EXHIBIT A

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 1 of 87 PageID #:505
The Cincinnati Insurance Company

A Stock Insurance Company

Headquarters: 6200 S. Gilmore Road, Fairfield, OH 45014-5141

Mailing address: P.O. Box 145496, Cincinnati, OH 45250-5496

www.cinfin.com n 513-870-2000

ECP0269601

Previous Policy Number

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Billing Method:

EBA 026 96 01

ECP 026 96 01 / EBA 026 96 01

WEST'S INSURANCE AGENCY, INC. 12-171

10-14-2017

REFER TO IA905

LAKE ZURICH, IL 60047-3134

ORGANIZATION (ANY OTHER)

10-14-2017

GURNEE, IL

10-14-2020

SANDY POINT DENTAL PC

ECP 026 96 01

545 N RAND RD

10-14-2018

FORMS APPLICABLE TO ALL COVERAGE PARTS:

IL0017 11/98 COMMON POLICY CONDITIONS

ICP101 05/11 CINCIPAKTM SUMMARY OF PREMIUMS CHARGED

IA904 04/04 SCHEDULE OF LOCATIONS

IA905 02/98 NAMED INSURED SCHEDULE

IA4236 01/15 POLICYHOLDER NOTICE TERRORISM INSURANCE COVERAGE

IA4433IL 03/17 IMPORTANT POLICYHOLDERS NOTICE - ILLINOIS

IP409IL 01/91 IMPORTANT INFORMATION TO POLICYHOLDERS ILLINOIS

IP446 08/01 NOTICE TO POLICYHOLDERS

IA4006 07/10 SPECIAL PER OCCURRENCE DEDUCTIBLE ENDORSEMENT

IA4156IL 11/16 ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

IA4210IL 03/16 ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

IA4238 01/15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM

IA4338 05/11 SIGNATURE ENDORSEMENT

IA4382IL 07/17 ILLINOIS CHANGES

IA4395IL 11/15 ILLINOIS CHANGES - CIVIL UNION

NOTICE TO POLICYHOLDERS - EXCLUSION - ACCESS OR DISCLOSURE OF 

CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY

IA4442 05/14

FM502 07/08 COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS

GA532 07/08 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS

ICP 513 07 11 Page of

ECP 026 96 01 / EBA 026 96 01

 1 2

CIC0001

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 2 of 87 PageID #:506
FORMS APPLICABLE TO ALL COVERAGE PARTS:

MA573 06/07 ELECTRONIC DATA PROCESSING EQUIPMENT COVERAGE FORM DECLARATIONS

CRIME AND FIDELITY COVERAGE PART DECLARATIONS (COMMERCIAL 

ENTITIES)

CA516 03/09

DENTIST'S PROFESSIONAL LIABILITY COVERAGE PART DECLARATIONS 

(OCCURRENCE)

PA531 10/11

AA505 03/06 BUSINESS AUTO COVERAGE PART DECLARATIONS

HC502 01/16 CINCINNATI DATA DEFENDERTM COVERAGE PART DECLARATIONS

Countersigned By

(Date) (Authorized Representative)

08-08-2017 15:55

ICP 513 07 11 Page of

ECP 026 96 01 / EBA 026 96 01

 2 2

CIC0002

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 3 of 87 PageID #:507
IA 904 04 04

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SCHEDULE OF LOCATIONS

LOC. STREET ADDRESS CITY STATE ZIP CODE

1 545 N RAND RD

LAKE ZURICH, IL 60047-3134

CIC0003

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 4 of 87 PageID #:508
IA 905 02 98

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NAMED INSURED SCHEDULE

This Schedule supplements the Declarations.

