE

Option 1: If an "X" is shown in this box, Bodily Injury and Property Damage coverage for Unmanned Aircraft

applies and the Unmanned Aircraft Exclusion in Paragraph A.1.g.(1) of this endorsement does not apply.

Option 2: If an "X" is shown in this box, Personal And Advertising Injury coverage for Unmanned Aircraft

applies and the Unmanned Aircraft - Personal And Advertising Injury Exclusion in Paragraph A.2. of this

endorsement does not apply.

Except as otherwise stated in this endorsement or the

schedule above, the terms and conditions of the policy

apply to the insurance stated below.

A. The following changes are made to Section B.1.,

EXCLUSIONS:

1. Paragraph g., Aircraft, Auto or Watercraft, is

deleted and replaced with the following:

g. Aircraft, Auto or Watercraft

(1) Unmanned Aircraft

"Bodily injury" or "property damage"

arising out of the ownership,

maintenance, use or entrustment to

others of any aircraft that is an

"unmanned aircraft". Use includes

operation and "loading or unloading".

This Paragraph g.(1) applies even if the

claims against any insured allege

negligence or other wrongdoing in the

supervision, hiring, employment, training

or monitoring of others by that insured, if

the "occurrence" which caused the

"bodily injury" or "property damage"

involved the ownership, maintenance,

use or entrustment to others of any

aircraft that is an "unmanned aircraft".

(2) Aircraft (Other Than Unmanned

Aircraft), Auto Or Watercraft

"Bodily injury" or "property damage"

arising out of the ownership,

maintenance, use or entrustment to

others of any aircraft (other than

"unmanned aircraft), "auto" or watercraft

owned or operated by or rented or

loaned to any insured. Use includes

operation and "loading or unloading".

This Paragraph g.(2) applies even if the

claims against any insured allege

negligence or other wrongdoing in the

supervision, hiring, employment, training

or monitoring of others by that insured, if

the "occurrence" which caused the

"bodily injury" or "property damage"

involved the ownership, maintenance,

use or entrustment to others of any

aircraft (other than "unmanned aircraft),

"auto" or watercraft that is owned or

operated by or rented or loaned to any

insured.

Paragraph g. (2) does not apply to:

(a) A watercraft while ashore on

premises you own or rent;

(b) A watercraft you do not own that is:

(i) Less than 51 feet long; and

(ii) Not being used to carry persons

for a charge;

(c) Parking an "auto" on, or on the

ways next to, premises you own or

rent, provided the "auto" is not

owned by or rented or loaned to you

or the insured;

(d) Liability assumed under any

"insured contract" for the ownership,

maintenance or use of aircraft or

watercraft;

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 93 of 157
Page 2 of 2 Form SS 42 06 03 17

(e) "Bodily injury" or "property damage"

arising out of the operation of any of

the equipment listed in Section G

Liability and Medical Expenses

Definitions, Paragraph 15 f. (2) or f.

(3) of the definition of "mobile

equipment"; or

(f) An aircraft (other than unmanned

aircraft) that is not owned by any

insured and is hired, chartered or

loaned with a paid crew. However,

this exception does not apply if the

insured has any other insurance for

such "bodily injury" or "property

damage", whether the other

insurance is primary, excess,

contingent or on any other basis.

2. The following is added to Section B.

EXCLUSIONS Paragraph p., Personal and

Advertising Injury:

Unmanned Aircraft - Personal and

Advertising Injury

Arising out of the ownership,

maintenance, use or entrustment to

others of any aircraft that is an

"unmanned aircraft". Use includes

operation and "loading or unloading".

This exclusion applies even if the claims

against any insured allege negligence or

other wrongdoing in the supervision,

hiring, employment, training or

monitoring of others by that insured, if

the offense which caused the "personal

and advertising injury" involved the

ownership, maintenance, use or

entrustment to others of any aircraft that

is an "unmanned aircraft".

However, this exclusion does not apply

if the only allegation in the claim or "suit"

involves an intellectual property right

which is limited to:

(a) Infringement, in your

"advertisement", of:

(i) Copyright;

(ii) Slogan; or

(iii) Title of any literary or artistic

work; or

(b) Copying, in your "advertisement", a

person's or organization's

"advertising idea" or style of

"advertisement".

B. The following changes apply to Section G.

LIABILITY AND MEDICAL EXPENSES

DEFINITIONS:

1. The following definition is added:

"Unmanned aircraft" means an aircraft that is

not:

a. Designed;

b. Manufactured; or

c. Modified after manufacture

to be controlled directly by a person from within

or on the aircraft.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 94 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 04 08 09 07 Page 1 of 6

© 2007, The Hartford

STRETCH

This endorsement modifies insurance provided under the following:

STANDARD PROPERTY COVERAGE FORM

SPECIAL PROPERTY COVERAGE FORM

Except as otherwise stated in this endorsement, the

terms and conditions of the policy apply to the insurance

stated below.

A. The following changes apply to the Standard

Property Coverage Form, Additional Coverages,

A.4., or to the Special Property Coverage Form,

Additional Coverages, A.5.:

1. Accounts Receivable

The following Additional Coverage is added:

a. We will pay up to $25,000 in any one

occurrence as a Limit of Insurance to apply

at each "scheduled premises" to cover

direct physical loss of or physical damage to

your records of accounts receivable. This

Limit of Insurance is in addition to any other

Limit of Insurance that may be provided by

this policy for this coverage.

b. We will pay up to $25,000 in any one

occurrence as a Limit of Insurance to cover

direct physical loss of or physical damage to

your records of accounts receivable that are

not located at the "scheduled premises" or in

transit. This Limit of Insurance is in addition

to any other Limit of Insurance that may be

provided by this policy for this coverage.

This Additional Coverage is subject to the

provisions of the Accounts Receivable

Coverage, Form SS 04 39, with the exception of

the Limit of Insurance provision contained in that

form. Accounts Receivable Coverage, Form SS

04 39 is made a part of this policy whether or

not Accounts Receivable coverage is indicated

in the Declarations.

2. Brands and Labels

The following Additional Coverage is added:

In the event of covered physical loss or physical

damage to merchandise that is branded or

labeled, we will take all or part of the physically

damaged property at an agreed or appraised

value and we will pay for:

a. Expenses you incur to:

(1) Stamp salvage on the merchandise or its

containers, if the stamp will not physically

damage the merchandise; or

(2) Remove the brands or labels, if doing

so will not physically damage the

merchandise. You must relabel the

merchandise and its containers to

comply with the law.

b. Any reduction in the salvage value of the

physically damaged merchandise as the

result of the removal of the brand or label.

This Additional Coverage is included within the

Business Personal Property Limit of Insurance.

3. Claim Expenses

The following Additional Coverage is added:

In the event of covered loss or physical damage

we will pay up to $10,000 in any one occurrence

as an additional Limit of Insurance to cover

reasonable expenses incurred by you at our

specific request to assist us in:

a. The investigation of a claim or suit; or

b. The determination of the amount of loss,

such as taking inventory, or auditing

business records.

4. Computer Fraud

The following Additional Coverage is added:

We will pay up to $5,000 in any one occurrence for

physical loss of or physical damage to "money",

"securities", and other property having intrinsic

value resulting directly from computer fraud.

Computer fraud means any act of stealing property

following and directly related to the use of any

computer to fraudulently cause a transfer of that

property from inside your premises or from a

banking institution or similar safe depository, to a

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 95 of 157
Page 2 of 6 SS 04 08 09 07

person (other than a "messenger") outside those

premises or to a place outside those premises.

This Limit of Insurance is in addition to any other

Limit of Insurance that may be provided by this

policy for this coverage.

5. Computers and Media

The following Additional Coverage is added:

We will pay up to $10,000 in any one

occurrence as a Limit of Insurance to apply

anywhere in the Coverage Territory to cover

direct physical loss of or physical damage to

your computer systems. This Limit of Insurance

is in addition to any other Limit of Insurance that

may be provided by this policy for this coverage.

This Additional Coverage is subject to the

provisions of Computers and Media, Form

SS 04 41, with the exception of the Limit of

Insurance provision contained in that form.

Computers and Media, Form SS 04 41 is made

a part of this policy whether or not Computers

and Media coverage is indicated in the

Declarations.

6. Debris Removal

The following Additional Coverage is added:

In Limits of Insurance, C.4.b., the additional limit

of insurance for the Debris Removal Additional

Coverage is increased to $25,000 in any one

occurrence.

This Limit of Insurance is in addition to any other

Limit of Insurance that may be provided by this

policy for this coverage.

7. Employee Dishonesty (including ERISA)

The following Additional Coverage is added:

We will pay up to $10,000 in any one

occurrence as a Limit of Insurance to cover loss

from employee dishonesty. This includes

ERISA coverage. This Limit of Insurance is in

addition to any other Limit of Insurance that may

be provided by this policy for this coverage.

This Additional Coverage is subject to the

provisions of the Employee Dishonesty

Coverage, Form SS 04 42, with the exception of

the Limit of Insurance provision contained in that

form. Employee Dishonesty Coverage, Form

SS 04 42 is made a part of this policy whether

or not Employee Dishonesty Coverage is

indicated in the Declarations.

8. Fine Arts

The following Additional Coverage is added:

We will pay up to $10,000 in any one occurrence

as a Limit of Insurance at each "scheduled

premises" to apply to Fine Arts. This Limit of

Insurance is in addition to any other Limit of

Insurance that may be provided by this policy for

this coverage.

This Additional Coverage is subject to the

provisions of Fine Arts Coverage Form, Form

SS 04 22, with the exception of the following:

a. The requirement contained under

Paragraph A.1., Under A. Coverage, to list

and describe Fine Arts in the Declarations

or Shedule is deleted when Fine Arts are

covered under this Stretch endorsement;

and

b. The Limit of Insurance provision does not

apply.

c. Paragraph D.1. Valuation is deleted and

replaced by the following:

The value of Fine Arts will be the market

value at the time of physical loss or physical

damage.

Fine Arts Coverage, Form SS 04 22 is made a

part of this policy whether or not Fine Arts

Coverage is indicated in the Declarations.

9. Forgery

The following Additional Coverage is added:

We will pay up to $10,000 in any one

occurrence as a Limit of Insurance to cover loss

from forgery of covered instruments, money

orders, credit cards, and counterfeit money.

This Additional Coverage is subject to the

provisions of Forgery Coverage, Form SS 04

86, with the exception of the Limit of Insurance

provision contained in that form. Forgery

Coverage, Form SS 04 86 is made a part of this

policy, whether or not Forgery Coverage is

indicated in the Declarations.

This Limit of Insurance is in addition to any other

Limit of Insurance that may be provided by this

policy for this coverage.

10. Laptop Computers - Worldwide Coverage

The following Additional Coverage is added:

We will pay up to $5,000 in any one occurrence

as a Limit of Insurance to apply to laptop,

palmtop and similar portable computer

equipment, personal digital assistants (PDAs),

and accessories anywhere in the world,

including while in transit. This Limit of Insurance

is in addition to any other Limit of Insurance that

may be provided by this policy for this coverage.

Limitation: We will not pay for direct physical

loss or physical damage caused by, resulting

from, arising out of the theft of this property

which in transit as checked baggage.

This Additional Coverage is subject to the

provisions of Computers and Media, Form SS

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 96 of 157
SS 04 08 09 07 Page 3 of 6

04 41, with the exception of the Limit of

Insurance provision contained in that form.

Computers and Media, Form SS 04 41 is made

a part of this policy whether or not Computers

and Media coverage is indicated in the

Declarations.

11. Off-Premises Utility Services - Direct Damage

The following Additional Coverage is added:

We will pay up to $10,000 in any one

occurrence as a Limit of Insurance to apply at

each "scheduled premises" to cover direct

physical loss or physical damage to Covered

Property caused by the interruption of utility

services. This Limit of Insurance is in addition

to any other Limit of Insurance that may be

provided by this policy for this coverage.

This Additional Coverage is subject to the

provisions of Off-Premises Utility Services - Direct

Damage, Form SS 40 18, with the exception of the

Utility Services Limit of Insurance contained in that

form. Off-Premises Utility Services – Direct

Damage, Form SS 40 18 is made a part of this

policy, whether or not Off-Premises Utility Services

– Direct Damage coverage is indicated in the

Declarations.

12. Outdoor Signs

The following Additional Coverage is added and

supersedes any other coverage for signs in this

policy:

We will pay up to full value of outdoor signs at each

"scheduled premises" to cover direct physical loss

of or physical damage to outdoor signs.

This Additional Coverage is subject to the

provisions of Outdoor Signs, Form SS 04 44,

with the exception of the Limit of Insurance

provision and paragraph E. of that form.

Outdoor Signs, Form SS 04 44 is made a part of

this policy whether or not Outdoor Signs

coverage is indicated in the Declarations.

This Additional Coverage is in addition to any

recoverable Limits of Insurance applicable to

Building or Business Personal Property.

13. Pairs or Sets

The following Additional Coverage is added:

If pairs or sets of stock are damaged by a

Covered Cause of Loss, we will pay any

reduction in value of the undamaged parts of

such damaged pairs or sets.

As used in this Additional Coverage, the term stock

means merchandise held in storage or for sale,

raw materials, and goods in-processor finished.

This coverage is included within the Business

Personal Property Limit of Insurance.

14. Personal Property of Others

The following Additional Coverage is added:

We will pay up to $10,000 in any one

occurrence as a Limit of Insurance at each

"scheduled premises" to apply to personal

property of others that is in your care, custody or

control. This Limit of Insurance is in addition to

any other Limit of Insurance that may be

provided by this policy for this coverage.

This Additional Coverage is subject to the

provisions of Personal Property of Others, Form

SS 04 45, with the exception of the statement

concerning Limit of Insurance applicable to

Personal Property of Others shown in the

Declarations, contained in that form. Personal

Property of Others, Form SS 04 45 is made a part

of this policy whether or not Personal Property of

Others coverage is indicated in the Declarations.

15. Property at Other Premises

The following Additional Coverage is added:

We will pay upto $10,000 in any one occurrence to

extend coverage for Business Personal Property at

any premises not described in the Declarations.

This includes property that you have sold under

an installation agreement and your responsibility

continues until the property is accepted by the

customer.

This Extension does not apply to:

a. Property in the care, custody or control of

your salespersons;

b. Property at any fair or exhibition;

c. Property in transit; or

d. Property temporarily stored at any premises

not described in the Declarations.

This Limit of Insurance is in addition to any other

Limit of Insurance that may be provided by this

policy for this coverage.

16. Salespersons' Samples

The following Additional Coverage is added:

We will pay up to $1,000 in any one occurrence

as an additional Limit of Insurance to extend

Business Personal Property to cover:

a. Samples of your stock in trade (including

containers); and

b. Similar property of others;

but only while such property is in:

(1) Your custody while acting as a sales

representatives; or

(2) In the custody of your sales

representative or agents.

This Limit of Insurance is in addition to any other

Limit of Insurance that may be provided by

thispolicy for this coverage.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 97 of 157
Page 4 of 6 SS 04 08 09 07

17. Sewer and Drain Back Up

The following Additional Coverage is added:

We will pay for direct physical loss of or physical

damage to Covered Property solely caused by

water that backs up from a sewer or drain. This

coverage is included within the Covered

Property Limits of Insurance.

THIS IS NOT FLOOD INSURANCE

We will not pay for water or other materials that

back up from any sewer or drain when it is

caused by any flood. This applies regardless of

the proximity of the flood to Covered Property.

Flood includes the accumulation of surface

water, waves, tides, tidal waves, overflow of

streams or other bodies of water, or their spray,

all whether driven by wind or not that enters the

sewer or drain system.

18. Sump Overflow or Sump Pump Failure

The following Additional Coverage is added:

The maximum we will pay in any one

occurrence is $15,000 for any loss, including

Business Income or Extra Expense, resulting

from physical loss or physical damage to

Covered Property that is caused by or resulting

from water that overflows due to the failure of a

sump pump, sump pump well, or any other type

of system designed to remove subsurface water

from the foundation area if the failure is directly

or indirectly the result of a Covered Cause of

Loss. Failure means an abrupt cessation of

normal functioning. This Limit of Insurance is

the maximum we will pay regardless of any

other coverage provided under this policy.

This Additional Coverage is subject to the terms

and conditions of this policy with the exception

of:

a. Paragraph B.1.f., Power Failure, of the

Standard Property Coverage Form and

Paragraph B.1.d., Power Failure, of the

Special Property Coverage Form; and

b. Paragraph B.1.h.(4), Water, of the Standard

Property Coverage Form and Paragraph

B.1.f.(4), Water, of the Special Property

Coverage Form.

THIS IS NOT FLOOD INSURANCE

We will not pay for water or other materials that

overflow from a sump when the overflow is

caused by any flood. This applies regardless of

the proximity of the flood to Covered Property.

Flood includes the accumulation of surface

water, waves, tides, tidal waves, overflow of

streams or other bodies of water, or their spray,

all whether driven by wind or not that enters the

sewer or drain system.

19. Temperature Change

The following Additional Coverage is added:

We will pay up to $10,000 in any one occurrence

as a Limit of Insurance to apply at each "scheduled

premises" to cover direct physical loss of or

physical damage to perishable stock caused by or

resulting from a change of temperature or

contamination by a refrigerant.

This Limit of Insurance is in addition to any other

Limit of Insurance that may be provided by this

policy for this coverage.

This Additional Coverage is subject to the

provisions of the Temperature Change Coverage,

Form SS 04 46, with the exception of the Limit of

Insurance provision contained in that form.

Temperature Change, Form SS 04 46 is made a

part of this policy whether or not Temperature

Change coverage is indicated in the Declarations.

20. Tenant Building and Business Personal

Property Coverage - Required by Lease

The following Additional Coverage is added:

The maximum we will pay in any one

occurrence is $20,000 as a Limit of Insurance to

apply to direct physical loss of or physical

damage to Building and Business Personal

Property for which you have a contractual

responsibility to insure. This includes building

fixtures, machinery and equipment.

21. Transit Property in the Care of Carriers for

Hire

The following Additional Coverage is added:

We will pay up to $10,000 in any one occurrence

as a Limit of Insurance to apply to direct physical

loss of or physical damage to property while in

transit at your risk. This Limit of Insurance is in

addition to any other Limit of Insurance that may be

provided by this policy for this coverage.

This Additional Coverage is subject to the

provisions of Transit Property in the Care of

Carriers for Hire, Form SS 04 30, with the

exception of the Limit of Insurance provision

contained in that form. Transit Property in the

Care of Carriers for Hire, Form SS 04 30 is

made a part of this policy whether or not Transit

Property in the Care of Carriers for Hire is

indicated in the Declarations.

22. Unauthorized Business Card Use

The following Additional Coverage is added:

The maximum we will pay in any one

occurrence is $2,500 as a Limit of Insurance to

cover loss resulting from the theft or

unauthorized use of your Business Credit, Debit

or Charge Cards, including the reasonable legal

expenses you incur.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 98 of 157
SS 04 08 09 07 Page 5 of 6

The Business Credit, Debit or Charge Cards

must be issued to you or registered in your

name or the business name and be used solely

for business purposes.

Limitation. We will not pay for the theft or

unauthorized use of Business Credit, Debit or

Charge Cards entrusted to others or your

employees.

23. Valuable Papers and Records

The following Additional Coverage is added:

a. We will pay up to $25,000 in any one

occurrence as a Limit of Insurance to apply

at each "scheduled premises" to cover

direct physical loss of or physical damage to

your valuable papers and records. This

Limit of Insurance is in addition to any other

Limit of Insurance that may be provided by

this policy for this coverage.

b. We will pay up to $25,000 in any one

occurrence as a Limit of Insurance to cover

direct physical loss of or physical damage to

your valuable papers and records that are not

located at the "scheduled premises" or in

transit. This Limit of Insurance is in addition

to any other Limit of Insurance that may be

provided by this policy for this coverage.