SCHEDULE

Named Insured:

SANDY POINT DENTAL, PC

CIC0004

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 5 of 87 PageID #:509
THE CINCINNATI INSURANCE COMPANY

A Stock Insurance Company

COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS

Attached to and forming part of POLICY NUMBER:

Named Insured is the same as it appears on the Common Policy Declarations unless otherwise stated here. ECP 026 96 01

Loc. (address)

REFER TO IA904

COVERAGE PROVIDED

OPTIONAL COVERAGES

Applicable only when an entry is made

Item Coverage Limits

Coin- suranceCovered

Cause Of

Loss

Business

Income

Indemnity

Inflation Guard

(%)

Replace- ment Cost 

(x)

Replace- ment Cost 

Incl. Stock

(x)

Agreed Value 

(x)

Monthly Limit

(fraction)

Maximum Period 

(X)

Extended Period 

(Days)

1 BUSINESS INCOME 12 MONTHS ALS SPECIAL

W/EXTRA EXPENSE (a)

1-1 BUILDING 596,000 90% SPECIAL 2% X

1-1 BUSINESS PERSONAL 396,500 90% SPECIAL X

PROPERTY

DEDUCTIBLE: $500.00 unless otherwise stated $ 1,000

MORTGAGE HOLDER 

Item Name and Address

1-1 JP MORGAN CHASE BANK NA BUSINESS BANKING LOAN SERVICES IL1-0054

PO BOX 6026

CHICAGO, IL 60680

FORMS AND / OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:

BUILDING AND PERSONAL PROPERTY COVERAGE FORM (INCLUDING SPECIAL CAUSES 

OF LOSS)

FM101 04/04

CINCIPLUS® CINCIPAKTM MEDICAL / DENTAL OFFICE PROPERTY XC+® (EXPANDED 

COVERAGE PLUS) ENDORSEMENT SUMMARY OF COVERAGE LIMITS

FCP405 01/11

FCP201 01/11 CINCIPAKTM COMMERCIAL PROPERTY AMENDATORY ENDORSEMENT

CINCIPAKTM MEDICAL OR DENTAL OFFICE POLLUTANT CLEAN-UP COVERED PROPERTY 

EXTENSION

FCP238 09/15

CINCIPAKTM MEDICAL OR DENTAL OFFICE ACTUAL LOSS SUSTAINED BUSINESS 

INCOME ENDORSEMENT

FCP206 01/11

CINCIPAKTM MEDICAL OR DENTAL OFFICE COMMERCIAL PROPERTY COVERAGE 

ENHANCEMENT

FCP211 01/11

CINCIPLUS® CINCIPAKTM MEDICAL / DENTAL OFFICE PROPERTY XC+® (EXPANDED 

COVERAGE PLUS) ENDORSEMENT

FCP217 03/11

CINCIPAKTM MEDICAL / DENTAL OFFICE BUSINESS INCOME (AND EXTRA EXPENSE) 

AMENDATORY ENDORSEMENT

FCP402 05/11

FA286 01/13 THE BRIDGE ENDORSEMENT

FA4028IL 04/08 ILLINOIS CHANGES

FA4042 11/07 PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT

FA450 11/04 COMMERCIAL PROPERTY CONDITIONS

FA480 02/16 LOSS PAYABLE PROVISIONS

FA245 05/11 EQUIPMENT BREAKDOWN COVERAGE (INCLUDING PRODUCTION MACHINERY)

FM 502 07 08 ECP 026 96 01 Page 1 of 2

CIC0005

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 6 of 87 PageID #:510
FORMS AND / OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:

FA213 04/04 BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM

FM 502 07 08 ECP 026 96 01 Page 2 of 2

CIC0006

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 7 of 87 PageID #:511
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 1 of 35

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

(INCLUDING SPECIAL CAUSES OF LOSS)

TABLE OF CONTENTS

SECTION A. COVERAGE................................................................................................................................3

1. Covered Property................................................................................................................................3

a. Building....................................................................................................................................... 3

b. Outdoor Signs............................................................................................................................3

c. Outdoor Fences......................................................................................................................... 3

d. Business Personal Property......................................................................................................3

2. Property Not Covered......................................................................................................................... 4

a. Accounts, Deeds, Money or Securities ....................................................................................4

b. Animals....................................................................................................................................... 4

c. Automobiles ............................................................................................................................... 4

d. Contraband .................................................................................................................................4

e. Electronic Data............................................................................................................................4

f. Excavations, Grading & Backfilling........................................................................................... 4

g. Foundations ............................................................................................................................... 4

h. Land, Water or Growing Crops ................................................................................................. 4

i. Paved Surfaces ......................................................................................................................... 4

j. Property While Airborne or Waterborne ................................................................................... 4

k. Pilings or Piers ........................................................................................................................... 4

l. Property More Specifically Insured........................................................................................... 4

m. Retaining Walls..........................................................................................................................4

n. Underground Pipes, Flues or Drains ........................................................................................4

o. Valuable Papers & Records and Cost to Research................................................................. 4

p. Vehicles or Self-Propelled Machines........................................................................................5

q. Property While Outside of Buildings ......................................................................................... 5

3. Covered Causes of Loss ..................................................................................................................5

a. Risks of Direct Physical Loss....................................................................................................5

b. Exclusions..................................................................................................................................5

c. Limitations................................................................................................................................10

4. Additional Coverages......................................................................................................................11

a. Change in Temperature or Humidity ......................................................................................11

b. Debris Removal .......................................................................................................................11

c. Fire Department Service Charge ............................................................................................12

d. Fire Protection Equipment Recharge .....................................................................................13

e. Inventory or Appraisal .............................................................................................................13

f. Key and Lock Expense ...........................................................................................................13

g. Ordinance or Law ....................................................................................................................13

h. Pollutant Clean Up and Removal............................................................................................14

i. Preservation of Property..........................................................................................................14

j. Rewards...................................................................................................................................15

5. Coverage Extensions......................................................................................................................15

a. Accounts Receivable...............................................................................................................15

CIC0007

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 8 of 87 PageID #:512
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 2 of 35

b. Business Income and Extra Expense.....................................................................................16

c. Collapse ....................................................................................................................................19

d. Electronic Data.........................................................................................................................20

e. Fairs or Exhibitions...................................................................................................................20

f. Fences......................................................................................................................................20

g. Fungi, Wet Rot, Dry Rot, and Bacteria - Limited Coverage ...................................................20

h. Glass.........................................................................................................................................21

i. Newly Acquired or Constructed Property................................................................................22

j. Non-Owned Building Damage.................................................................................................23

k. Outdoor Property .....................................................................................................................23

l. Personal Effects.......................................................................................................................23

m. Property Off Premises..............................................................................................................23

n. Signs.........................................................................................................................................24

o. Trailers (Non-Owned Detached) .............................................................................................24

p. Transportation..........................................................................................................................24

q. Utility Services..........................................................................................................................24

r. Valuable Papers and Records ................................................................................................25

s. Water, Other Liquids, Powder or Molten Material Damage ...................................................26

SECTION B. LIMITS OF INSURANCE..........................................................................................................26

SECTION C. DEDUCTIBLE ...........................................................................................................................26

1. Deductible Examples.......................................................................................................................26

2. Glass Deductible .............................................................................................................................27

SECTION D. LOSS CONDITIONS.................................................................................................................27

1. Abandonment ..................................................................................................................................27

2. Appraisal ..........................................................................................................................................27

3. Duties in the Event of Loss or Damage..........................................................................................27

4. Loss Payment..................................................................................................................................28

5. Recovered Property ........................................................................................................................29

6. Vacancy ...........................................................................................................................................29

a. Description of Terms................................................................................................................29

b. Vacancy Provisions .................................................................................................................30

7. Valuation..........................................................................................................................................30

SECTION E. ADDITIONAL CONDITIONS.....................................................................................................31

1. Coinsurance.....................................................................................................................................31

2. Mortgage Holders............................................................................................................................32

SECTION F. OPTIONAL COVERAGES........................................................................................................32

1. Agreed Value...................................................................................................................................32

2. Inflation Guard .................................................................................................................................32

3. Replacement Cost...........................................................................................................................33

SECTION G. DEFINITIONS...........................................................................................................................33

CIC0008

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 9 of 87 PageID #:513
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 3 of 35

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

(INCLUDING SPECIAL CAUSES OF LOSS)

Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine rights,

duties and what is and is not covered.

Throughout this policy the words "you" and "your"

refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the

Company providing this insurance.

Other words and phrases that appear in quotation

marks have special meaning. Refer to SECTION G.

DEFINITIONS.

SECTION A. COVERAGE

We will pay for direct physical "loss" to Covered

Property at the "premises" caused by or resulting

from any Covered Cause of Loss.