This Additional Coverage is subject to the

provisions of the Valuable Papers and Records

Coverage, Form SS 04 47, with the exception of

the Limit of Insurance provision contained in that

form. Valuable Papers and Records Coverage,

Form SS 04 47 is made a part of this policy

whether or not Valuable Papers and Records

coverage is indicated in the Declarations.

B. The following changes apply to the Standard

Property Coverage Form, Coverage Extensions,

A.5., or to the Special Property Coverage Form,

Coverage Extensions, A.6.. The Limits of Insurance

stated in the paragraphs below replace the Limits of

Insurance stated in the Standard Property Coverage

Form or the Special Property Coverage Form for the

coverages provided under this section. Except as

otherwise stated, any other Limit of Insurance

purchased under this policy as an option for the

following coverages is in addition to the Limit of

Insurance stated below:

1. Newly Acquired or Constructed Property

The following changes are made to Newly

Acquired or Constructed Property:

a. Building

(1) The most we will pay in any one

occurrence in subparagraph (1) is

increased from $500,000 to $1,000,000

at each premises.

(2) The Limit of Insurance stated above is

the maximum Limit of Insurance

available for this coverage under this

policy.

b. Business Personal Property

(1) The most we will pay in any one

occurrence in subparagraph (2) is

increased from $250,000 to $500,000 at

each premises.

(2) The Limit of Insurance stated above is

the maximum Limit of Insurance

available for this coverage under this

policy.

c. Business Income and Extra Expense

(1) If Business Income or Extra Expense

are provided under this policy, the most

we will pay in any one occurrence in

subparagraph (3) is increased from

$50,000 to $500,000 in any one

occurrence at each premises.

(2) The Limit of Insurance stated above is

the maximum Limit of Insurance

available for this coverage under this

policy.

2. Outdoor Property

In the Outdoor Property Coverage Extension,

the most we will pay in any one occurrence is

increased to $20,000, but not more than $1,000

for any one tree, shrub or plant.

3. Personal Effects

In the Personal Effects Coverage Extension, the

most we will pay in any one occurrence is

increased from $10,000 to $25,000 at each

"scheduled premises."

The Limit of Insurance stated above is the

maximum Limit of Insurance available for this

coverage under this policy.

4. Property Off-Premises

In the Personal Property Off-Premises

Coverage Extension, the most we will pay in any

one occurrence in subparagraph A.6.h.(2) is

increased from $2,500 to $15,000.

C. The following changes apply only if Business

Income and Extra Expenses are covered under this

policy. These changes apply to the Standard

Property Coverage Form, Additional Coverages,

A.4., or to the Special Property Coverage Form,

Additional Coverages, A.5.:

1. Business Income Extension for Off-Premises

Utility Services

The following Additional Coverage is added:

We will pay up to $25,000 in any one occurrence

as a Limit of Insurance to apply at each

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 99 of 157
Page 6 of 6 SS 04 08 09 07

"scheduled premises" to cover loss of Business

Income and Extra Expense caused by or

resulting from the interruption of utility services.

This Limit of Insurance is in addition to any other

Limit of Insurance that may be provided by this

policy for this coverage.

This Additional Coverage is subject to the

provisions of Business Income Extension for OffPremises Utility Services, Form SS 04 19, with the

exception of the Limit of Insurance provision

contained in that form. Business Income

Extension for Off-Premises Utility Services, Form

SS 04 19 is made a part of this policy whether or

not Business Income Extension for Off-Premises

Utility Services coverage is indicated in the

Declarations.

2. Business Income Extension for Web Sites

The following Additional Coverage is added:

We will pay up to $10,000 in any one

occurrence as a Limit of Insurance to cover loss

of Business Income you sustain due to the

necessary interruption of business operations

caused by or resulting from direct physical loss

of or physical damage to your Web Site

operation at the premises of a vendor acting as

your service provider. This Limit of Insurance is

in addition to any other Limit of Insurance that

may be provided by this policy for this coverage.

Such interruption must be caused by or result

from a Covered Cause of Loss.

a. Coverage Time Period

We will only pay for loss yousustain during the

7-day period immediately following the first 12

hours after the Covered Cause of Loss.

b. Conditions

This coverage applies only:

(1) If you have a back-up copy of your Web

Page stored at a location other than the

site of the Web Site vendor.

(2) To the extent that Business Income is

permanently lost.

3. Business Income from Dependent Properties

The following Additional Coverage is added:

We will pay up to $25,000 in any one

occurrence as a Limit of Insurance to apply to

loss of Business Income and Extra Expense due

to direct physical damage at property of others

you depend on. This Limit of Insurance is in

addition to any other Limit shown in the

Declarations for specific Dependent Properties.

This additional coverage is subject to the

provisions of Business Income from Dependent

Properties, Form SS 04 78, with the exception of

the Limit of Insurance provision contained in that

form. Business Income from Dependent

Properties, Form SS 04 78 is made a part of this

policy whether or not Business Income from

Dependent Properties coverage is indicated in

the Declarations.

There is no requirement for Dependent

Properties to be scheduled for the coverages

provided by this Stretch endorsement to apply.

4. Extended Business Income

In the Extended Business Income Additional

Coverage, paragraph 4.j.(1)(b)(ii) of the

Standard Property Coverage Form and

paragraph 5.r.(1)(b)(ii) of the Special Property

Coverage Form are amended to read as follows:

(b) 60 consecutive days after the date

determined in (a) above.

D. The following changes apply to Paragraph E.5.d.,

Loss Payment, of the Standard Property Coverage

Form and the Special Property Coverage Form:

1. Valuation Changes

The following are added to the Loss Payment

Property Loss Condition E.5.d.:

(10)Commodity Stock

We will determine the value of merchandise

and raw materials that are bought and sold

at an established market exchange. We will

determine the value at:

(a) The posted market price as of the time

and place of loss;

(b) Less discounts and expenses you

otherwise would have had.

(11)"Finished Stock"

We will determine the value of goods that

you have manufactured at the selling price

less discounts and expenses you otherwise

would have had.

(12)Mercantile Stock - Sold

We will determine the value of goods you

have sold but not delivered at the selling

price less discounts and expenses you

otherwise would have had.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 100 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 04 19 04 09 Page 1 of 1

© 2009, The Hartford

BUSINESS INCOME EXTENSION FOR OFF-PREMISES

UTILITY SERVICES

This endorsement modifies insurance provided under the following:

SPECIAL PROPERTY COVERAGE FORM

This insurance applies only when Business Income and

Extra Expense is shown in the Declarations as

applicable. Except as otherwise stated in this

endorsement, the terms and conditions of the policy

apply to the insurance stated below.

A. BUSINESS INCOME EXTENSION FOR OFFPREMISES UTILITY SERVICES

This Coverage Extension applies only when the

Business Income Additional Coverage is included in

this policy.

We will pay for loss of Business Income or Extra

Expense at the "scheduled premises" caused by the

interruption of service to the "scheduled premises".

The interruption must result from direct physical loss

or physical damage by a Covered Cause of Loss to

the following property not on "scheduled premises":

1. "Water Supply Services";

2. "Communication Supply Services"; or

3. "Power Supply Services".

B. WAITING PERIOD

We will only pay for loss you sustain after the first

12 consecutive hours following the direct physical

loss of or physical damage to the off-premises

property to which this endorsement applies. We will

not pay for any reduction in business income or

extra expense after electricity, steam or gas has

been restored to the "scheduled premises".

C. LIMIT OF INSURANCE

The most we will pay in any one occurrence for loss

under this extension is the limit of insurance shown

in the Declarations at each "scheduled premises".

D. ADDITIONAL DEFINITIONS

1. "Water Supply Services", meaning the

following types of property supplying water to

the "scheduled premises":

a. Pumping stations; and

b. Water mains.

2. "Communication Supply Services", meaning

property, including overhead transmission lines

supplying communication services, including

telephone, radio, microwave or television

services, to the "scheduled premises", such as:

a. Communication transmission lines,

including optic fiber transmission lines;

b. Coaxial cables; and

c. Microwave radio relays except satellites.

3. "Power Supply Services", meaning the

following types of property supplying electricity,

steam or gas, including overhead transmission

lines to the "scheduled premises":

a. Utility generating plants;

b. Switching stations;

c. Substations;

d. Transformers; and

e. Transmission Lines.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 101 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 04 22 07 05 Page 1 of 2

© 2005, The Hartford

FINE ARTS

This endorsement modifies insurance provided under the following:

SPECIAL PROPERTY COVERAGE FORM

This insurance applies only when the property is

covered under the Special Property Coverage Form.

Except as otherwise stated in this endorsement, the

terms and conditions of the policy apply to the insurance

stated below.

The following changes are made to the Special Property

Coverage Form:

A. Under A. Coverage:

1. The following paragraph is added to 1. Covered

Property:

Fine Arts listed and described in the

Declarations or Schedule which are:

a. Owned by you; or

b. Owned by others, and in your care, custody

and control; and

c. Located at the “scheduled premises”, or in

transit to and from the “scheduled

premises”, or at your residence.

2. The following is added to Paragraph 2.

Property Not Covered with respect to coverage

afforded by this endorsement:

Property on exhibition at fairgrounds or at any

type of exposition, unless such locations are

listed and described in the Declarations or

Schedule.

3. The following special Limitation provision

applies to property covered by this

endorsement:

Art glass windows, glassware, statuary,

marbles, bric-a-brac, porcelains and other

articles of fragile or brittle nature are covered

against loss by breakage only if loss or damage

is caused by "specified causes of loss."

4. Section B. EXCLUSIONS do not apply to

coverage afforded under this endorsement,

except for:

(1) Governmental Action;

(2) Nuclear Hazard; and

(3) War and Military Action.

5. Additional Exclusions

We will not pay for physical loss or physical

damage caused by or resulting from:

a. Delay, loss of use, loss of market, or any

other causes of consequential loss;

b. Wear and tear, depreciation or

obsolescence;

c. Rust, corrosion, fungus, decay,

deterioration, hidden or latent defect, or any

quality in property that causes it to damage

or destroy itself;

d. Insects, birds, rodents or other animals.

e. Dishonest acts by:

(1) You or any of your partners;

(2) Your directors or trustees;

(3) Your authorized representatives or

employees; or

(4) Anyone, other than a carrier for hire, to

whom you entrusted the Covered

Property, including their employees, for

any purpose:

Whether acting alone or in collusion with

others; and

Whether or not occurring during the hours of

employment.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 102 of 157
Page 2 of 2 Form SS 04 22 07 05

f. Voluntary parting with any property whether

or not induced to do so by any fraudulent

scheme, trick, device or false pretense.

g. Unauthorized instructions to transfer

property to any person or to any place.

h. Theft from any unattended vehicle unless at

the time of theft its windows, doors and

compartments were closed and locked and

there are visible signs that the theft was the

result of forced entry.

But this exclusion does not apply to property

in the custody of a carrier for hire.

i. Processing or work performed upon the

property.

B. Limits of Insurance

Section C. LIMITS OF INSURANCE is replaced by

the following:

The most we will pay for physical loss or physical

damage in any one occurrence for property covered

under this endorsement is the Limit of Insurance

shown in the Declarations for “Fine Arts”, but no

more than $25,000 for any one item of “Fine Arts”.

C. Deductible

We will adjust loss in any one occurrence under this

endorsement as a single loss. The only deductible

amount that applies under this coverage is the larger

of:

1. $250; or

2. The amount shown in the Declarations as a

deductible applicable to this coverage.

D. Additional Conditions

1. Valuation

The following is added to Section E.

PROPERTY LOSS CONDITIONS:

The value of Covered Property will be the

amount shown in the Declarations or Schedule

for each item of Covered Property, which is

agreed to be the value of the item.

2. Pair or Set

In case of total loss to an item of Covered

Property which is part of a pair or set, we agree

to pay you the full amount of the pair or set as

shown in the Declarations or Schedule and you

agree to surrender the remaining item(s) of the

pair or set to us.

3. Packing

You agree that Covered Property will be packed

and unpacked by competent packers.

E. Additional Definition

The following definition is added to Section H.

DEFINITIONS:

"Fine Arts" meaning paintings, etchings, pictures,

tapestries, art glass windows, valuable rugs,

statuary, marbles, bronzes, antique furniture, rare

books, antique silver, manuscripts, porcelains, rare

glass, bric-a-brac, and similar property of rarity,

historical value or artistic merit.

F. Recovered Property

If either you or we recover any property after loss

settlement, that party must give the other prompt

notice. At your option, you may retain the property.

But then you must return to us the amount we paid

to you for the property. We will pay recovery

expenses and the expenses to repair the Covered

Property, subject to the Limit of Insurance.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 103 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 04 30 07 05 Page 1 of 2

© 2005, The Hartford

TRANSIT COVERAGE – PROPERTY IN THE CARE OF

CARRIERS FOR HIRE

This endorsement modifies insurance provided under the following:

SPECIAL PROPERTY COVERAGE FORM

Except as otherwise stated in this endorsement the

terms and conditions of the policy and of the Special

Property Coverage Form apply to the insurance stated

below.

A. With respect to this Transit Coverage – Property in

the Care of Carriers for Hire only, the following

changes are made to the Special Property Coverage

Form:

1. Under A.4. Limitations, subparagraph c.(3)

which limits coverage for patterns, dies, molds

and forms, is deleted.

2. Under B. Exclusions

a. Exclusions 1.a. (Earth Movement) and 1.f.

(Water) do not apply to property in transit.

b. Exclusions 2.e. (Dishonesty) and 2.g.

(Exposed Property) do not apply to property

in custody of a carrier for hire.

c. Exclusion 2.f. (False Pretense) does not

apply to loss or damage caused by your

good faith acceptance of false bills of lading

or shipping receipts.

d. The following Exclusion is added:

We will not pay for physical loss or physical

damage caused by or resulting from poor or

insufficient packaging or packing.

B. Transit Coverage – Property in the Care of

Carriers for Hire

1. The insurance that applies to your Business

Personal Property and Personal Property of

Others is extended to apply to shipments of that

property while in transit at your risk, by motor

vehicle, railroad car or aircraft between points

within the Coverage Territory. This includes

property you have sold and for which your

responsibility continues until it is delivered.

2. The Transit Coverage – Property in the Care of

Carriers for Hire also applies to:

a. Expenses to Inspect, Repackage and

Reship Damaged Shipments

The necessary additional expenses you incur

to inspect, repackage and reship Covered

Property which is physically damaged as a

result of a Covered Cause of Loss.

b. Expenses to Protect Covered Property

from Spoilage or Change in Temperature

The necessary additional expense you incur

to temporarily store Covered Property in a

temperature controlled environment in order

to avoid or minimize physical loss or

physical damage to such property from

spoilage or change in temperature. Such

temporary storage must be made necessary

by the sudden and accidental breakdown of

heating or refrigeration unit(s) on

transporting conveyances.

This additional expense will not include:

(1) Expenses to repair or replace heating or

refrigeration unit(s);

(2) Costs or penalties due to detention or

delay of any vehicles, trailers,

conveyances or containers; or

(3) Costs for additional wages, room, board

or meals.

c. F.O.B. Shipments

Outgoing shipments where the risk of

physical loss or physical damage is

transferred to the buyer when such property

leaves your premises.

You must use all reasonable means to

collect the amount due you from the buyer

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 104 of 157
Page 2 of 2 Form SS 04 30 07 05

before making a claim under this Transit

Coverage. We will not make payment until

you grant us the right of recovery against

the buyer.

d. Loading and Unloading

Shipments during loading or unloading and

within 500 feet of any transporting

conveyance.

e. Return Shipments

Outgoing shipments which have been

rejected by the consignee or are not

deliverable, while:

(1) In due course of transit, being returned

to you; or

(2) Up to 10 days after delivery or

attempted delivery awaiting return

shipment to you.

Payment under paragraphs a., b., c., d. and

e. above will not increase the Transit

Coverage Limit of Insurance.

C. Under this Transit Coverage – Property in the

Care of Carriers for Hire, we will not pay for:

1. Property in the care, custody or control of your

salespersons.

2. Mail shipments in the custody of the U.S. Postal

Service.

3. Property of Others for which you are responsible

as a:

a. Carrier for hire; or

b. Carloader, consolidator, broker, freight

forwarder, shipping association, or other

arranger of transportation.

4. Property in or on a motor vehicle you own, lease

or operate.

D. Limit of Insurance

The Limit of Insurance shown in the Declarations for

Transit Coverage – Property in the Care of Carriers

for Hire is the most we will pay for all physical loss

or physical damage in any one occurrence to

property insured under this endorsement.

E. Deductible

We will not pay for physical loss or physical damage

in any one occurrence until the amount of physical

loss or physical damage exceeds $250. We will

then pay the amount of physical loss or physical

damage in excess of $250 up to the applicable Limit

of Insurance.

F. Additional Conditions

1. Valuation

Property Loss Condition E.5. is deleted and

replaced by the following:

a. Valuation

(1) Property You Own

The value of Covered Property will be

the amount of invoice plus accrued

charges, prepaid charges and charges

since shipment; or

(2) In the absence of an invoice, the value

of Covered Property will be its actual

cash value, with proper deduction for

depreciation, at the point of destination

on the date of expected arrival.

b. Property of Others

The most we will pay for Covered Property

owned by others is the lesser of:

(1) Your legal liability for direct physical

loss or physical damage to such

property; or

(2) What we would pay if you had owned

the property.

2. Impairment of Rights of Recovery

We will not pay for physical loss or physical

damage, if you impair our rights to recover

damages from any carrier for hire. But you may

accept from carriers for hire bills of lading,

receipts or contracts of transportation which

contain a limitation of value.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 105 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

Form SS 04 37 01 17 Page 1 of 2

© 2017, The Hartford

BARBER SHOP AND BEAUTY SALON PROFESSIONAL

SERVICE LIABILITY

This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM

Except as otherwise stated in this endorsement, the

terms and conditions of the policy apply to the

insurance stated below.

Solely with respect to the coverage provided by this

endorsement, the Business Liability Coverage Form is

amended as follows:

A. Amended Coverages

1. The Insuring Agreement (Section A.

COVERAGES) is amended to add the

following:

Coverage is extended to include "bodily

injury", "property damage" and "personal and

advertising injury" arising out of the rendering

of or failure to render "barber shop, beauty

salon or nail salon professional services" in

connection with the operation of an insured's

barber shop, beauty salon or nail salon

business.

2. Section C., WHO IS AN INSURED, is

amended to add the following:

Any independent contractor who performs

"barber shop, beauty salon or nail salon

professional services "on behalf of the named

insured, but only with respect to liability arising

out of such services.

However, with respect to insurance afforded to

any independent contractor of the named

insured, this insurance does not apply to:

a. "Bodily injury" to:

(1) The named insured;

(2) Employees of the named insured; or

(3) Any other independent contractor.

b. "Property damage" to property owned,

occupied or used by, rented to, in care,

custody or control of, or over which

physical control is being exercised for any

purpose by:

(1) Another beautician or barber

independent contractor; or

(2) An employee of the named insured.

B. Amended Exclusions

Exclusion 1.j. Professional Services (Section B.

EXCLUSIONS) does not apply to the extent that

coverage is granted in paragraph A. above.

Exclusion 1.m. Damage to your work (Section B

Exclusions) does not apply to the extent that

coverage is granted in paragraph A. above.

C. Additional Exclusions

The following exclusions are added to Section B.

EXCLUSIONS

1. This insurance does not apply to "bodily

injury", "property damage" or "personal and

advertising injury" arising out of:

(a) Any services rendered or products used in

treatments that are prohibited by law or

otherwise beyond the scope of any license

granted to the insured.

But the failure of an insured or an

insured's "employee" to perform a

predisposition or skin test will not be

deemed a violation of a prohibition under

the law;

(b) Any services rendered in connection with

any exercise, slendering, weight reducing

or similar program; including but not

limited to any treatments involving

techniques intended to sculpt or contour

the body.

(c) Any equipment or process used to tan

skin;

(d) The use of steam or electric heat baths or

steam or electric heat saunas;

(e) Any form of body massage or massage

therapy (except facial massage);

(f) Chiropody or podiatry;

(g) Any goods or products manufactured by

the insured;

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 106 of 157
Page 2 of 2 Form SS 04 37 01 17

(h) The use, administration or application of

any dye or coloring to eyelashes or eye

brows except mascara or eyebrow pencils;

(i) Body piercing (not including ear piercing);

(j) Any services rendered in connection with

the process of dermabrasion, ablation,

surgical removal of skin blemishes or

imperfections by abrasion or ablation, or

any similar services, however, this does not

include non-surgical microdermabrasion;

(k) Any form of injection of substances into

the skin, including but not limited to

neuromodulator and neurotoxin injections;

(l) Any face lifting, plastic surgery, removal or

attempted removal of warts, moles or

similar types of growths, or removal or

attempted removal of scars;

(m) The use of any apparatus employing

ablative or non-ablative lasers, intense

pulsated light, x-rays, ultrasound,

electrolysis or electric rays to perform vein

treatments, skin therapy treatments or

hair removal.

(n) Tattooing, micropigmentation, including

but not limited to the insertion of pigments

into or under the skin, or tattoo removal;

(o) The use, administration or application of

semi-permanent and/or permanent

makeup;

(p) Any hair implants and/or hair transplants

or any advice or recommendations given

concerning such services;

(q) The use, administration or application of

chemical peels;

(r) The rendering of or failure to render any

service, treatment, advice or instruction

that requires the performance, care,

prescription or supervision by a medical

professional; or

(s) The use of any type of cryotherapy, or

extreme cold as a method of skin or body

treatment.

(t) The violation of any statute, or

governmental rule or regulation; however,

this exclusion does not apply to the failure

to perform a predisposition of skin test.

(u) The rendering or failure to render any

professional service, treatment, advice or

instruction, except for "barber shop,

beauty salon or nail salon professional

services".

2. This insurance does not apply to "bodily

injury", "property damage" or "personal and

advertising injury" caused by:

(a) Any person employed in violation of law as

to age, or under age of 16 years if there is

no legal age limit;

(b) Any operator of a permanent waving

machine who has not had at least 2

months actual experience under the

supervision of a trained operator;

D. Clarification As Respects The Liability And

Medical Expenses Limits of Insurance

The Limits of Insurance for any "occurrence"

covered by this endorsement are within, and not

in addition to, the otherwise applicable Limits of

Insurance, as provided by Section D. LIABILITY

AND MEDICAL EXPENSES LIMITS OF

INSURANCE.

Any damages we pay on your behalf for a covered

"occurrence" will erode the General Aggregate

limit as respects the Limits of Insurance available

to make payments for other claims covered by the

Business Liability Coverage Form. Consequently,

any payment made on your behalf for covered

losses other than those provided by this

endorsement will also erode the General

Aggregate limit.

For the purpose of determining the limits of

insurance for the coverage provided by this

endorsement, any act or omission together with all

related acts or omissions in the furnishing of

"barbershop, beauty salon or nail salon professional

services" to any one person will be considered one

"occurrence" with respect to "bodily injury" or

"property damage" and one offense with respect to

"personal and advertising injury".

E. For the coverage provided by this endorsement,

Paragraph G. Liability And Medical Expenses

Definitions is amended as follows:

1. The definition of "occurrence" is amended to

include any act or omission arising out of the

rendering of or failure to render "barber shop,

beauty salon or nail salon professional

services".

2. The following definition is added:

"Barber shop, beauty salon or nail salon

professional services" means professional

services, treatment and related advice or

instruction provided by a:

1. Hairdresser

2. Beautician

3. Barber

4. Nail technician

However, "barber shop, beauty salon or nail salon

professional services" does not include:

a. The removal of, or the attempted removal

of, hair by electrolysis;

b. Hair implanting or hair transplanting or any

attempt at these; or

c. The use of any dye or coloring to

eyelashes or eyebrows except mascara or

eyebrow pencils.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 107 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 04 39 07 05 Page 1 of 1

© 2005, The Hartford

ACCOUNTS RECEIVABLE

This endorsement modifies insurance provided under the following:

STANDARD PROPERTY COVERAGE FORM

SPECIAL PROPERTY COVERAGE FORM

This coverage applies only when it is indicated in the

Declarations. The provisions of this policy apply to the

coverage stated in this endorsement, except as

indicated below.

A. When shown in the Declarations as applicable, the

Limit of Insurance stated in paragraph A.5.a.(1),

Accounts Receivable, in the Standard Property

Coverage Form and A.6.a.(1), Accounts

Receivable, in the Special Property Coverage Form

is replaced by the Limit of Insurance for Accounts

Receivable shown in the Declarations. All other

terms and conditions of the Accounts Receivable

Coverage Extension apply to this Optional

Coverage.

B. Limit of Insurance

The most we will pay under this coverage extension

in any one occurrence is the Limit of Insurance

shown in the Declarations for Accounts Receivable.

C. Deductible

We will not pay for loss in any one occurrence

unless the amount of loss exceeds the policy

deductible stated in the Declarations. We will then

pay the amount of loss in excess of the Deductible,

up to the Limit of Insurance.

D. Additional Conditions

(1) If you cannot accurately establish the value of

accounts receivable outstanding as of the time

of direct physical loss or physical damage the

following method will be used:

(a) Determine the total of the average monthly

value of accounts receivable for the 12

months immediately preceding the month in

which the direct physical loss or physical

damage occurred; and

(b) Adjust that total for any normal fluctuations

in the value of accounts receivable for the

month in which the direct physical loss or

physical damage occurred or for any

demonstrated variance from the average for

that month.

(2) The following will be deducted from the total

value of accounts receivable, however that

value is established:

(a) The value of the accounts for which there is

no loss or damage;

(b) The value of the accounts that you are able

to reestablish or collect;

(c) A value to allow for probable bad debts that

you are normally unable to collect; and

(d) All unearned interest and service charges.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 108 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 04 41 03 18 Page 1 of 3

© 2018, The Hartford

COMPUTERS AND MEDIA

This endorsement modifies insurance provided under the following:

STANDARD PROPERTY COVERAGE FORM

SPECIAL PROPERTY COVERAGE FORM

The provisions of this policy apply to the coverage

stated in this endorsement, except as indicated below.

A. Computer Equipment, Electronic Data and

Software

1. Coverage

We will pay for direct physical loss of or

physical damage, to "computer equipment"

and the cost to research, replace or restore

physically lost or physically damaged

"electronic data" and "software" subject to the

Limit of Insurance shown in the Declarations

for Computers and Media while anywhere

within the coverage territory, and while in

transit, but only if:

a. Owned by you; or

b. Owned by others but in your care, custody

and control regardless of whether you use

it for personal or business needs.

2. Property Not Covered

"Computer Equipment" as used in this optional

coverage does not include:

a. Source documents, other than manuals

purchased with hardware or "software";

b. Worksheets and printouts;

c. Property held for sale or lease;

d. Property leased or rented to others; or

e. "Money", deeds, notes, "securities" or

other financial instruments, including such

instruments in electronic form.

3. Extended Causes of Loss

Direct physical loss or physical damage to your

"computer equipment", "electronic data" or

"software", or "computer equipment",

"electronic data" or "software" of others in your

care, custody or control is extended to include

the following:

a. Electromagnetic injury caused by:

(1) Blackout or brownout;

(2) Power Failure;

(3) Airport security check, or radio or

telephone line interference; or

(4) Electromagnetic disturbance outside

the "computer system".

b. Head crash, meaning physical damage to

disks, tapes or hardware caused by a

contact of electromagnetic heads (which

read or write information) with such disks

or tapes;

c. Damage caused by a "computer virus";

and

d. Theft of "computer equipment" away from

the "scheduled premises". Theft means

an act of stealing or an attempt to steal.

Theft includes loss of property from a

known place when it is likely that the

property has been stolen.

4. Exclusion

We will not pay to research, replace or restore

physically lost or physically damaged

"electronic data" or "software" which is

licensed, leased or rented to others.

5. Deductible

We will not pay for loss or damage in any one

occurrence to "computer equipment" until the

amount of loss or damage exceeds $250,

unless a separate deductible is stated in the

Declarations for Computers and Media

Coverage.

B. Additional Coverage

1. Business Income and Extra Expense

Coverage

If Business Income and Extra Expense

Coverage is included in this policy then the

following applies.

a. Coverage

(1) Coverage under this endorsement

applies to the following Additional

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 109 of 157
Page 2 of 3 Form SS 04 41 03 18

Coverages and Coverage Extensions

in the Standard or Special Property

Coverage Form with respect to

"computer equipment", "electronic

data" and "software":

(a) Business Income;

(b) Extra Expense;

(c) Civil Authority;

(d) Extended Business Income; and

(e) Newly Acquired or Constructed

Property Coverage.

(2) Coverage under this endorsement

does not apply to any other Additional

Coverage or Coverage Extension.

b. Coverage Limitations

The following limitations apply only if the

physical loss or physical damage is a

direct result of the Extended Causes of

Loss for "computer equipment", "software"

and "electronic data" as indicated below.

(1) Limit of Insurance

This Additional Coverage is included

in the Limit of Insurance for

Computers and Media shown in the

Declarations when the actual loss of

business income and extra expense

you incur due to the necessary

suspension (slowdown or cessation) of

your operations is a result of:

(a) A cause of loss included in A.3.a.,

b. or c., Extended Causes of

Loss, of this endorsement; or

(b) Physical damage or physical loss

to "computer equipment",

"electronic data", and "software"

that was away from the scheduled

premises at the time of loss.

This is not an additional limit of

insurance.

(2) Waiting Period

We will not pay for any covered

Business Income loss you sustain

under this provision due to physical loss

or physical damage to "electronic data",

or "software" caused by a "computer

virus" which results in the necessary

suspension (slowdown or cessation) of

your business described in the

Declarations during the first 12 hours

that immediately follow the start of such

suspension. This Waiting Period

applies independent of the deductible

applicable to "Computer Equipment".

2. Equipment Breakdown Coverage

The Additional Coverage for Equipment

Breakdown applies to "computer equipment",

"electronic data", and "software" when this

endorsement is attached to the Special

Property Coverage Form and Equipment

Breakdown Additional Coverage is included on

the policy.

C. Exclusion of Certain Computer Related Losses

The provisions of this endorsement do not override

or in any way affect the application of the Exclusion

of Certain Computer Related Losses if such

exclusion is endorsed to or otherwise made a part

of this policy. That exclusion addresses the

inability of a "computer system" to correctly

recognize process, distinguish, interpret or accept

one or more dates or times.

D. Exclusions

1. Section B. Exclusions, of the Standard or

Special Property Coverage Form do not apply

to coverage provided by this endorsement,

except for the exclusions of:

a. Earth Movement;

b. Governmental Action;

c. Nuclear Hazard;

d. War and Military Action; and

e. Water.

2. Additional Exclusions

We will not pay for loss or damage caused by

or resulting from:

a. Input, programming or processing errors;

b. Mechanical breakdown or failure, however

head crash will not be considered as a

mechanical breakdown or failure.

This exclusion does not apply to

"computer equipment", "electronic data",

and "software" when this endorsement is

attached to the Special Property Coverage

Form and Equipment Breakdown

Additional Coverage is included on the

policy;

c. Faulty construction, materials or

workmanship;

d. Error, omission or deficiency in design;

e. Rust, corrosion, deterioration, hidden or

latent defect or any quality in property that

causes it to damage or destroy itself;

f. Dryness or dampness of atmosphere;

changes in or extremes of temperature;

g. Wear and tear, marring or scratching;

h. Insects, birds, rodents, or other animals;

i. Obsolescence;

j. Dishonest or criminal acts by you, any of

your partners, employees, trustees,

authorized representatives or anyone to

whom you entrust the property for any

purpose, whether acting alone or in

collusion with others;

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 110 of 157
Form SS 04 41 03 18 Page 3 of 3

k. Unexplained disappearance, however we

will cover theft of "computer equipment" as

provided in provision A.3.d.;

l. Unlawful trade, or seizure by orders of

governmental authority;

m. Delay or loss of market; and

n. Theft of laptop, palmtop or similar portable

property while in transit as checked

baggage.

E. Limit of Insurance

The most we will pay for physical loss or physical

damage in any one occurrence is the Limit of

Insurance for Computers and Media shown in the

Declarations.

F. Loss Payment

This Loss Payment condition is applicable to the

"computer equipment", "electronic data", and

"software" coverage provided by this endorsement.

We will determine the value of Covered Property

as follows:

1. ''Computers,'' ''peripheral devices", ''media'',

and manuals at the full cost to repair or

replace the property subject to the Limit of

Insurance. However, we will not pay more for

physical loss or physical damage on a

replacement cost basis than the lesser of and

the following:

a. The amount necessary to replace the item

with similar property possessing the

minimum characteristics necessary to

perform the same functions when

replacement with identical property is not

possible or practical.

b. The amount necessary to repair or replace

the item with one substantially identical to

the physically lost or physically damaged

item. In the event of a covered total loss

to one or more items, we will allow up to

20% over the current replacement cost as

described in this provision, as an Optional

Upgrade Allowance for the purchase of new

property with upgraded processing or

performance characteristics. This Optional

Upgrade Allowance will, at our option, be

payable after you have purchased the

replacement property and have provided us

with written proof of such purchases; or

c. If the item is not repaired or replaced, we

will not pay more than the actual cash

value of the item at the time of physical

loss or physical damage. If you elect this

option, you have the right to make further

claim within 180 days after loss for any

additional payment on a replacement cost

basis.

2. In the event of physical loss or physical

damage to "electronic data" or "software", we

will pay the reasonable amount you actually

spend to reproduce, restore, or replace the

physically lost or physically damaged

"electronic data" or "software". This includes

the cost of computer consultation services for

restoration and the cost of research to

reconstruct lost or damaged information. But

we will not pay more than the Limit of

Insurance for Computers and Media specified

in the Declarations.

3. In the event of physical loss or physical

damage to any part of "computer equipment",

"electronic data" or "software", we will pay only

what it would cost to replace, reproduce, or

restore the physically lost or physically

damaged part.

G. Additional Definitions

1. "Computer Virus" means a program, which is

intentionally created to cause damage or

disruption in the computer operations of a

party using or coming in contact in any way

with the program.

2. "Computer System" includes "computer",

"peripheral devices", "software", and

"electronic data" necessary for the "computer"

to function for its intended purpose.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 111 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 04 42 03 17 Page 1 of 3

© 2017, The Hartford

EMPLOYEE DISHONESTY COVERAGE

This endorsement modifies insurance provided under the following:

STANDARD PROPERTY COVERAGE FORM

SPECIAL PROPERTY COVERAGE FORM

Except as otherwise stated in this endorsement, the

terms and conditions of the policy apply to the insurance

stated below.

A. COVERAGE

1. The following is added to Paragraph A.5.,

Additional Coverages, of the Special Property

Coverage Form:

Employee Dishonesty Coverage

(1) We will pay for loss of, and loss from

damage to, Covered Property resulting

directly from the Covered Causes of

Loss.

Covered Property, solely as used in this

Additional Coverage, means "money",

"securities", and other tangible property

of intrinsic value and not otherwise

excluded.

Covered Causes of Loss means

dishonest acts committed by an

"employee", except you, whether

identified or not, acting alone or in

collusion with other persons, with the

manifest intent to:

(a) Cause you to sustain loss; and also

(b) Obtain financial benefit (other than

salaries, commissions, fees,

bonuses, promotions, awards, profit

sharing or pensions or other

employee benefits earned in the

normal course of employment) for:

(i) That "employee"; or

(ii) Any person or organization

intended by the "employee" to

receive that benefit.

(2) Employee Dishonesty Additional

Coverages:

(a) We will pay for loss of Covered

Property arising out of a Covered

Cause of Loss caused by any

"employee" while temporarily

outside the Coverage Territory for a

period of not more than 90 days.

(b) We will pay for any loss of Covered

Property arising out of a Covered

Cause of Loss caused by your

"employee" while at the premises of

your client or customer.

Any claim for loss sustained by any

client or customer and covered by

this policy may only be made by you

in your Proof of Loss. No third party

has a direct right against this

insurance and no third party may

make a direct claim against us as

the writer of your insurance.

(3) Coverage under the Employee

Retirement Income Security Act of

1974, as amended ("ERISA")

(a) We will pay for loss of, and loss

from damage to, Covered Property

resulting directly from the Covered

Causes of Loss.

Covered Property, solely as

applicable to ERISA coverage,

means the funds or other property

of any employee pension benefit

plan or employee welfare benefit

plan that:

(i) Is subject to (and not exempt

from) the bond requirement set

forth in Section 412 of ERISA,

and

(ii) You establish and maintain for

your employees (a "Plan")

and which is not otherwise

excluded.

Covered Causes of Loss, solely as

applicable to ERISA coverage,

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 112 of 157
Page 2 of 3 Form SS 04 42 03 17

means an act of fraud or dishonesty

committed by an "employee",

except you, whether identified or

not, acting alone or in collusion with

other persons, that results in a loss

to a Plan of funds or other property

which is used or may be used to

pay benefits under the Plan.

"Covered Causes of Loss" does not

include investment losses or any

other loss resulting from a breach of

fiduciary duty under ERISA or a

prohibited transaction as defined by

ERISA and for which coverage is

not required by Section 412 of

ERISA.

(b) Welfare and Pension Plan ERISA

Compliance

In compliance with certain

provisions of the ERISA:

(i) For the purposes of this

insurance, the Plans you

establish and maintain for the

benefit of your employees shall

be Named Insureds under this

Employee Dishonesty

Coverage.

(ii) ''Employee'' includes any

natural person you employ and

any owner, officer, trustee or

director of your company who

"handles" the funds or other

property of the Plan (as defined

in 29 C.F.R. 2580.412-6)

including, but not limited to, the

Plan Administrator. "Employee"

does not include any third party

(including but not limited to a

broker, independent contractor,

record keeper, payroll provider,

trustee or other fiduciary) who

provides services to you or to a

Plan.

(iii) If any Plan is insured jointly with

any other entity under this

insurance, you or the Plan

Administrator must select a

Limit of Insurance under this

Employee Dishonesty Coverage

Form that is sufficient to provide

an amount of insurance for

each Plan that is at least equal

to that required if each Plan

were separately insured.

(iv) If the insured first named in the

Declarations is an entity other

than a Plan, any payment we

make to that insured for loss

sustained by any Plan must be

paid promptly into such plan for

the use and benefit of the

Plan(s) sustaining the loss.

(v) If two or more Plans are insured

under this insurance, any

payment we make for loss

either sustained by two or more

plans, or of commingled funds

or other property of two or more

Plans that arises out of one

occurrence, is to be shared by

each Plan sustaining loss in the

proportion that the amount of

insurance required for each

such Plan under ERISA

provisions bears to the total of

those amounts.

(4) Theft Limitation Exception

Limitation A.4.c., of the Special Property

Coverage Form does not apply to

coverage provided by this endorsement.

(5) Additional Exclusions

(a) Employee Terminated Under

Prior Insurance

We will not pay for loss caused by

any "employee" of yours, or

predecessor in interest of yours, for

whom similar prior insurance has

been terminated and not reinstated

since the last such termination.

(b) Insurance Operations

We will not pay for direct or indirect

loss resulting from contractual or

extra-contractual liability sustained

by you in connection with the

issuance of contracts or purported

contracts of insurance, indemnity or

suretyship.

(c) Inventory Shortages

We will not pay loss, or that part of

any loss, the proof of which as to its

existence or amount is dependent

upon:

(i) An inventory computation; or

(ii) A profit and loss computation.

(d) Partners

We will pay only for loss caused by

any partner or member of a limited

liability corporation that is in excess

of the sum of:

(i) Any amounts you owe that

partner or member; and

(ii) The value of that partner's or

member's ownership interest

determined by the closing of

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 113 of 157
Form SS 04 42 03 17 Page 3 of 3

you organization's books on the

date of discovery of the loss by

anyone in your organization not

involved in the Employee

Dishonesty; and

(iii) Any applicable deductible

amount.

(e) Trading Loss

We will not pay for loss resulting

directly or indirectly from trading,

whether in your name or in a

genuine or fictitious account if such

loss does not result from dishonesty

or fraud.

(6) Additional Conditions

(a) Termination As To Any

"Employee"

This insurance is terminated as to

any "employee":

(i) Immediately upon discovery by

you, or any of your partners,

officers or directors not in

collusion with the "employee", of

any dishonest or fraudulent act

committed by that "employee"

whether before or after

becoming employed by you; or

(ii) On the date specified in a notice

mailed to you. That date will be

at least 30 days after the date of

mailing.

The mailing of notice to you at

the last mailing address known

to us will be sufficient proof of

notice. Delivery of notice is the

same as mailing.

(7) Limit of Insurance

The most we will pay for each

occurrence of loss under this Additional

Coverage is the Employee Dishonesty

Limit of Insurance stated in the

Declarations.

(8) Deductible

We will not pay for loss in any one

occurrence unless the amount of loss

exceeds the Deductible shown

Paragraph D.5. the Special Property

Coverage Form, unless a separate

Deductible for Employee Dishonesty

applies and is stated in the

Declarations. We will then pay the

amount of the loss in excess of the

Deductible, up to the Limit of Insurance.

No deductible applies to the coverage

granted in Paragraph A.1.(3) of this

endorsement.

(9) Occurrence Definition

As used in this Additional Coverage,

occurrence means all loss caused by, or

involving, one or more "employees",

whether the result of a single act or

series of acts.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 114 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 04 44 07 05 Page 1 of 1

© 2005, The Hartford

OUTDOOR SIGNS

This endorsement modifies insurance provided under the following:

STANDARD PROPERTY COVERAGE FORM

SPECIAL PROPERTY COVERAGE FORM

This coverage applies only when it is indicated in the

Declarations. The provisions of this policy apply to the

coverage stated in this endorsement, except as

indicated below.

A. We will pay for direct physical loss of or physical

damage to all outdoor signs at the “scheduled

premises”:

(1) Owned by you; or

(2) Owned by others but in your care, custody and

control.

B. Paragraph A.3., Covered Causes of Loss, and

Section B., Exclusions, do not apply, to this Optional

Coverage, except for:

(1) Governmental Action;

(2) Nuclear Hazard; and

(3) War and Military Action.

C. Additional Exclusion

We will not pay for physical loss or physical damage

caused by or resulting from:

(1) Wear and tear;

(2) Hidden or latent defect;

(3) Rust;

(4) Corrosion; or

(5) Mechanical breakdown.

D. Limit of Insurance

The most we will pay for physical loss or physical

damage in any one occurrence is the Limit of

Insurance for Outdoor Signs shown in the

Declarations.

E. The provisions of this Optional Coverage supersede

all other references to outdoor signs in this policy.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 115 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 04 45 07 05 Page 1 of 1

© 2005, The Hartford

PERSONAL PROPERTY OF OTHERS

This endorsement modifies insurance provided under the following:

STANDARD PROPERTY COVERAGE FORM

SPECIAL PROPERTY COVERAGE FORM

This coverage applies only when it is indicated in the Declarations. The provisions of this policy apply to the coverage

stated in this endorsement, except as indicated below.

We will pay, on replacement cost basis, for direct physical loss or physical damage by a Covered Cause of Loss to

Personal Property of Others that is in your care, custody and control.

The most we will pay for direct physical loss or physical damage in any one occurrence is the Limit of Insurance

applicable to Personal Property of Others shown in the Declarations.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 116 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 04 46 09 14 Page 1 of 2

© 2014, The Hartford

TEMPERATURE CHANGE

This endorsement modifies insurance provided under the following:

STANDARD PROPERTY COVERAGE FORM

SPECIAL PROPERTY COVERAGE FORM

This coverage applies only when it is indicated in the

Declarations. The provisions of this policy apply to the

coverage stated in this endorsement, except as

indicated below.

A. We will pay for direct physical loss of or physical

damage to ''perishable stock'' at the "scheduled

premises" caused by or resulting from:

1. A change in temperature or humidity resulting

from:

(a) Mechanical breakdown or failure of:

(1) Stationary heating plants; or

(2) Refrigerating, cooling or humidity control

apparatus or equipment;

But only while such plants, equipment or

apparatus are at the "scheduled premises".

(b) Complete or partial failure of electric power,

either on or away from your "scheduled

premises". Such failure of power must be

due to conditions beyond your control; or

2. Contamination by a refrigerant.

B. SELLING PRICE

We will determine the value of finished "perishable

stock" in the event of direct physical loss or physical

damage at the selling price, as if no physical loss or

physical damage had occurred less discounts and

expenses you otherwise would have had.

C. We will not pay for direct physical loss of or physical

damage to "perishable stock" located:

1. On buildings;

2. In the open; or

3. In vehicles, other than trailers used for storage

located within 1000 feet of the "scheduled premises’.

D. EXCLUSIONS

1. The following exclusions under SECTION B -

EXCLUSIONS are deleted:

(a) Ordinance or Law;

(b) Power Failure; and

(c) Mechanical Breakdown in the Standard

Property Coverage Form.

2. The following exclusions are added:

We will not pay for direct physical loss or

physical damage caused by or resulting from:

(a) The disconnecting of any of the following

systems from the source of power:

(1) Refrigerating;

(2) Cooling; or

(3) Humidity control.

(b) The loss of electrical power caused by the

shutting off of any switch or other device

used to control the flow of electric power or

current.

(c) The inability of an electrical utility company,

your stationary heating plant or any other

power source to provide sufficient heat or

power due to:

(1) Lack of fuel;

(2) Lack of capacity to make enough heat

or power; or

(3) Order of the government.

(d) Breaking of any glass that is a

permanent part of a refrigerating, cooling

or humidity control unit.

E. DEDUCTIBLE

We will not pay for loss in any one occurrence unless

the amount of loss exceeds the deductible stated in

paragraph D.5. of the Standard Property Coverage

Form or D.5. of the Special Property Coverage Form.,

unless a different deductible is stated in the

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 117 of 157
Page 2 of 2 Form SS 04 46 09 14

Declarations for Temperature Change. We will then pay

the amount of loss in excess of the deductible, up to the

Limit of Insurance.

F. LIMIT OF INSURANCE

The most we will pay for direct physical loss or

physical damage in any one occurrence is the

Limit of Insurance for Temperature Change

shown in the Declarations.

G. ADDITIONAL CONDITIONS

1. We will pay for direct physical loss or

physical damage under this Optional

Coverage only when:

(a) Such physical loss or physical damage

is not covered elsewhere in this policy or

any other policy that insures the

''perishable stock'' at the "scheduled

premises"; and

(b) This Temperature Change coverage is

shown as a specific item of insurance in

the Declarations.

2. In the event of physical loss or physical

damage, none of the other coverages under

this policy or any other policy will share in its

payment unless the provisions of the policy

are similar to the provisions of this Optional

Coverage.

3. We will not pay more than the Limit of

Insurance shown in the Declarations for the

Temperature Change.

H. ADDITIONAL DEFINITIONS

For the purpose of this insurance:

1. ''Mechanical breakdown'' means:

(a) Breaking or separation of any

mechanical part(s) other than gas pipes

or lines; or

(b) Burning out of any electrical motor

servicing such unit; and

requiring replacement of the damaged parts

to become functional.

But ''mechanical breakdown'' does not mean

faulty operation or failure of equipment which

results in temperature change but does not

require replacement of broken parts.

We will not pay for direct physical loss or

physical damage to "perishable stock"

caused by such faulty operation or failure of

equipment.

2. ''Perishable stock'' means personal property:

(a) Maintained under controlled conditions

for its preservation; and

(b) Susceptible to direct physical loss or

physical damage if the controlled

conditions change.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 118 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 04 47 04 09 Page 1 of 2

© 2009, The Hartford

VALUABLE PAPERS AND RECORDS

This endorsement modifies insurance provided under the following:

STANDARD PROPERTY COVERAGE FORM

SPECIAL PROPERTY COVERAGE FORM

This coverage applies only when it is indicated in the

Declarations. The provisions of this policy apply to the

coverage stated in this endorsement, except as

indicated below.

A. We will pay for direct physical loss of or physical

damage to the following types of property at the

"scheduled premises" that is your property or

property of others in your care, custody or control:

Valuable Papers and Records, meaning inscribed,

printed or written:

(1) Documents;

(2) Manuscripts;

(3) Records including patient records; or

(4) X-Rays

including abstracts, books, deeds, drawings, films,

maps or mortgages.

But Valuable Papers and Records does not

include:

(1) Property that cannot be reproduced, replaced or

restored;

(2) ''Money'' and ''Securities'';

(3) Converted data; or

(4) Programs or instructions used in your data

processing operations, including the material on

which the data is recorded.

B. Limit of Insurance

The most we will pay for direct physical loss or

physical damage in any one occurrence is the Limit

of Insurance for Valuable Papers and Records

shown in the Declarations.

C. Deductible

We will not pay for loss in any one Occurrence

unless the amount of loss exceeds the policy

deductible stated in the Declarations. We will then

pay the amount of loss in excess of the Deductible,

up to the Limit of Insurance.

D. Under this Optional Coverage we will not pay for

property:

(1) Held as samples or for delivery after sale;

(2) In storage away from the premises shown in the

Declarations; or

(3) If such property can not be replaced with other

property of like kind and quality.

E. With respect to this Optional Coverage, Coverage

Extension A.5.h., Property Off-Premises in the

Standard Property Coverage Form and Coverage

Extension A.6.h., Property Off-Premises in the Special

Property Coverage Form are replacedby the following:

1. You may apply the insurance provided under

this Optional Coverage to Valuable Papers and

Records while such property is not at the

"scheduled premises", including while in transit.

The most we will pay for direct physical loss or

physical damage under this Coverage Extension

is 25% of the Limit of Insurance shown in the

Declarations for Valuable Papers and Records

but not more than $25,000.

2. However, if Valuable Papers and Records – OffPremises is scheduled in the Declarations, then

the limit in E.1. above is replaced by the limit of

insurance shown in the Declarations for

Valuable Papers and Records – Off-Premises.

F. The Valuable Papers and Records Coverage

Extension, paragraph A.5.i. in the Standard Property

Coverage Form and paragraph A.6.i. in the Special

Property Coverage Form., do not apply to any

premises where this Optional Coverage applies.

G. With respect to coverage provided by this

endorsement, paragraph E.5.d.(6) in the Standard

Property Coverage Form and in the Special Property

Coverage Form are replaced by the following:

(6) We will determine the value of "Valuable Papers

and Records" at the cost of:

a. Blank materials for reproducing the records;

and

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 119 of 157
Page 2 of 2 Form SS 04 47 04 09

b. The reasonable cost to research, replace or

restore the lost information.

H. Section B. Exclusions does not apply to this

Optional Coverage except for:

(1) Governmental Action;

(2) Nuclear Hazard; and

(3) War and Military Action.

I. Additional Exclusions

We will not pay for direct physical loss or physical

damage caused by or resulting from any of the

following:

(1) Dishonest acts by:

(a) You, or your employees or authorized

representatives;

(b) Anyone else with an interest in the property,

or their employees or authorized

representatives; or

(c) Anyone else to whom the property is

entrusted.

This exclusion applies whether or not such

persons are acting alone or in collusion with

other persons or such acts occur during the

hours of employment.

But this exclusion does not apply to a carrier for

hire.

(2) Errors or omissions in processing or copying.

But we will pay for direct physical loss or

physical damage caused by resulting fire or

explosion.

(3) Electrical or magnetic injury, disturbance or

erasure of electronic recordings.

But we will pay for direct physical loss or

physical damage caused by lightning.

(4) Voluntary parting with any property by you or

anyone entrusted with the property if induced to

do so by any fraudulent scheme, trick, device or

false pretense.

(5) Unauthorized instructions to transfer property to

any person or to any place.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 120 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CRIME COMMON CONDITIONS AND EXCLUSIONS

This endorsement modifies insurance provided under the following:

STANDARD PROPERTY COVERAGE FORM

SPECIAL PROPERTY COVERAGE FORM

The following conditions are added the Standard Property 3. Joint Insured

Coverage Form and the Special Property Coverage a. If more than one Insured is named in the

Form. Declarations, the first named Insured will act

A. CRIME COMMON CONDITIONS for itself and for every other Insured for all

purposes of this insurance. If the first named 1. Consolidation - Merger

Insured ceases to be covered, then the next

If through consolidation or merger with, or named Insured will become the first named

purchase of assets of, some other entity: Insured.

a. Any additional persons become “employees” ; b. If any Insured or partner or officer of that

or Insured has knowledge of any information

b. You acquire the use and control of any relevant to this insurance, that knowledge is

additional premises; considered knowledge of every Insured.

any insurance afforded for “employees” or c. An “employee” of any Insured is considered to

premises also applies to those additional be an “employee” of every Insured.

“employees” and premises, but only if you: d. If this insurance or any of its coverages is

(1) Give us written notice within 60 days canceled or terminated as to any Insured, loss

thereafter; and sustained by that Insured is covered only if

discovered no later than one year from the (2) Pay us an additional premium.

date of that cancellation or termination.

2. Discovery Period for Loss

e. We will not pay more for loss sustained by

We will pay only for covered loss discovered no more than one Insured than the amount we

later than one year from the end of the policy would pay if all the loss had been sustained

period. by one Insured.

Discovery of loss occurs when you first become 4. Legal Action Against Us

aware of facts which would cause a reasonable

The following replaces the Legal Action Against Us person to assume that a loss covered by this

in the Property Loss Conditions: policy has been, or may be incurred even though

the exact amount or the details of the loss may not No one may bring a legal action against us under

then be known. this Coverage Part unless:

Discovery also occurs when you receive notice of a. There has been full compliance with all of the

an actual or potential claim against you alleging terms of this Coverage Part; and

facts, which if true, would be a covered loss under b. The action is brought within 2 years after the

this policy. date on which you discover the loss .

Form SS 04 80 03 00 Page 1 of 3

© 2000, The Hartford

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 121 of 157
5. Loss Sustained During Prior Insurance We will also apply any deductible under that

prior policy to the extent it exceeds the a. If you, or any predecessor in interest,

deductible under this policy. sustained loss during the period of any prior

insurance that you or the predecessor in 8. Ownership of Property, Interests Covered

interest could have recovered under that The property covered under this insurance is

insurance except that the time within which to limited to property:

discover loss had expired, we will pay for it

a. That you own or hold; or under this insurance, provided:

b. For which you are legally liable. (1) This insurance became effective at the

time of cancellation or termination of the However, this insurance is for your benefit only. It

prior insurance; and provides no rights or benefits to any other person

or organization. (2) The loss would have been covered by this

insurance had it been in effect when the 9. Policy Period

acts or events causing the loss were a. The Policy Period is stated in the

committed or occurred. Declarations.

b. The insurance under this Condition is part of, b. Subject to the Loss Sustained During Prior

not in addition to, the Limits of Insurance Insurance condition, A.5. above, we will pay

applying to this insurance and is limited to the only for loss that you sustain through acts

lesser of the amount recoverable under: committed or events occurring during the

(1) This insurance as of its effective date; or Policy Period.

(2) The prior insurance had it remained in 10. Recoveries

effect. The following replaces the Recovered Property in

6. Non-Cumulation of Limit of Insurance the Property Loss Conditions:

Regardless of the number of years this insurance a. Any recoveries less the cost of obtaining

remains in force or the number of premiums paid, them, made after settlement of loss covered

no Limit of Insurance cumulates from year to year by this insurance will be distributed as follows:

or period to period. (1) To you, until you are reimbursed for any

7. Loss Covered Under This Insurance and Prior loss that you sustain that exceeds the

Insurance Issued by Us or Any Affiliate Limit of Insurance and the Deductible

Amount, if any; If any loss is covered under this policy and under

any prior canceled or terminated insurance that we (2) Then to us, until we are reimbursed for

or any affiliate had issued to you or any the settlement made;

predecessor in interest, we will not pay more that (3) Then to you, until you are reimbursed for

the highest single Limit of Insurance. We will that part of the loss equal to the

settle such claim as follows: Deductible Amount, if any.

a. We will first pay the Limit of Insurance b. Recoveries do not include any recovery:

applicable under this policy subject to this (1) From insurance, suretyship, reinsurance,

policy's applicable deductible; then security or indemnity taken for our benefit;

b. If the Limit of Insurance under that prior policy or

is equal to or less than the Limit of Insurance (2) Of original “securities” after duplicat es of

under this policy, we will make no further them have been issued.

payment; or

B. CRIME COMMON EXCLUSIONS

c. If the Limit of Insurance under that prior policy

The following are Exclusions replace the Exclusions in is higher than the Limit of Insurance under this

Section B: policy, we will then pay for any remaining part

of the loss. 1. Governmental Action

But in no event will our total payment for loss We will not pay for loss resulting from seizure or

be more than would be payable under the destruction of property by order of governmental

policy with the highest Limit of Insurance. authority.

Page 2 of 3 Form SS 04 80 03 00

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 122 of 157
2. Indirect Loss 3. Any natural person who is your partner or member

We of a limited liability corporation. will not pay for loss that is an indirect result of

any act or occurrence covered by this insurance 4. Any natural person, whether or not compensa ted,

including, but not limited to, loss resulting from: while performing services for you as the chairman

or a member of any committee; a. Your inability to realize income that you would

have realized had there been no loss of, or 5. Any natural person who is a non-compensated

loss from damage to, Covered Property. officer;

b. Payment of damages of any type for which 6. Any natural person who is a director or trustee

you are legally liable. But, we will pay while acting as a member of any of your elected or

compensatory damages arising directly from a appointed committees or while acting within the

loss covered under this insurance. scope of the usual duties of an "employee";

c. Payment of costs, fees or other expenses you 7. Any natural person who is a non-compens ated

incur in establishing either the existence or the volunteer, other than one who is a fund solicitor,

amount of loss under this insurance. while performing services for you that are usual to

the duties of an "employee"; 3. Legal Expenses

We will 8. Any natural person who is a former employee, not pay for expenses related to any legal

director, partner, member, representative or action.

trustee retained as a consultant while performing

4. Nuclear Hazard services for you;

We will not pay for loss resulting from nuclear 9. Any natural person who is a student intern who is

reaction, nuclear radiation or radioactive pursuing studies or acting within the scope of the

contamination, or any related act or incident. usual duties of an “employee” ;

5. War and Similar Actions 10. Any natural person, who is a student enrolled in

We will not pay for loss resulting from war, your facility, while handling or has possession of

whether or not declared, warlike action, property or funds in connection with sanctioned

insurrection, rebellion or revolution, or any related student activities;

act or incident. 11. The spouses of and children over 18 years old

C. CRIME COMMON DEFINTIONS who reside with any "employee" who is a building

The manager, superintendent or janitor. following is added to Definitions

Each family is deemed to be, collectively, one "Employee" means:

"employee" for the purposes of this insurance,

1. Any natural person: except that any Termination Condition applies

a. While in your service (and for 60 days after individually to the spouse and children.

termination of service); and "Employee" does not mean:

b. Whom you compensate directly by salary, (1) An agent, broker, factor, commission merchant,

wages or commissions; and consignee, independent contractor or

c. Whom you have the right to direct and control representative of the same general character; or

while performing services for you; (2) Any manager, director, partner, member or trustee,

2. Any natural person employed by an employment except while acting within the scope of the usual

contractor while that person is subject to your duties of an “employee” .

direction and control and performing services for

you excluding, however, any such person while

having care and custody of property outside the

premises;

Form SS 04 80 03 00 Page 3 of 3

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 123 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

FORGERY COVERAGE

(Including Credit Cards, Currency and Money Orders)

This endorsement modifies insurance provided under the following:

STANDARD PROPERTY COVERAGE FORM

SPECIAL PROPERTY COVERAGE FORM

Except as otherwise stated in this endorsement, the will pay for any reasonable legal expenses that

terms and conditions of the policy apply to the you incur and pay in that defense. This

insurance stated below. payment is in addition to the applicable Limit of

The following is added to Additional Coverages: Insurance. The Deductible does not apply to

A. FORGED OR ALTERED INSTRUMENTS this Coverage Extension.

COVERAGE 4. Additional Conditions

1. Covered Property The following conditions apply in addition to

Covered Property means the following the Common Policy Conditions and the Crime

Common Conditions and Exclusions Form. instruments:

a. Checks, drafts, promissory notes, or a. We will treat mechanically reproduced

similar written promises, orders or facsimile signatures the same as

directions handwritten signatures. to pay a sum certain in "money"

that are: b. You must include with your proof of loss

(1) Made or drawn by or drawn upon you; any instrument involved in that loss, or, if

that is not possible, an affidavit setting (2) Made or drawn by one acting as your forth the amount and cause of loss. agent;

c. The Coverage Territory is revised to cover

or that are purported to have been so

loss you sustain anywhere in the world. made or drawn; and

5. Exclusion b. Written instruments required in

conjunction with any credit, debit or The following Exclusion applies in addition to

charge card issued to you or any the Exclusions in the Crime Common

"employee" Conditions and Exclusions. for business purposes.

2. Covered Causes of Loss We will not pay for loss resulting from any

dishonest or criminal act committed by any of Covered Causes of Loss means forgery or

your "employees” , directors, or trustees: alteration.

a. Acting alone or in collusion with other 3. Legal Expense Additional Coverage

persons; or

If you are sued for refusing to pay any b. While performing services for you or Covered Instrument on the basis that it has

otherwise. been forged or altered, and you have our

written consent to defend against the suit, we

Form SS 04 86 03 00 Page 1 of 2

© 2000, The Hartford

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 124 of 157
B. COUNTERFEIT CURRENCY AND MONEY b. We will not pay for loss resulting from the

ORDERS COVERAGE giving or surrendering of property in any

exchange or purchase. 1. Covered Property

c. We will not pay for loss resulting from Covered Property means the following:

your, or anyone acting on your express or

We will pay for loss directly resulting from implied authority, being induced by any

a. Money orders, including counterfeit money dishonest act to voluntarily part with title to

orders, of any United States or Canadian or possession of any property.

post office, express company or national C DEDUCTIBLE

or state (or Canadian) chartered bank that

We will not pay for loss in any one Occurrence are not paid upon presentation; and

unless the amount of loss exceeds the

b. Counterfeit United States or Canadian Deductible stated in the Declarations. We will

paper currency. then pay the amount of loss in excess of the

2. Covered Causes of Loss Deductible, up to the Limit of Insurance.

Covered Causes of Loss means the D. LIMIT OF INSURANCE

acceptance of Covered Property in good faith, The most we will pay for each Occurrence of loss

in exchange for merchandise, money or under this Endorsement is the Forgery Limit of

services, during the regular course of Insurance stated in the Declarations.

business.

The Additional Coverages are included in this Limit

3. Exclusions of Insurance.

The following Exclusion applies in addition to E. OCCURRENCE DEFINITION

the Exclusions in the Crime Common

1. For Forged or Altered Instruments Coverage, Conditions and Exclusions.

Occurrence means all loss caused by any

a. We will not pay for loss resulting from any person or in which that person is involved,

dishonest or criminal act committed by any whether the loss involves one or more

of your "employees” , directors, trustees or instruments of Covered Property.

authorized representatives:

2. For Counterfeit Currency and Money Order

(1) Acting alone or in collusion with other Coverage, Occurrence means an:

persons; or

a. Act or series of related acts involving one (2) While performing services for you or

or more persons; or

otherwise.

b. Act or event, or series of related acts or

events not involving any person.

Page 2 of 2 Form SS 04 86 03 00

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 125 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 40 18 07 05 Page 1 of 1

© 2005, The Hartford

OFF-PREMISES UTILITY SERVICES – DIRECT DAMAGE

This endorsement modifies insurance provided under the following:

STANDARD PROPERTY COVERAGE FORM

SPECIAL PROPERTY COVERAGE FORM

Except as otherwise stated in this endorsement, the

terms and conditions of the policy apply to the

insurance stated below.

A. DIRECT DAMAGE EXTENSION FOR OFFPREMISES UTILITY SERVICES

This Coverage Extension applies only to the

“scheduled premises” shown in the Declarations

with a Utility Services Limit of Insurance. The

Utility Services Limit of Insurance is part of, not in

addition to, the Limit of Insurance stated in the

Declarations as applicable to the Covered

Property.

We will pay for direct physical loss of or physical

damage to Covered Property described in the

Declarations caused by the interruption of utility

service to the “scheduled premises”. The

interruption must result from direct physical loss or

physical damage by a Covered Cause of Loss to

the following property, not on the “scheduled

premises”:

1. "Water Supply Services";

2. "Communication Supply Services"; or

3. "Power Supply Services".

B. ADDITIONAL DEFINITIONS

1. "Water Supply Services", meaning the

following types of property supplying water to

the “scheduled premises”:

a. Pumping stations; and

b. Water mains.

2. "Communication Supply Services",

meaning property supplying communication

services, including telephone, radio,

microwave or television services, including

overhead transmission lines to the “scheduled

premises”, such as:

a. Communication transmission lines,

including optic fiber transmission lines;

b. Coaxial cables; and

c. Microwave radio relays except satellites.

3. "Power Supply Services", meaning the

following types of property supplying

electricity, steam or gas, including overhead

transmission lines to the “scheduled

premises”:

a. Utility generating plants;

b. Switching stations;

c. Substations;

d. Transformers; and

e. Transmission Lines.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 126 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 40 26 03 17 Page 1 of 1

© 2017, The Hartford

CYBERFLEX COVERAGE

This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM

This endorsement modifies coverage under the

Business Liability Coverage Form for your web site or

internet related activities.

A. Exclusion 1.p. "Personal and Advertising Injury"

(Section B. - EXCLUSIONS) is modified as follows:

1. Paragraphs (4), (5) and (7) are deleted and

replaced by the following:

(4) Arising out of any breach of contract,

except an implied contract to use

another's "advertising idea" in your

"advertisement" or on "your web site";

(5) Arising out of the failure of goods,

products or services to conform with

any statement of quality or

performance made in your

"advertisement" or on "your web site";

(7) (a) Arising out of any actual or alleged

infringement or violation of any

intellectual property rights, such as

copyright, patent, trademark, trade

name, trade secret, service mark or

other designation of origin or

authenticity; or

(b) Any injury or damage alleged in any

claim or "suit" that also alleges an

infringement or violation of any

intellectual property right, whether

such allegation of infringement or

violation is made against you or any

other party involved in the claim or

"suit", regardless of whether this

insurance would otherwise apply.

However, this exclusion does not apply if

the only allegation in the claim or "suit"

involving any intellectual property right is

limited to:

(1) Infringement in your

"advertisement", of:

(a) Copyright;

(b) Slogan; or

(c) Title of any literary or artistic

work; or

(2) Copying in your "advertisement", a

person's or organization's

"advertising idea" or style of

"advertisement".

2. Paragraph (9) does not apply.

3. Subparagraphs (a), (b) and (c) of Paragraph

(12) do not apply.

B. Section G. - LIABILITY AND MEDICAL

EXPENSES DEFINITIONS is amended as follows:

1. Paragraph b. of definition 1. "advertisement" is

deleted and replaced by:

"Advertisement" means the widespread public

dissemination of information or images that

has the purpose of inducing the sale of goods,

products or services through:

b. The Internet;

2. Paragraphs f. and g. of the definition of

"personal and advertising injury" are deleted

and replaced by the following:

"Personal and advertising injury" means injury,

including consequential "bodily injury", arising

out of one or more of the following offenses:

f. Copying, in your "advertisement" or on "your

web site", a person's or organization's

"advertising idea" or style of "advertisement";

g. Infringement of copyright, slogan, or title of

any literary or artistic work, in your

"advertisement" or on "your web site"; or

3. The following is added to the definition of

"personal and advertising injury":

As used in this definition, oral, written or electronic

publication includes publication of material in your

care, custody or control by someone not

authorizedto access or distribute that material.

4. The following definition is added:

"Your web site" means a web page or set of

interconnected web pages prepared and

maintained by you, or by others on your behalf, for

the purposes of promoting your goods or services,

thatis accessible overacomputer network.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 127 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 40 93 07 05 Page 1 of 3

© 2005, The Hartford

LIMITED FUNGI, BACTERIA OR VIRUS COVERAGE

This endorsement modifies insurance provided under the following:

SPECIAL PROPERTY COVERAGE FORM

STANDARD PROPERTY COVERAGE FORM

PERSONAL PROPERTY OF OTHERS

COMPUTERS AND MEDIA COVERAGE

A. Fungi, Bacteria or Virus Exclusions

1. Paragraph A.5.i.(5). of the Increased Cost of

Construction Additional Coverage of the

Standard Property Coverage Form is replaced

by the following:

(5) Under this Additional Coverage, we

will not pay for:

(a) The enforcement of any ordinance

or law which requires demolition,

repair, replacement, reconstruction,

remodeling, or remediation of

property due to contamination by

"pollutants" or due to the presence,

growth, proliferation, spread or any

activity of "fungi", wet or dry rot,

bacteria or virus; or

(b) Any costs associated with the

enforcement of an ordinance or

law which requires any insured or

others to test for, monitor, clean

up, remove, contain, treat, detoxify

or neutralize, or in any way

respond to or assess the effects of

"pollutants", "fungi", wet or dry rot,

bacteria or virus.

2. The following exclusion is added to Paragraph

B.1. Exclusions of the Standard Property

Coverage Form and the Special Property

Coverage Form; Paragraph F., Additional

Exclusions of Computers and Media, form

SS 04 41, and to form SS 04 45, Personal

Property of Others:

i. "Fungi", Wet Rot, Dry Rot, Bacteria And

Virus

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:

(1) Presence, growth, proliferation,

spread or any activity of "fungi", wet

rot, dry rot, bacteria or virus.

(2) But if "fungi", wet rot, dry rot, bacteria

or virus results in a "specified cause of

loss" to Covered Property, we will pay

for the loss or damage caused by that

"specified cause of loss".

This exclusion does not apply:

(1) When "fungi", wet or dry rot, bacteria

or virus results from fire or lightning; or

(2) To the extent that coverage is

provided in the Additional Coverage –

Limited Coverage for "Fungi", Wet

Rot, Dry Rot, Bacteria and Virus with

respect to loss or damage by a cause

of loss other than fire or lightning.

This exclusion applies whether or not the loss

event results in widespread damage or affects a

substantial area.

B. The following Additional Coverage is added to

Paragraph A.4. of the Standard Property Coverage

Form or Paragraph A.5. of the Special Property

Coverage Form, and applies to the optional coverage

form SS 04 41, Computers and Media and SS 04 45,

Personal Property of Others and form:

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 128 of 157
Page 2 of 3 Form SS 40 93 07 05

1. Limited Coverage For "Fungi", Wet Rot,

Dry Rot, Bacteria and Virus

a. The coverage described in 1.b. below only

applies when the "fungi", wet or dry rot,

bacteria or virus is the result of one or

more of the following causes that occurs

during the policy period and only if all

reasonable means were used to save and

preserve the property from further damage

at the time of and after that occurrence.

(1) A "specified cause of loss" other than

fire or lightning;

(2) Equipment Breakdown Accident

occurs to Equipment Breakdown

Property, if Equipment Breakdown

applies to the affected premises.

b. We will pay for loss or damage by "fungi",

wet rot, dry rot, bacteria and virus. As

used in this Limited Coverage, the term

loss or damage means:

(1) Direct physical loss or direct physical

damage to Covered Property caused by

"fungi", wet rot, dry rot, bacteria or virus,

including the cost of removal of the

"fungi", wet rot, dry rot, bacteria or virus;

(2) The cost to tear out and replace any part

of the building or other property as

needed to gain access to the "fungi", wet

rot, dry rot, bacteria or virus; and

(3) The cost of testing performed after

removal, repair, replacement or

restoration of the damaged property is

completed, provided there is a reason

to believe that "fungi", wet rot, dry rot,

bacteria or virus are present.

c. Unless a higher Limit of Insurance is shown

in the Declarations for Limited "Fungi",

Bacteria or Virus Coverage, the coverage

described under this Limited Coverage is no

more than the Limit of Insurance stated in the

Declarations for Building and Business

Personal Property, but not greater than

$50,000.

If form SS 04 41, Computers and Media,

and form SS 04 45, Personal Property of

Others, are made a part of this policy, then

the Limits of Insurance for Computers and

Media, and Personal Property of Others is

included within this coverage limit. This

coverage is made applicable to separate

"scheduled premises" as described in the

Declarations. Regardless of the number

of claims, this limit is the most we will pay

per "scheduled premises" for the total of

all loss or damage arising out of all

(1) occurrences of "specified causes of

loss" (other than fire or lightning); and

(2) Equipment Breakdown Accident that

occurs to Equipment Breakdown

Property;

which take place in a 12-month period

(starting with the beginning of the

present annual policy period).

With respect to a particular occurrence of

loss which results in "fungi", wet or dry rot,

bacteria or virus, we will not pay more

than the total of $50,000 unless a higher

Limit of Insurance is shown in the

Declarations, even if the "fungi", wet or dry

rot, bacteria, or virus continues to be

present or active, or recurs, in a later

policy period.

d. The coverage provided under this Limited

Coverage does not increase the applicable

Limit of Insurance on any Covered

Property. If a particular occurrence results

in loss or damage by "fungi", wet rot, dry

rot, bacteria or virus, and other loss or

damage, we will not pay more, for the total

of all loss or damage, than the applicable

Limit of Insurance on the affected Covered

Property.

If there is covered loss or damage to

Covered Property, not caused by "fungi",

wet rot, dry rot, bacteria or virus, loss

payment will not be limited by the terms of

this Limited Coverage, except to the extent

that "fungi", wet or dry rot, bacteria or virus

causes an increase in the loss. Any such

increase in the loss will be subject to the

terms of this Limited Coverage.

e. The terms of this Limited Coverage do not

increase or reduce the coverage for Water

Damage provided under provision B.1.h.,

Exclusion – Water Damage of the Standard

Property Coverage Form or Additional

Coverage provision A.5.n., Water Damage,

Other Liquid, Powder or Molten Material

Damage of the Special Property Coverage

Form.

f. The following applies only if a Time Element

Coverage applies to the "scheduled

premises" and only if the suspension of

"operations" satisfies all the terms and

conditions of the applicable Time Element

Coverage.

(1) If the loss which resulted in "fungi",

wet or dry rot, bacteria or virus does

not in itself necessitate a suspension

of "operations", but such suspension

is necessary due to loss or damage to

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 129 of 157
Form SS 40 93 07 05 Page 3 of 3

property caused by "fungi", wet or dry rot,

bacteria or virus, then our payment under

the Time Element Coverage is limited to

the amount of loss and expense sustained

in a period of not more than 30 days

unless another number of days is

indicated in the Declarations. The days

need not be consecutive. If a covered

suspension of "operations" was caused by

loss or damage other than "fungi", wet or

dry rot, bacteria or virus, but remediation

of "fungi", wet or dry rot, bacteria or virus

prolongs the "period of restoration", we will

pay for loss and expense sustained during

the delay (regardless of when such a

delay occurs during the "period of

restoration"), but such coverage is limited

to 30 days unless another number of days

is indicated in the Declarations. The days

need not be consecutive.

C. Fungi Definition

1. "Fungi" means any type or form of fungus,

including mold or mildew, and any mycotoxins,

spores, scents or by-products produced or

released by fungi.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 130 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 41 12 12 17 Page 1 of 3

© 2017, The Hartford

IDENTITY RECOVERY COVERAGE FOR BUSINESSOWNERS

AND EMPLOYEES

IDENTITY THEFT CASE MANAGEMENT SERVICE AND EXPENSE

REIMBURSEMENT

This endorsement modifies insurance provided under the following:

SPECIAL PROPERTY COVERAGE FORM

A. The following is added to paragraph 5. Additional

Coverages (Section A. - Coverage):

IDENTITY RECOVERY COVERAGE

We will provide the Case Management Service and

Expense Reimbursement Coverage indicated

below if all of the following requirements are met:

1. There has been an "identity theft" involving the

personal identity of an "identity recovery

insured" under this policy; and

2. Such "identity theft" is first discovered by the

"identity recovery insured" during the policy

period for which this Identity Recovery

coverage is applicable; and

3. Such "identity theft" is reported to us as soon

as practicable but in no event later than 60

days after it is first discovered by the "identity

recovery insured."

If all three of the requirements listed above have

been met, then we will provide the following to the

"identity recovery insured":

1. Case Management Service

Services of an "identity recovery case

manager" as needed to respond to the "identity

theft"; and

2. Expense Reimbursement

Reimbursement of necessary and reasonable

"identity recovery expenses" incurred as a

direct result of the "identity theft."

This coverage is additional insurance.

B. The following additional exclusions are added to

Section B. - Exclusions and apply to this coverage:

EXCLUSIONS

We do not cover loss or expense arising from any

of the following:

1. Theft of a professional or business identity.

2. Any fraudulent, dishonest or criminal act by an

"identity recovery insured" or any person aiding

or abetting an "identity recovery insured", or by

any authorized representative of an "identity

recovery insured", whether acting alone or in

collusion with others. However, this exclusion

shall not apply to the interests of an "insured"

who has no knowledge of or involvement in

such fraud, dishonesty or criminal act.

3. Loss other than "identity recovery expenses".

4. An "identity theft" that is first discovered by the

"identity recovery insured" prior to or after the

policy period for which this coverage applies.

This exclusion applies whether or not such

"identity theft" began or continued during the

period of coverage.

5. An "identity theft" that is not reported to us

within 60 days after it is first discovered by the

"identity recovery insured."

6. An "identity theft" that is not reported in writing

to the police.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 131 of 157
Page 2 of 3 Form SS 41 12 12 17

C. LIMITS OF INSURANCE

1. Case Management Service is available as

needed for any one "identity theft" for up to 12

consecutive months from the inception of the

service. Expenses we incur to provide Case

Management Service do not reduce the

amount of limit available for Expense

Reimbursement coverage.

2. Expense Reimbursement coverage is subject

to a limit of $15,000 annual aggregate per

"identity recovery insured." Regardless of the

number of claims, this limit is the most we will

pay for the total of all loss or expense arising

out of all "identity thefts" to any one "identity

recovery insured" which are first discovered by

the "identity recovery insured" during a 12-

month period starting with the beginning of the

present annual policy period. If an "identity

theft" is first discovered in one policy period

and continues into other policy periods, all loss

and expense arising from such "identity theft"

will be subject to the aggregate limit applicable

to the policy period when the "identity theft" was

first discovered.

a. Legal costs as provided under paragraph d.

of the definition of "identity recovery

expenses" are part of, and not in addition to,

the Expense Reimbursement coverage limit.

b. Lost Wages and Child and Elder Care

Expenses as provided under paragraphs e.

and f. of the definition of "identity recovery

are jointly subject to a sublimit of $250 per

day, not to exceed $5,000 in total. This

sublimit is part of, and not in addition to,

the Expense Reimbursement coverage

limit. Coverage is limited to lost wages and

expenses incurred within 12 months after

the first discovery of the "identity theft" by

the "identity recovery insured".

c. Mental Health Counseling as provided

under paragraph g. of the definition of

"identity recovery expenses" is subject to a

sublimit of $1,000. This sublimit is part of,

and not in addition to, the Expense

Reimbursement coverage limit. Coverage

is limited to counseling that takes place

within 12 months after the first discovery of

the "identity theft" by the "identity recovery

insured".

D. DEDUCTIBLE

Case Management Service is not subject to a

deductible.

Expense Reimbursement coverage is subject to a

deductible of $250. Any one "identity recovery

insured" shall be responsible for only one

deductible under this Identity Recovery Coverage

during any one policy period.

E. The following additional conditions are added to

Section F. - Property General Conditions and apply

to this coverage:

CONDITIONS

1. Assistance and Claims

For assistance, the "identity recovery insured"

should call the Identity Recovery Help Line at

1-866-989-2905.

The Identity Recovery Help Line can provide

the "identity recovery insured" with:

a. Information and advice for how to respond

to a possible "identity theft"; and

b. Instructions for how to submit a service

request for Case Management Service

and/or a claim form for Expense

Reimbursement Coverage.

In some cases, we may provide Case

Management services at our expense to an

"identity recovery insured" prior to a

determination that a covered "identify theft" has

occurred. Our provision of such services is not

an admission of liability under the policy. We

reserve the right to deny further coverage or

service if, after investigation, we determine that

a covered "identify theft" has not occurred.

As respects Expense Reimbursement

Coverage, the "identity recovery insured" must

send to us, within 60 days after our request,

receipts, bills or other records that support his

or her claim for "identity recovery expenses."

2. Services

The following conditions apply as respects any

services provided by us or our designees to

any "identity recovery insured" under this

endorsement:

a. Our ability to provide helpful services in the

event of an "identity theft" depends on the

cooperation, permission and assistance of

the "identity recovery insured."

b. All services may not be available or

applicable to all individuals. For example,

"identity recovery insureds" who are minors or

foreign nationals may not have credit records

that can be provided or monitored. Service in

Canada will be different from service in

United States and Puerto Rico in accordance

with local conditions.

c. We do not warrant or guarantee that our

services will end or eliminate all problems

associated with an "identity theft" or

prevent future "identity thefts."

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 132 of 157
Form SS 41 12 12 17 Page 3 of 3

F. With respect to the provisions of this endorsement

only, the following definitions are added to Section

G. - Property Definitions:

DEFINITIONS

1. "Identity Recovery Case Manager" means one

or more individuals assigned by us to assist an

"identity recovery insured" with

communications we deem necessary for reestablishing the integrity of the personal identity

of the "identity recovery insured." This includes,

with the permission and cooperation of the

"identity recovery insured," written and

telephone communications with law

enforcement authorities, governmental

agencies, credit agencies and individual

creditors and businesses.

2. "Identity Theft" means the fraudulent use of the

social security number or other method of

identifying an "identity recovery insured." This

includes fraudulently using the personal identity

of an "identity recovery insured" to establish

credit accounts, secure loans, enter into

contracts or commit crimes.

"Identity theft" does not include the fraudulent

use of a business name, d/b/a or any other

method of identifying a business activity.

3. "Identity Recovery Expenses" means the

following when they are reasonable and

necessary expenses that are incurred in the

United States or Canada as a direct result of

an "identity theft":

a. Costs for re-filing applications for loans,

grants or other credit instruments that are

rejected solelyas a result of an "identity theft."

b. Costs for notarizing affidavits or other

similar documents, long distance telephone

calls and postage solely as a result of your

efforts to report an "identity theft" or amend

or rectify records as to your true name or

identity as a result of an "identity theft."

c. Costs for up to twelve (12) credit reports

from established credit bureaus dated

within 12 months after your knowledge or

discovery of an "identity theft."

d. Legal Costs

Fees and expenses for an attorney

approved by us for:

(1) Defending any civil suit brought against

an "identity recovery insured" by a

creditor or collection agency or entity

acting on behalf of a creditor for nonpayment of goods or services or

default on a loan as a result of an

"identity theft"; and

(2) Removing any civil judgment

wrongfully entered against an "identity

recovery insured" as a result of the

"identity theft."

e. Lost Wages

Actual lost wages of the "identity recovery

insured" for time reasonably and

necessarily take away from work and away

from the work premises. Time away from

work includes partial or whole work days.

Actual lost wages may include payment for

vacation days, discretionary days, floating

holidays and paid personal days. Actual

lost wages does not include sick days or

any loss arising from time taken away from

self employment. Necessary time off does

not include time off to do tasks that could

reasonably have been done during nonworking hours.

f. Child and Elder Care Expenses

Actual costs for supervision of children or

elderly or infirm relatives or dependents of

the "identity recovery insured" during time

reasonably and necessarily taken away

from such supervision. Such care must be

provided by a professional care provider

who is not a relative of the "identity

recovery insured".

g. Mental Health Counseling

Actual costs for counseling from a licensed

mental health professional. Such care

must be provided by a professional care

provider who is not a relative of the "identity

recovery insured".

4. "Identity Recovery Insured" means the

following:

a. A full time employee of the entity insured

under this policy; or

b. The owner of the entity insured under this

policy who meets any of the following

criteria:

(1) A sole proprietor of the insured entity;

(2) A partner in the insured entity; or

(3) An individual having an ownership

position of 20% or more of the insured

entity.

An "identity recovery insured" must always be

an individual person. The entity insured under

this policy is not an "identity recovery insured."

All other provisions of this policy apply.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 133 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 41 51 10 09 Page 1 of 1

© 2009, The Hartford

BUILDING LIMIT- AUTOMATIC INCREASE REVISION

This endorsement modifies insurance provided under the following:

SPECIAL PROPERTY COVERAGE FORM

STANDARD PROPERTY COVERAGE FORM

Except as otherwise stated in this endorsement, the

terms and conditions of the policy apply to the insurance

stated below.

A. Paragraph C.5 Building Limit-Automatic Increase

of the SPECIAL PROPERTY COVERAGE FORM or

STANDARD PROPERTY COVERAGE FORM is

deleted.

B. The following is added to Additional Coverages,

paragraph A.5 of the SPECIAL PROPERTY

COVERAGE FORM or paragraph A.4. of the

STANDARD PROPERTY COVERAGE FORM:

Building Limit - Automatic Increase

a. If the covered loss or damage to Building

property at a “scheduled premises” exceeds the

Limit of Insurance stated in the Declarations, the

Limit of Insurance available for the covered loss

or damage in that occurrence will automatically

increase by up to 8%.

b. The amount of increase will be:

(1) The Limit of Insurance for Buildings that

applied on the most recent of the policy

inception date, policy anniversary date, or

the date of any other policy change

amending the Building limit, multiplied by

(2) The 8% annualized percentage of Automatic

Increase, expressed as a decimal

(08), multiplied by

(3) The number of days since the beginning of

the current policy year or the effective date

of the most recent policy change amending

the Limit of Insurance for Buildings, divided

by 365.

Example:

The applicable Limit of Insurance for Buildings is

$100,000. The automatic increase percentage is

8%. The number of days since the beginning of

the policy period (or last policy change) is 146.

The amount of increase is:

$100,000 X .08 X 146 divided by 365 = $3,200

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 134 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 41 63 06 11 Page 1 of 1

© 2011, The Hartford

(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)

AMENDMENT - DEFINITION OF INSURED CONTRACT

This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM

Paragraph f. of the definition of "insured contract" in the Liability And Medical Expenses Definitions Section is

replaced by the following:

f. That part of any other contract or agreement pertaining to your business (including an indemnification of a

municipality in connection with work performed for a municipality) under which you assume the tort liability of

another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability

means a liability that would be imposed by law in the absence of any contract or agreement.

Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or

"property damage" arising out of construction or demolition operations within 50 feet of any railroad property

and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing.

However, Paragraph f. does not include that part of any contract or agreement:

(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:

(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports surveys,

field orders, change orders, designs or drawings and specifications; or

(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or

damage; or

(2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage

arising out of the insured's rendering or failure to render professional services, including those listed in (1)

above and supervisory, inspection, architectural or engineering activities.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 135 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 05 47 09 15 Page 1 of 2

© 2015, The Hartford

EXCLUSION - NUCLEAR ENERGY LIABILITY

1. This insurance does not apply:

a. To any injury or 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

or 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 or Medical

Expenses 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. To any injury or 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

(3) The injury or damage arises out of the

furnishing by any insured of any "technology

services" in connection with the planning,

construction, maintenance, operation or use

of any "nuclear facility"; or

(4) The injury or 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 (4) applies only to "property

damage" to such "nuclear facility" and any

property thereat.

2. As used in this exclusion:

a. "Byproduct material", "source material" and

"special nuclear material" have the meanings

given them in the Atomic Energy Act of 1954 or

in any law amendatory thereof.

b. "Computer system and network" means:

(1) Leased or owned computer hardware

including mobile, networked, and data

storage computing equipment;

(2) Owned or licensed software;

(3) Owned websites;

(4) Leased or owned wireless input and output

devices; and

(5) Electronic backup facilities and data storage

repositories employed in conjunction with

items 1 through 4 above.

c. "Hazardous properties" include radioactive, toxic

or explosive properties.

d. "Nuclear facility" means:

(1) Any "nuclear reactor";

(2) Any equipment or device designed or used

for:

(a) Separating the isotopes of uranium or

plutonium;

(b) Processing or utilizing "spent fuel"; or

(c) Handling, processing or packaging

"waste",

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 136 of 157
Page 2 of 2 Form SS 05 47 09 15

(3) 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;

(4) 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.

e. "Nuclear material" means "byproduct material",

"source material" or "special nuclear material".

f. "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.

g. Injury or damage and "property damage" include

all forms of radioactive contamination of

property.

h. "Spent fuel" means any fuel element or fuel

component, solid or liquid, which has been used

or exposed to radiation in a "nuclear reactor".

i. "Technology services" means:

1. the following services performed for others:

a. Consulting, analysis, design, installation,

training, maintenance, support and

repair of or on: software, wireless

applications, firmware, shareware,

networks, systems, hardware, devices

or components;

b. Integration of systems;

c. Processing of, management of, mining

or warehousing of data;

d. Administration, management, operation

or hosting of: another party's systems,

technology or computer facilities;

e. Website development; website hosting;

f. Internet access services; intranet,

extranet or electronic information

connectivity services; software

application connectivity services;

g. Manufacture, sale, licensing,

distribution, or marketing of: software,

wireless applications, firmware,

shareware, networks, systems,

hardware, devices or components;

h. Design and development of: code,

software or programming;

i. Providing software application:

services, rental or leasing;

j. Screening, selection, recruitment or

placement of candidates for temporary

or permanent employment by others as

information technology professionals;

k. "Telecommunication services"; and

l. "Telecommunication products".

2. web-related software and connectivity

services performed for others; and

3. activities on the "named insured's"

"computer system and network".

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 137 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 51 11 03 17 Page 1 of 1

EXCLUSION - UNMANNED AIRCRAFT (PROPERTY)

This endorsement modifies insurance provided under the following:

SPECIAL PROPERTY COVERAGE FORM

Except as otherwise stated in this endorsement, the

terms and conditions of the policy apply to the insurance

stated below.

A. COVERAGE

Paragraph A.2., Property Not Covered,

Subparagraph a. is deleted and replaced with the

following:

a. Aircraft (including "unmanned aircraft"),

automobiles, motor trucks and other

vehicles subject to motor vehicle

registration.

C. DEFINITIONS

The following changes are made to Section G.,

PROPERTY DEFINITIONS:

1. The following definition is added:

"Unmanned aircraft" means an aircraft that is

not:

a. Designed;

b. Manufactured; or

c. Modified after manufacture

to be controlled directly by a person from within

or on the aircraft and which is owned by you or

owned by others but in your care, custody, or

control.

"Unmanned aircraft" includes equipment

designed for and used exclusively with the

"unmanned aircraft", provided such equipment is

essential for operation of the "unmanned

aircraft" or for executing "unmanned aircraft

operations".

2. The following definition is added:

"Unmanned aircraft operations" means your

business activities in support of the specific

operations listed in the Description of Business

section of the Declarations.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 138 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 50 19 01 15 Page 1 of 1

© 2015, The Hartford

(Includes copyrighted material of Insurance Services Office, Inc. with its permission)

CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM

This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM

SPECIAL PROPERTY COVERAGE FORM

STANDARD PROPERTY COVERAGE FORM

UMBRELLA LIABILTY PROVISIONS

A. Disclosure Of Federal Share Of Terrorism Losses

The United States Department of the Treasury will

reimburse insurers for a portion of such insured

losses, as indicated in the table below that exceeds

the applicable insurer deductible:

Calendar Year Federal Share of

Terrorism Losses

2015 85%

2016 84%

2017 83%

2018 82%

2019 81%

2020 or later 80%

However, if aggregate industry insured losses,

attributable to "certified acts of terrorism" under the

federal Terrorism Risk Insurance Act, as amended

(TRIA), exceed $100 billion in a calendar year, the

Treasury shall not make any payment for any

portion of the amount of such losses that exceeds

$100 billion. The United States government has not

charged any premium for their participation in

covering terrorism losses.

B. Cap On Insurer Liability for Terrorism Losses

A "certified act of terrorism" means an act that is

certified by the Secretary of the Treasury, in

accordance with the provisions of federal Terrorism

Risk Insurance Act, to be an act of terrorism under

TRIA. The criteria contained in TRIA for a "certified

act of terrorism" include the following:

1. The act results in insured losses in excess of $5

million in the aggregate, attributable to all types

of insurance subject to TRIA; and

2. The act results in damage within the United

States, or outside the United States in the case

of certain air carriers or vessels or the premises

of an United States mission; and

3. The act is a violent act or an act that is

dangerous to human life, property or

infrastructure and is committed by an individual or

individuals acting as part of an effort to coerce

the civilian population of the United States or to

influence the policy or affect the conduct of the

United States Government by coercion.

If aggregate industry insured losses attributable to

"certified acts of terrorism" under TRIA exceed $100

billion in a calendar year, and we have met, or will

meet, our insurer deductible under TRIA, we shall

not be liable for the payment of any portion of the

amount of such losses that exceed $100 billion. In

such case, your coverage for terrorism losses may

be reduced on a pro-rata basis in accordance with

procedures established by the Treasury, based on

its estimates of aggregate industry losses and our

estimate that we will exceed our insurer deductible.

In accordance with the Treasury's procedures,

amounts paid for losses may be subject to further

adjustments based on differences between actual

losses and estimates.

C. Application Of Exclusions

The terms and limitations of any terrorism exclusion,

the inapplicability or omission of a terrorism

exclusion, or the inclusion of terrorism coverage, do

not serve to create coverage for any loss which

would otherwise be excluded under this Coverage

Form or Policy, such as losses excluded by the

Pollution Exclusion, Nuclear Hazard Exclusion and

the War And Military Action Exclusion.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 139 of 157
0010000

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

Form SS 09 67 09 14 Page 1 of 1

© 2014, The Hartford

WAGE AND HOUR CLAIMS EXPENSES -

EMPLOYMENT PRACTICES LIABILITY

This endorsement modifies insurance provided under the following:

EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM

Exclusion B. in SECTION III - EXCLUSIONS is

deleted and replaced by the following:

B. We shall not pay "loss" in connection with any

"claim" based upon, arising from, or in any way

related to:

1. any claims for unpaid wages (including

overtime pay), workers’ compensation

benefits, unemployment compensation,

disability benefits, or social security benefits;

2. any actual or alleged violation of the Worker

Adjustment and Retraining Notification Act, the

National Labor Relations Act, the

Occupational Safety and Health Act, the

Consolidated Omnibus Budget Reconciliation

Act of 1985, "ERISA", or any similar law; or

3. any "wage and hour violation".

Provided, however, that this Exclusion B. shall

not apply to that portion of "loss" that represents:

a. a specific amount the "insureds"

become legally obligated to pay solely

for a "wrongful act" of "retaliation"; or

b. "Claims expenses" incurred to defend a

"wage and hour violation" referenced in

sub-paragraph 3. above subject to a

Sub-Limit of Liability of $ that

is part of, and not in addition to, the

Limits of Liability applicable to this

Coverage Part (the Wage and Hour

Defense Costs Sub-Limit). Moreover:

1. SECTION VIII.I.2. of this Coverage

Part notwithstanding, 100% of the

"insured’s" "claims expenses"

covered pursuant to this subparagraph b. shall be allocated to

covered "loss" until the Wage and

Hour Defense Costs Sub-Limit is

exhausted. Once the Wage and

Hour Defense Costs Sub-Limit is

exhausted, allocation shall continue

in accordance with SECTION

VIII.I.2.;

2. the Wage and Hour Defense Costs

Sub-Limit is available notwithstanding

the fact that a "wage and hour

violation" is not an "employment

practices wrongful act"; and

3. the Wage and Hour Defense Costs

Sub-Limit is only available for "claim

expenses" incurred to defend a "wage

and hour violation" that occurred on or

after the "retroactive date" and before

the end of the "policy period",

regardless of whether any such

"claim" for a "wage and hour violation"

is made during the "policy period" or

the Extended Reporting Period, if

applicable.

All other terms and conditions of this Coverage

Part remain unchanged.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 140 of 157
Form SS 09 01 12 14

© 2014, The Hartford

EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM

(CLAIMS MADE)

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 141 of 157
Form SS 09 01 12 14

QUICK REFERENCE

EMPLOYMENT PRACTICES LIABILITY

COVERAGE FORM (CLAIMS MADE)

READ YOUR POLICY CAREFULLY

Beginning on Page

SECTION I: INSURING AGREEMENT 1

SECTION II: DEFINITIONS 1

SECTION III: EXCLUSIONS 5

SECTION IV: DISCOVERY CLAUSE 6

SECTION V: EXTENDED REPORTING PERIOD 6

SECTION VI: COVERAGE TERRITORY 6

SECTION VII: LIMITS OF LIABILITY AND DEDUCTIBLE 6

SECTION VIII: DUTIES IN THE EVENT OF CLAIM; DEFENSE

AND SETTLEMENT

7

SECTION IX: CONDITIONS 9

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 142 of 157
EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM

Form SS 09 01 12 14 Page 1 of 11

© 2014, The Hartford

EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM

(CLAIMS MADE)

NOTICE: COVERAGE PROVIDED BY THIS COVERAGE PART IS CLAIMS MADE COVERAGE. EXCEPT AS

OTHERWISE SPECIFIED HEREIN: COVERAGE APPLIES ONLY TO A CLAIM FIRST MADE AGAINST THE

INSUREDS DURING THE POLICY PERIOD AND WHICH HAS BEEN REPORTED TO US IN ACCORDANCE

WITH THE APPLICABLE NOTICE PROVISIONS. COVERAGE IS SUBJECT TO THE INSURED’S PAYMENT OF

THE APPLICABLE DEDUCTIBLE. PAYMENTS OF CLAIM EXPENSES ARE SUBJECT TO, AND REDUCE, THE

AVAILABLE LIMITS OF LIABILITY. PLEASE READ THE COVERAGE PART CAREFULLY AND DISCUSS THE

COVERAGE WITH YOUR INSURANCE AGENT OR BROKER. UPON TERMINATION OF THIS COVERAGE

PART, EXTENDED REPORTING PERIOD COVERAGE IS AVAILABLE.

Various provisions in this policy restrict coverage. Please read the entire policy carefully to determine your rights,

duties and what is and is not covered.

Throughout this Coverage Part the words you and your refer to the "Named Insured" in the Declarations. The words

we, us and our refer to the stock insurance company member of THE HARTFORD shown on the Declarations Page.

Words and phrases that appear in quotation marks are defined in SECTION II - DEFINITIONS of this Coverage Part.

In consideration of, and subject to, the payment of the premium by you and in reliance upon the accuracy and

completeness of the "application", including but not limited to the statements, attachments and exhibits contained in

and submitted with the "application", we agree with you, subject to all terms, exclusions and conditions of this

Coverage Part, as follows:

SECTION I - INSURING AGREEMENT

Employment Practices Liability

We shall pay "loss" on behalf of the "insureds"

resulting from an "employment practices claim" first

made against the "Insureds" during the "policy period"

or Extended Reporting Period, if applicable, for an

"employment practices wrongful act" by the "insureds".

SECTION II - DEFINITIONS

A. "Application" means the application for this

Coverage Part, including any materials or

information submitted therewith or made

available to us during the underwriting

process, which application shall be on file with

us. Such "application" shall be deemed a part

of this Coverage Part and attached hereto. In

addition, "application" includes any warranty,

representation or other statement provided to

us within the past three years in connection

with any policy or coverage part of which this

Coverage Part is a renewal or replacement.

B. "Benefits" means perquisites, fringe benefits,

deferred compensation, severance pay and

any other form of compensation (other than

salaries, wages, or bonuses as a component

of a front or back pay award).

C. "Claim" means any "employment practices

claim".

D. "Claims expenses" means:

1. reasonable and necessary legal fees and

expenses, including, but not limited to, ediscovery expenses, incurred in the

defense or appeal of a "claim";

2. "Extradition costs"; or

3. the costs of appeal, attachment or similar

bonds, provided that we shall have no

obligation to furnish such bonds.

However, "claim expenses" shall not include:

a. salaries, wages, remuneration,

overhead or benefit expenses

associated with any "insureds";

b. any fees, expenses or costs which are

incurred by or on behalf of a party

which is not a covered "insured"; or

c. any fees, expenses or costs which

were incurred prior to the date on

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 143 of 157
EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM

Page 2 of 11 Form SS 09 01 12 14

which we received written notice of the

"claim" from the "insured".

E. "Controlled partnership" means a limited

partnership in which and so long as the "named

insured" owns or controls, directly or indirectly,

more than 50% of the limited partnership

interest and an "insured entity" is the sole

general partner.

F. "Damages" means the amounts, other than

"claim expenses", that the "insureds" are

legally liable to pay solely as a result of a

"claim" covered by this Coverage Part,

including:

1. compensatory damages, including front

pay and back pay;

2. settlement amounts;

3. pre- and post-judgment interest;

4. costs awarded pursuant to judgments;

5. punitive and exemplary damages;

6. the multiple portion of any multiplied

damage award; or

7. liquidated damages under the Age

Discrimination in Employment Act and the

Family and Medical Leave Act.

However, "damages" shall not include:

a. taxes, fines or penalties imposed by

law;

b. non-monetary relief;

c. "Benefits";

d. future compensation for any person

hired, promoted, or reinstated

pursuant to a judgment, settlement,

order or other resolution of a "claim";

e. "Stock benefits";

f. costs associated with providing any

accommodations required by the

Americans with Disabilities Act or any

similar law; or

g. any other matters uninsurable

pursuant to any applicable law;

provided, however, that with respect to

punitive and exemplary damages, or

the multiple portion of any multiplied

damage award, the insurability of such

damages shall be governed by the

internal laws of any applicable

jurisdiction that most favors coverage

of such damages.

G. "Debtor in possession" means a "debtor in

possession" as such term is defined in

Chapter 11 of the United States Bankruptcy

Code as well as any equivalent status under

any similar law.

H. "Domestic partner" means any natural person

qualifying as a domestic partner under the

provisions of any applicable federal, state or

local law or any domestic partner relationship

arrangement recognized outside of the United

States and under the Human Resource policy

of the "insured entity".

I. "Employee" means any natural person who

was, is or shall become a(n):

1. employee of an "insured entity" including

any part time, seasonal, temporary,

leased, or loaned employee; or

2. volunteer or intern with an "insured entity".

J. "Employee data privacy wrongful act" means:

1. the failure to prevent any unauthorized

access to or use of data containing "Private

Employment Information" of any

"Employee" or applicant for employment

with the "Insured Entity" including any such

failure that directly results in a violation with

respect to the privacy of such

"Employee’s" or applicant’s medical

information under the Health Insurance

Portability and Accountability Act (HIPAA)

or credit information under the Fair Credit

Reporting Act (FCRA); or

2. the failure to notify any "employee" or

applicant for employment with the "insured

entity" of any actual or potential

unauthorized access to or use of "private

employment information" of any "employee"

or applicant for employment with the

"insured entity", if such notice was required

by state or federal regulation or statute.

K. "Employment practices claim" means any:

1. written demand for monetary damages or

other civil non-monetary relief commenced

by the receipt of such demand, including,

without limitation, a written demand for

employment reinstatement;

2. civil proceeding, including an arbitration or

other alternative dispute resolution

proceeding, commenced by the service of

a complaint, filing of a demand for

arbitration, or similar pleading; or

3. formal administrative or regulatory

proceeding, including, without limitation, a

proceeding before the Equal Employment

Opportunity Commission or similar

governmental agency, commenced by the

filing of a notice of charges, formal

investigative order or similar document;

by or on behalf of an "employee", an applicant

for employment with an "insured entity", or an

"independent contractor".

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Form SS 09 01 12 14 Page 3 of 11

"Employment practices claim" also means the

receipt of a notice of violation, order to show

cause, or a written demand for monetary or

injunctive relief that is the result of an audit

conducted by the United States Office of

Federal Contract Compliance Programs.

"Employment practices claim" also means a

written request to the "insureds" to toll or waive

a statute of limitations regarding a potential

"Employment practices claim" as described

above. Such "claim" shall be commenced by

the receipt of such request.

However, "employment practices claim" shall

not include any labor or grievance proceeding

or arbitration that is subject to a collective

bargaining agreement.

L. "Employment practices wrongful act" means:

1. wrongful dismissal, discharge, or

termination of employment (including

constructive dismissal, discharge, or

termination), wrongful failure or refusal to

employ or promote, wrongful discipline or

demotion, failure to grant tenure, negligent

employment evaluation, or wrongful

deprivation of career opportunity;

2. sexual or other workplace harassment,

including bullying in the workplace, quid

pro quo and hostile work environment;

3. employment discrimination, including

discrimination based upon age, gender,

race, color, creed, marital status, sexual

orientation or preference, gender identity

or expression, genetic makeup, or refusal

to submit to genetic makeup testing,

pregnancy, disability, HIV or other health

status, Vietnam Era Veteran or other

military status, or other protected status

established under federal, state, or local

law;

4. "Retaliation";

5. breach of any oral, written, or implied

employment contract, including, without

limitation, any obligation arising from a

personnel manual, employee handbook, or

policy statement; or

6. violation of the Family and Medical Leave

Act.

"Employment practices wrongful act" also

means the following, but only when alleged in

addition to or as part of any "employment

practices wrongful act" described above:

a. employment-related wrongful infliction

of mental anguish or emotional

distress;

b. failure to create, provide for or enforce

adequate or consistent employmentrelated policies and procedures;

c. negligent retention, supervision, hiring

or training;

d. employment-related invasion of

privacy, defamation, or

misrepresentation; or

e. an "employee data privacy wrongful

act".

M. "ERISA" means the Employee Retirement

Income Security Act of 1974.

N. "Extradition costs" means reasonable and

necessary fees and expenses directly resulting

from a "claim" in which an "insured person"

lawfully opposes, challenges, resists or

defends against any request for the extradition

of such "insured person" from his or her

current country of employ and domicile to any

other country for trial or otherwise to answer

any criminal accusation, including the appeal

of any order or other grant of extradition of

such "insured person".

O. "Financial insolvency" means the status of an

"insured entity" as a result of:

1. the appointment of any conservator,

liquidator, receiver, rehabilitator, trustee, or

similar official to control, supervise,

manage or liquidate such "insured entity";

or

2. such "insured entity" becoming a "debtor in

possession".

P. "Independent contractor" means any natural

person working in the capacity of an

independent contractor pursuant to an

"independent contractor agreement".

Q. "Independent contractor agreement" means

any express contract or agreement between

an "independent contractor" and an "insured

entity" specifying the terms of the "insured

entity’s" engagement of such "independent

contractor".

R. "Insured entity" means:

1. the "named insured"; or

2. any "subsidiary".

"Insured entity" shall include any such entity as

a "debtor in possession".

"Insured entity" shall also include any such

entity in its capacity as a general partner of a

"controlled partnership".

S. "Insured person" means any:

1. "Employee";

2. "Manager"; or

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EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM

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3. regarding the Employment Practices

Liability Insuring Agreement, an

"independent contractor" provided that

within 30 days of an "employment

practices claim" having been made against

such "independent contractor" that the

"insured entity" agrees in writing to

indemnify such "independent contractor"

for any "loss" arising out of such "claim".

T. "Insureds" means any:

1. "Insured entity"; or

2. "Insured person".

U. "Interrelated wrongful acts" means "wrongful

acts" that have as a common nexus any fact,

circumstance, situation, event, transaction,

goal, motive, methodology, or cause or series

of causally connected facts, circumstances,

situations, events, transactions, goals,

motives, methodologies or causes.

V. "Loss" means "claim expenses" and

"damages".

W. "Manager" means any natural person who

was, is or shall become a(n):

1. duly elected or appointed director, advisory

director, board observer, advisory board

member, officer, member of the board of

managers or management committee

member of an "insured entity";

2. "Employee" in his/her capacity as legal

counsel to an "insured entity"; or

3. executive of an "insured entity" created

outside the United States to the extent that

such executive holds a position equivalent

to those described in 1. or 2. above.

X. "Named insured" means the individuals,

partnerships or corporations designated in the

Declarations.

Y. "Notice manager" means the natural persons

in the offices of the chief executive officer,

chief financial officer, general counsel, risk

manager, human resources manager or any

equivalent position to the foregoing, of an

"Insured Entity".

Z. "Policy period" means the period from the

Effective Date to the Expiration Date set forth

in the Declarations or any earlier cancellation

date.

AA."Private employment information" means any

information regarding an "employee" or

applicant for employment with the "insured

entity", which is collected or stored by an

"insured" for the purposes of establishing,

maintaining or terminating an employment

relationship.

BB."Retaliation" means adverse treatment of an

"employee" or "independent contractor" based

upon such person:

1. exercising any rights under law, including,

without limitation, rights under any workers

compensation laws, the Family and

Medical Leave Act, "ERISA", or the

Americans with Disabilities Act;

2. refusing to violate any law;

3. assisting, testifying, or cooperating with a

proceeding or investigation regarding

alleged violations of law by any "insured";

4. disclosing or threatening to disclose

alleged violations of law to a superior or to

any governmental agency; or

5. filing any whistle blower claim against any

"insured" under the federal False Claims

Act, the Sarbanes-Oxley Act of 2002, or

any similar law.

CC."Stock benefits" means any offering, plan or

agreement between an "insured entity" and

any "employee" that grants stock, stock

options or stock appreciation rights in the

"insured entity" to such person, including,

without limitation, restricted stock or any other

stock grant. "Stock benefits" shall not include

employee stock ownership plans or employee

stock purchase plans.

DD."Subsidiary" means any:

1. corporation in which and so long as the

"named insured" owns or controls, directly

or indirectly, more than 50% of the

outstanding securities representing the

right to vote for the election of the board of

directors of such corporation;

2. limited liability company in which and so

long as the "named insured" owns or

controls, directly or indirectly, the right to

elect, appoint or designate more than 50%

of such entity’s managing members;

3. a "controlled partnership";

4. corporation operated as a joint venture in

which and so long as the "named insured"

owns or controls, directly or indirectly,

exactly 50% of the issued and outstanding

voting stock and which, pursuant to a

written agreement with the owner(s) of the

remaining issued and outstanding voting

stock of such corporation, the "named

insured" solely controls the management

and operation of such corporation; or

5. foundation, charitable trust or political

action committee in which and so long as

such entity or organization is controlled by

the "named insured" or any "subsidiary" as

defined in 1. through 4. above.

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EE. "Wage and hour violation" means any actual or

alleged violation of the duties and

responsibilities that are imposed upon an

"insured" by any federal, state or local law or

regulation anywhere in the world, including but

not limited to the Fair Labor Standards Act or

any similar law (except the Equal Pay Act),

which govern wage, hour and payroll practices.

Such practices include but are not limited to:

1. the calculation and payment of wages,

overtime wages, minimum wages and

prevailing wage rates;

2. the calculation and payments of benefits;

3. the classification of any person or

organization for wage and hour purposes;

4. reimbursing business expenses;

5. the use of child labor; or

6. garnishments, withholdings and other

deductions from wages.

FF. "Wrongful act" means any actual or alleged

"employment practices wrongful act".

SECTION III - EXCLUSIONS

A. We shall not pay "Loss":

1. for bodily injury, sickness, disease, death,

false arrest or imprisonment, abuse of

process, malicious prosecution, trespass,

nuisance or wrongful entry or eviction, or for

injury to or destruction of any tangible

property including loss of use or diminution

of value thereof; provided, however, that

this exclusion shall not apply to that portion

of "loss" that directly results from mental

anguish or emotional distress when alleged

in connection with an otherwise covered

"employment practices wrongful act";

2. for any actual or alleged "wrongful act" by

"insured persons" of any "subsidiary" in

their capacities as such, or by any

"subsidiary", if such "wrongful act" actually

or allegedly occurred when such entity was

not a "subsidiary";

3. in connection with any "claim" based upon,

arising from, or in any way related to any:

a. prior or pending demand, suit, or

proceeding against any "insured" as

of, or

b. audit initiated by the United States

Office of Federal Contract Compliance

Programs before,

the effective date of the first Employment

Practices Liability Coverage Part issued and

continuously renewed by us, or the same or

substantially similar fact, circumstance, or

situation underlying or alleged in such

demand, suit, proceeding, or audit;

4. in connection with any "claim" based upon,

arising from, or in any way related to any

fact, circumstance, or situation that, before

the Effective Date in the Declarations, was

the subject of any notice given under any

other employment practices liability policy,

management liability policy or other

insurance policy which insures "wrongful

acts" covered under this Coverage Part;

5. in connection with any "claim" based upon,

arising from, or in any way related to the

liability of others assumed by an "insured"

under any contract or agreement;

provided, however, this exclusion shall not

apply to liability that would have been

incurred in the absence of such contract or

agreement;

6. for breach of any "independent contractor

agreement"; or

7. for a lockout, strike, picket line, hiring of

replacement workers or similar action in

connection with any labor dispute, labor

negotiation or collective bargaining

agreement.

B. We shall not pay "loss" in connection with any

"claim" based upon, arising from, or in any way

related to:

1. any claims for unpaid wages (including

overtime pay), workers’ compensation

benefits, unemployment compensation,

disability benefits, or social security

benefits;

2. any actual or alleged violation of the

Worker Adjustment and Retraining

Notification Act, the National Labor

Relations Act, the Occupational Safety and

Health Act, the Consolidated Omnibus

Budget Reconciliation Act of 1985,

"ERISA", or any similar law; or

3. any "wage and hour Violation"

Provided, however, that this exclusion B. shall

not apply to that portion of "loss" that

represents a specific amount the "insureds"

become legally obligated to pay solely for a

"wrongful act" of "retaliation".

C. We shall not pay "loss" in connection with any

"claim" based upon, arising from, or in any way

related to liability incurred for breach of any

oral, written, or implied employment contract;

provided, however, that this exclusion shall not

apply to liability that would have been incurred

in the absence of such contract nor shall it

apply to the portion of "loss" representing

"claim expenses" incurred to defend against

such liability.

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EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM

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SECTION IV - DISCOVERY CLAUSE

If, during the "policy period", the "insureds"

become aware of a "wrongful act" that may

reasonably be expected to give rise to a "claim",

and, if written notice of such "wrongful act" is given

to us during the "policy period", including the

reasons for anticipating such a "claim", the nature

and date of the "wrongful act", the identity of the

"insureds" allegedly involved, the alleged injuries

or damages sustained, the names of potential

claimants, and the manner in which the "insureds"

first became aware of the "wrongful act", then any

"claim" subsequently arising from such "wrongful

act" shall be deemed to be a "claim" first made

during the "policy period" on the date that we

receive the above notice.

SECTION V - EXTENDED REPORTING PERIOD

Subject to provisions A. through G. below, if this

Coverage Part is canceled or non-renewed other

than for non-payment of premium, you shall have

the right to purchase an extended period to report

"claims" under this Coverage Part for any "claim"

first made during the period of time set forth in the

Supplemental Extended Reporting Period

Endorsement, and following the effective date of

such cancellation or nonrenewal and reported in

writing during such period or within sixty (60) days

thereafter, but only with respect to any "wrongful

act" which takes place prior to the effective date of

such cancellation or nonrenewal.

A. The Extended Reporting Period shall be

effective only upon the payment of an

additional premium. The additional premium

will be 200% of the annual advance premium

for this coverage. At the commencement of

the Extended Reporting Period, the entire

premium thereof shall be deemed fully earned

and non-refundable.

B. The quotation of a different premium or

deductible or limit of liability for renewal is not

a cancellation or refusal to renew for the

purposes of this provision.

C. You shall have no right to purchase the

Extended Reporting Period, unless you have

satisfied all conditions of the Coverage Part

and all premiums and deductibles outstanding

have been paid.

D. Your right to purchase the Extended Reporting

Period shall terminate unless written notice

together with full payment of the premium for

the Extended Reporting Period is given to us

no later than sixty (60) days following the

effective date of cancellation or nonrenewal.

E. The fact that the period of time to report "claims"

is extended by virtue of the Extended Reporting

Period shall not increase or reinstate the Limit of

Liability stated in the Declarations.

F. Extended Reporting Periods do not extend the

"policy period" or change the scope of coverage

provided. They apply only to "wrongful acts"

that occur before the end of the "policy period".

"Claims" for such injury which are first received

within sixty (60) days after the "policy period",

or during the Extended Reporting Period if in

effect, will be deemed to have been made on

the last date of the "policy period".

G. Once in effect, Extended Reporting Periods

may not be canceled by us.

SECTION VI -COVERAGE TERRITORY

Coverage under this Coverage Part applies

worldwide, provided that the "claim" is made and

any legal action is pursued within the Unites

States, its territories, possessions or

commonwealths, or Canada.

SECTION VII - LIMITS OF LIABILITY AND

DEDUCTIBLE

A. The maximum we will pay for each "claim"

under this Coverage Part is the Each Claim

Limit of Liability stated in the Declarations,

subject to the Annual Aggregate Limit of

Liability stated in the Declarations.

The maximum we will pay for all "claims"

under this Coverage Part is the Annual

Aggregate Limit of Liability stated in the

Declarations, regardless of the number of

"claims".

If the applicable Limit of Liability for this

Coverage Part is exhausted, the premium for

this Coverage Part shall be deemed fully

earned. "Claim expenses" shall be part of, and

not in addition to, the Limits of Liability.

Payment of "claim expenses" by us shall

reduce each Limit of Liability.

B. We shall pay "loss" in excess of the Deductible

applicable to each "claim" as specified on the

Declarations.

C. All Deductibles shall be borne by the

"insureds" at their own risk; they shall not be

insured.

D. The Deductible shall apply to "claim expenses"

covered hereunder. If, any "claim expenses"

are incurred by us prior to the "insured’s"

complete payment of the Deductible, then the

"insureds" shall reimburse us therefor upon

our request.

E. No Deductible shall apply to "loss" incurred by

any "insured person" that an "insured entity" is

not permitted by common or statutory law to

indemnify, or is permitted or required to

indemnify, but is not able to do so by reason of

"financial insolvency".

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F. If an "insured entity" is permitted or required by

common or statutory law to indemnify an

"insured person" for any "loss", or to advance

"claim expenses" on their behalf, and does not

do so other than because of "financial

insolvency", then such "insured entity" and the

"named insured" shall reimburse and hold us

harmless for our payment or advancement of

such "loss" up to the amount of the Deductible

that would have applied if such indemnification

had been made.

G. If a "subsidiary" is unable to indemnify an

"insured person" for any "loss", or to advance

"claim expenses" on their behalf, because of

"financial insolvency", then the "named

insured" shall reimburse and hold us harmless

for our payment or advancement of such "loss"

up to the amount of the applicable Deductible

that would have applied if such indemnification

had been made.

The Limit of Liability for this Coverage Part

applies separately to each consecutive annual

period and to any remaining period of less

than twelve (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 twelve (12) months. In that

case, the additional period will be deemed part

of the last preceding period for purposes of

determining the Limit of Liability.

SECTION VIII - DUTIES IN THE EVENT OF CLAIM;

DEFENSE AND SETTLEMENT

A. We shall have the right and duty to defend

"claims" covered under this Coverage Part,

even if such "claim" is groundless, false or

fraudulent, provided that:

1. the "insureds" give notice to us in

accordance with the applicable notice

provisions; and

2. such "claim" does not involve allegations,

in whole or in part, of a "wage and hour

violation".

For any "claim" involving allegations, in whole

or in part, of a "wage and hour violation", it

shall be the duty of the "insureds", and not our

duty, to defend such "claim".

B. If we have the duty to defend a "claim", our

duty to defend such "claim" shall cease upon

exhaustion of any applicable Limit of Liability.

C. The "insureds" shall not admit or assume any

liability, make any settlement offer or enter into

any settlement agreement, stipulate to any

judgment, or incur any "claim expenses"

regarding any "claim" without our prior written

consent, such consent not to be unreasonably

withheld. We shall not be liable for any

admission, assumption, settlement offer or

agreement, stipulation, or "claim expenses" to

which we have not consented.

D. We shall have the right to associate ourself in

the defense and settlement of any "claim" that

appears reasonably likely to involve this

Coverage Part. We may make any

investigation we deem appropriate in

connection with any "claim". We may, with the

written consent of the "insureds", settle any

"claim" for a monetary amount that we deem

reasonable.

E. The "insureds" shall give to us all information

and cooperation as we may reasonably

request. However, if we are, in our sole

discretion, able to determine coverage

for cooperating "insureds", the failure of

one "insured person" to cooperate with us shall

not impact coverage provided to cooperating

"insureds".

F. With respect to a covered "claim" for which we

do not have the duty to defend, we shall

advance "claim expenses" in accordance with

Section VIII I. that we believe to be covered

under this Coverage Part until a different

allocation is negotiated, arbitrated or judicially

determined.

G. Required Notice to Us

As a condition precedent to coverage under

this Coverage Part, the "insureds" shall give us

written notice of any "claim" as soon as

practicable after a "notice manager" becomes

aware of such "claim", but in no event later

than:

1. if this Coverage Part expires or is

otherwise terminated without being

renewed with us, ninety (90) days after the

effective date of said expiration or

termination; or

2. subject to SECTION V, the expiration of

the Extended Reporting Period, if

applicable;

provided, however, that if the Coverage Part is

cancelled for non-payment of premium, the

"insured" will give us written notice of such

"claim", prior to the effective date of

cancellation.

However, with regard to any "employment

practices claim" which is brought as a formal

administrative or regulatory proceeding,

including, without limitation, a proceeding

before the Equal Employment Opportunity

Commission or similar governmental agency,

commenced by the filing of a notice of

charges, formal investigative order or similar

document, as a condition precedent to

coverage under this Coverage Part the

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"insureds" shall give us written notice of any

"claim" as soon as practicable after a "notice

manager" becomes aware of such "claim", but

in no event later than:

3. if this Coverage Part is renewed, no more

than 180 days after a "notice manager"

becomes aware of such "claim"; or

4. if this Coverage Part expires or is

otherwise terminated without being

renewed with us, ninety (90) days after the

effective date of said expiration or

termination; or

5. subject to SECTION V, the expiration of

the Extended Reporting Period, if

applicable;

provided, if the Coverage Part is cancelled for

non-payment of premium, the "insured" will

give us written notice of such "claim", prior to

the effective date of cancellation.

H. Subrogation

1. We shall be subrogated to all of the

"insureds’" rights of recovery regarding any

payment of "loss" by us under this

Coverage Part. The "insureds" shall

execute all papers required and do

everything necessary to secure and

preserve such rights, including the

execution of any documents necessary to

enable us to effectively bring suit in the

name of the "insureds". The "insureds"

shall do nothing to prejudice our position

or any potential or actual rights of

recovery.

2. We shall not exercise our rights of

subrogation against an "insured person"

under this Coverage Part unless such

"insured person" has:

a. obtained any personal profit,

remuneration or advantage to which

such "insured person" was not legally

entitled, or

b. committed a criminal or deliberately

fraudulent act or omission or any willful

violation of law,

if a judgment or other final adjudication

establishes such personal profit,

remuneration, advantage, act, omission, or

violation.

I. Allocation

Where "insureds" who are afforded coverage

for a "claim" incur an amount consisting of

both "loss" that is covered by this Coverage

Part and also loss that is not covered by this

Coverage Part, because such "claim" includes

both covered and uncovered matters, then

coverage shall apply as follows:

1. with respect to a covered "claim" for which

we have the duty to defend:

a. 100% of the "insured’s" "claim

expenses" shall be allocated to

covered "loss"; and

b. All other "loss" shall be allocated

between covered "loss" and noncovered loss based upon the relative

legal exposure of all parties to such

matters.

2. with respect to a covered "claim" for which

we do not have the duty to defend, all

"loss" shall be allocated between covered

"loss" and non-covered loss based upon

the relative legal exposure of all parties to

such matters.

SECTION IX - CONDITIONS

A. Coverage Part Priority; Headings

If any provision in this Coverage Part is

inconsistent or in conflict with the terms and

conditions of any provisions in this Policy, the

terms and conditions of this Coverage Part

shall control only for purposes of determining

coverage hereunder. The headings of the

various sections of this Coverage Part are

intended for reference only and shall not be

part of the terms and conditions of coverage.

B. Notice Addresses

1. All notices to the "insureds" shall be sent

to the first "named insured" at the address

specified in the Declarations.

2. All notices to us shall be sent to the

address specified in the Declarations. Any

such notice shall be effective upon receipt

by us at such address.

C. Spousal/Domestic Partner Liability

Coverage

Coverage shall apply to the lawful spouse or

"domestic partner" of an "insured person" for a

"claim" made against such spouse or

"domestic partner", provided that:

1. such "claim" arises solely out of:

a. such person’s status as the spouse or

"domestic partner" of an "insured

person"; or

b. such spouse or "domestic partner’s"

ownership of property sought as

recovery for a "wrongful act";

2. the "insured person" is named in such

"claim" together with the spouse or

"domestic partner"; and

3. coverage of the spouse or "domestic

partner" shall be on the same terms and

conditions, including any applicable

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Deductible , that applies to coverage of the

"insured person" for such "claim".

No coverage shall apply to any "claim" for

a "wrongful act" of such spouse or

"domestic partner".

D. Estates and Legal Representatives

In the event of the death, incapacity or

bankruptcy of an "insured person", any "claim"

made against the estate, heirs, legal

representatives or assigns of such "insured

person" for a "wrongful act" of such "insured

person" shall be deemed to be a "claim" made

against such "insured person". No coverage

shall apply to any "claim" for a "wrongful act" of

such estate, heirs, legal representatives or

assigns.

E. Minimum Standards

In the event that there is an inconsistency

between:

1. the terms and conditions that are required

to meet minimum standards of a state’s law

(pursuant to a state amendatory

endorsement attached to this Coverage

Part ), and

2. any other term or condition of this Coverage

Part,

it is understood and agreed that, where

permitted by law, we shall apply those terms

and conditions of 1. or 2. above that are more

favorable to the "insured".

F. Other Insurance

1. The coverage provided under this

Coverage Part for any "employment

practices claim" shall be primary.

2. Notwithstanding the above, the coverage

provided under this Coverage Part for any

"employment practices claim" made

against a temporary, leased or loaned

"employee" or an "independent contractor"

shall be excess of the amount of any

deductible, retention and limits of liability

under any other policy or policies

applicable to such "claim", whether such

other policy or policies are stated to be

primary, contributory, excess, contingent

or otherwise, unless such other insurance

is written specifically excess of this Policy

by reference in such other policy or

policies to this Policy's Policy Number.

G. Interrelationship of Claims

All "claims" based upon, arising from or in any

way related to the same "wrongful act" or

"interrelated wrongful acts" shall be deemed to

be a single "claim" for all purposes under this

Coverage Part first made on the earliest date

that:

1. any of such "claims" was first made,

regardless of whether such date is before

or during the "policy period";

2. notice of any "wrongful act" described

above was given to us under this

Coverage Part pursuant to Sections IV or

VIII; or

3. notice of any "wrongful act" described

above was given under any prior

insurance policy.

H. Deductible Waiver

Regarding a "claim" that is a class action civil

proceeding, no Deductible shall apply to "claim

expenses" incurred in connection with such

"claim", and we shall reimburse the "insureds"

for any covered "claim expenses" paid by the

"insureds" within the Deductible otherwise

applicable to such "claim", if a:

1. final adjudication with prejudice pursuant

to a trial, motion to dismiss or motion for

summary judgment; or

2. complete and final settlement with

prejudice;

establishes that none of the "insureds" in such

"claim" are liable for any "loss".

I. Application

1. The "insureds" represent that the

Declarations and statements contained in

the "application" are true, accurate and

complete. This Coverage Part is issued in

reliance upon the "application".

2. If the "application" contains intentional

misrepresentations or misrepresentations

that materially affect the acceptance of the

risk by us no coverage shall be afforded

under this Coverage Part for any

"insureds" who knew on the Effective Date

of this Coverage Part of the facts that were

so misrepresented, provided that:

a. knowledge possessed by any "insured

person" shall not be imputed to any

other "insured person"; and

b. knowledge possessed by any of your

chief executive officer, general

counsel, chief financial officer, human

resources director or any position

equivalent to the foregoing of the

"named insured", or anyone signing

the "application", shall be imputed to

all "insured entities". No other

person’s knowledge shall be imputed

to an "insured entity".

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 151 of 157
EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM

Page 10 of 11 Form SS 09 01 12 14

J. Changes in Exposure

1. Acquisitions or Created Subsidiaries

If, before or during the "policy period", any

"insured entity" acquires or creates a

"subsidiary", then such acquired or created

entity and its subsidiaries, and any natural

persons that would qualify as "insured

persons" thereof, shall be "insureds" to the

extent such entities and persons would

otherwise qualify as "insureds" under this

Coverage Part,, but only for "wrongful

acts" occurring after such acquisition or

creation. No coverage shall be available

for any "wrongful act" of such "insureds"

occurring before such acquisition or

creation, or for any "interrelated wrongful

acts" thereto.

However, if the fair value of the assets of

any such acquired or created entity

exceed 25% of the total assets of the

"named insured" as reflected in its most

recent consolidated financial statements

prior to such acquisition or creation, then,

as a condition precedent to coverage

hereunder, the "insureds" shall give us

written notice and full, written details of the

acquisition or creation as soon as

practicable (but, in all cases, within ninety

(90) days of such acquisition or creation).

There shall be no coverage under any

renewal or replacement of this Coverage

Part for any such new "subsidiary" and its

subsidiaries, and any natural persons that

would qualify as "insured persons" thereof,

unless the "insureds" comply with the

terms of this provision.

2. Mergers

If, before or during the "policy period", any

"insured entity" merges with another entity

such that the "insured entity" is the

surviving entity, then such merged entity

and its subsidiaries, and any natural

persons that would qualify as "insured

persons" thereof, shall be "insureds" to the

extent such entities and persons would

otherwise qualify as "insureds" under this

Coverage Part, but only for "wrongful acts"

occurring after such merger. No coverage

shall be available for any "wrongful act" of

such "insureds" occurring before such

merger or for any "interrelated wrongful

acts" thereto.

However, if the fair value of the assets of

any newly merged entity exceed 25% of

the total assets of the "named insured" as

reflected in its most recent consolidated

financial statements prior to such merger,

then, as a condition precedent to coverage

hereunder, the "insureds" shall give us

written notice and full, written details of the

merger as soon as practicable (but, in all

cases, within ninety (90) days of such

merger). There shall be no coverage

under any renewal or replacement of this

Coverage Part for any newly merged entity

or any of its subsidiaries, and any natural

persons that would qualify as "insured

persons" thereof, unless the "insureds"

comply with the terms of this provision.

3. Takeover of Named Insured

If, before or during the "policy period":

a. the "named insured" merges into or

consolidates with another entity such

that the "named insured" is not the

surviving entity; or

b. more than 50% of the securities

representing the right to vote for the

"named insured's" board of directors

or managers is acquired by another

person or entity, group of persons or

entities, or persons and entities acting

in concert,

then coverage shall continue under this

Coverage Part, but only for "wrongful acts"

occurring before any such transaction. No

coverage shall be available for any

"wrongful act" occurring after such

transaction. Upon such transaction, this

Coverage Part shall not be cancelled and

the entire premium for this Coverage Part

shall be deemed fully earned. The

"insured" shall give us written notice and

full, written details of such transaction as

soon as practicable (but, in all cases,

within ninety (90) days of such

transaction). If any transaction described

herein occurs, then we will not be

obligated to offer any renewal or

replacement of this Coverage Part.

4. Loss of Subsidiary Status

If, before or during the "policy period", any

entity ceases to be a "subsidiary", then

coverage shall be available under this

Coverage Part for such "subsidiary" and its

"insured persons", but only for a "wrongful

act" of such "insureds" occurring before

such transaction. No coverage shall be

available for any "wrongful act" of such

"insureds" occurring after such

transaction.

K. References To Laws

1. Wherever this Coverage Part mentions

any law, including, without limitation, any

statute, Act or Code of the United States,

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 152 of 157
EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM

Form SS 09 01 12 14 Page 11 of 11

such mention shall be deemed to include

all amendments of, and all rules or

regulations promulgated under, such law.

2. Wherever this Coverage Part mentions

any law or laws, including, without

limitation, any statute, Act or Code of the

United States, and such mention is

followed by the phrase "or any similar law",

such phrase shall be deemed to include all

similar laws of all jurisdictions throughout

the world, including, without limitation,

statutes and any rules or regulations

promulgated under such statutes as well

as common law.

L. Action Against Us

1. No action shall be taken against us unless

there shall have been full compliance with

all the terms and conditions of this

Coverage Part.

2. No person or organization shall have any

right under this Coverage Part to join us as

a party to any "claim" against the

"insureds" nor shall we be impleaded by

the "insureds" in any such "claim".

M. Entire Agreement

This Coverage Part, the "application" and any

written endorsements attached hereto, along

with the Declarations constitute the entire

agreement between you and us relating to this

Coverage Part’s insurance.

N. Bankruptcy or Insolvency

Bankruptcy or insolvency of any "insureds"

shall not relieve us of any of our obligations

under this Coverage Part.

O. Authorization of First Named Insured

The first "named insured" shall act on behalf of

all "Insureds" with respect to all matters under

this Coverage Part, including, without

limitation, giving and receiving of notices

regarding "claims", cancellation, election of the

Extended Reporting Period, payment of

premiums, receipt of any return premiums, and

acceptance of any endorsements to this

Coverage Part.

P. When We Do Not Renew

1. If we decide not to renew this Coverage

Part, we will mail or deliver to the first

"named insured" shown in the

Declarations written notice of the

nonrenewal not less than thirty (30) days

before the expiration date.

2. If notice is mailed, proof of mailing will be

sufficient proof of notice.

3. Any state amendatory endorsement

changing Nonrenewal Conditions for any

part of this policy shall also apply to this

Coverage Part.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 153 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

Form SS 09 71 12 14 Page 1 of 1

© 2014, The Hartford

RETROACTIVE DATE ENDORSEMENT - EMPLOYMENT

PRACTICES LIABILITY

This endorsement modifies insurance provided under the following:

EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM

I. SECTION I - INSURING AGREEMENT of this

Coverage Part is amended to include the

following:

This Coverage Part applies only to "claims" for

"wrongful acts" that occurred on or after the

"retroactive date" set forth in the Declarations

and before the end of the "policy period",

regardless of whether such "claim" is made

during the "policy period" or the Extended

Reporting Period, if applicable.

II. The following definition is added to SECTION II -

DEFINITIONS of this Coverage Part:

"Retroactive date" means the date specified in

the Declarations. If no date is specified, the

"retroactive date" will be the same as the

Effective Date of this Coverage Part.

All other terms and conditions of this Coverage

Part remain unchanged.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 154 of 157
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 09 82 12 14 Page 1 of 1

© 2014, The Hartford

TEXAS AMENDATORY ENDORSEMENT -

EMPLOYMENT PRACTICES LIABILITY

This endorsement modifies insurance provided under the following:

EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM

I. SECTION IX. CONDITIONS, paragraph J. Changes in Exposure, subparagraph 3. Takeover of Named

Insured is deleted and replaced with the following:

3. Takeover of Named Insured

If, before or during the "policy period:

a. the "named insured" merges into or consolidates with another entity such that the "named insured" is

not the surviving entity; or

b. more than 50% of the securities representing the right to vote for the "named insured’s" board of

directors or managers is acquired by another person or entity, group of persons or entities, or persons

and entities acting in concert,

then coverage shall continue under this Coverage Part, but only for "wrongful acts" occurring before any

such transaction. No coverage shall be available for any "wrongful act" occurring after such transaction.

Upon such transaction, this Coverage Part shall not be cancelled. The "insured" shall give us written

notice and full, written details of such transaction as soon as practicable (but, in all cases, within ninety

(90) days of such transaction). If any transaction described herein occurs, then we will not be obligated to

offer any renewal or replacement of this Coverage Part.

All other terms and conditions remain unchanged.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 155 of 157
Form IH 99 40 04 09 Page 1 of 1

U.S. DEPARTMENT OF THE TREASURY, OFFICE OF FOREIGN ASSETS

CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS

No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your

policy. You should read your policy and review your Declarations page for complete information on the

coverages you are provided.

This Notice provides information concerning possible impact on your insurance coverage due to directives

issued by the United States. Please read this Notice carefully.

The Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury administers and

enforces economic and trade sanctions based on U.S. foreign policy and national security goals against

targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities

related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign

policy or economy of the United States. OFAC acts under Presidential national emergency powers, as well as

authority granted by specific legislation, to impose controls on transactions and freeze assets under U.S.

jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by, or acting for or on

behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics

traffickers designated under programs that are not country-specific. Collectively, such individuals and

companies are called "Specially Designated Nationals and Blocked Persons" or "SDNs". Their assets are

blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on OFAC’s

web site at – http//www.treas.gov/ofac.

In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity

claiming the benefits of this insurance has violated U.S. sanctions law or is an SDN, as identified by OFAC, the

policy is a blocked contract and all dealings with it must involve OFAC. When an insurance policy is

considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without

authorization from OFAC.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 156 of 157
INDEPENDENCE BARBERSHOP, LLC

65 SBA AB0169

08/02/19 08/02/20

TWIN CITY FIRE INSURANCE COMPANY

Form IH 99 41 04 09 Page 1 of 1

Named Insured:

Policy Number:

Effective Date: Expiration Date:

Company Name:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

TRADE OR ECONOMIC SANCTIONS ENDORSEMENT

This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations

prohibit us from providing insurance, including, but not limited to, the payment of claims.

All other terms and conditions remain unchanged.

Case 1:20-cv-00555-JRN Document 1-1 Filed 05/22/20 Page 157 of 157