1. Covered Property

Covered Property, as used in this Coverage

Part, means the following types of property for

which a Limit of Insurance is shown in the Declarations:

a. Building

Building, means the building or structure

described in the Declarations, including:

(1) Completed additions;

(2) Fixtures, including outdoor fixtures;

(3) Permanently installed:

(a) Machinery and equipment;

(b) Building glass, including any lettering and ornamentation;

(c) Signs attached to a building or

structure that is Covered Property;

(d) Awnings and canopies;

(4) Personal property owned by you that is

used to maintain or service a covered

building or its "premises", including:

(a) Fire extinguishing equipment;

(b) Outdoor furniture;

(c) Floor coverings; and

(d) Appliances used for refrigerating,

ventilating, cooking, dishwashing

or laundering;

(5) If not covered by other insurance:

(a) Additions under construction, alterations and repairs to a covered

building;

(b) Materials, equipment, supplies and

temporary structures, on or within

1,000 feet of the "premises", used

for making additions, alterations or

repairs to a covered building.

b. Outdoor Signs

Your outdoor signs permanently installed

and not attached to a covered building, and

located within 1,000 feet of the "premises".

c. Outdoor Fences

Your outdoor fences.

d. Business Personal Property

Your Business Personal Property located in

or on the building described in the Declarations or in the open (or in a vehicle) within

1,000 feet of the "premises". Your Busi- ness Personal Property consists of the following unless otherwise specified in the

Declarations or on the BUSINESS PER- SONAL PROPERTY - SEPARATION OF

COVERAGE ENDORSEMENT.

(1) Furniture;

(2) Machinery and equipment;

(3) "Stock";

(4) All other personal property owned by

you and used in your business;

(5) The cost of labor, materials or services

furnished or arranged by you on per- sonal property of others;

(6) Your use interest as tenant in im- provements and betterments. Im- provements and betterments are fixtures, alterations, installations or additions:

(a) Made a part of the building or

structure you occupy but do not

own; and

(b) You acquired or made at your ex- pense but cannot legally remove;

(7) Leased personal property used in your

business for which you have a contractual responsibility to insure. Such

leased property is not considered perCIC0009

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 10 of 87 PageID #:514
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 4 of 35

sonal property of others in your care,

custody or control;

(8) Personal Property of Others that is in

your care, custody or control or for

which you are legally liable.

(a) This does not include personal

effects owned by you, your offi- cers, your partners, or if you are a

limited liability company, your

members or your managers, or

your employees (including leased

and temporary workers), except as

provided in 5. Coverage Exten- sions, l. Personal Effects;

(b) This does not include property of

others for which you are legally li- able as:

1) A carrier for hire; or

2) An arranger of transportation,

including carloaders, consoli- dators, brokers, freight for- warders, or shipping associations; and

(9) Sales samples.

2. Property Not Covered

Covered Property does not include:

a. Accounts, Deeds, Money or Securities

Except as provided in SECTION A. COV- ERAGE, 5. Coverage Extensions, a. Ac- counts Receivable, Accounts, bills, currency, deeds, food stamps or other evi- dences of debt, "money", notes or "securities";

b. Animals

Animals, unless

(1) Owned by others and boarded by you;

or

(2) Owned by you and covered as "stock"

while inside of buildings

and then only as provided in 3. Covered

Causes of Loss, c. Limitations.

c. Automobiles

Automobiles held for sale;

d. Contraband

Contraband, or property in the course of illegal transportation or trade;

e. Electronic Data

Except as provided in SECTION A. COV- ERAGE, 5. Coverage Extensions, d. Electronic Data, "Electronic data". This Para- graph e. does not apply to your "stock" of

prepackaged software.

f. Excavations, Grading & Backfilling

The cost of excavations, grading, backfilling

or filling;

g. Foundations

Foundations of buildings, structures, ma- chinery or boilers, if their foundations are

below:

(1) The lowest basement floor; or

(2) The surface of the ground, if there is no

basement.

h. Land, Water or Growing Crops

Land (including land on which the property

is located), water, growing crops or lawns;

i. Paved Surfaces

Bridges, roadways, walks, patios or other

paved surfaces;

j. Property While Airborne or Water- borne

Personal property while airborne or water- borne;

k. Pilings or Piers

Pilings, piers, bulkheads, wharves or docks;

l. Property More Specifically Insured

Property that is covered under another cov- erage form of this or any other policy in

which it is more specifically described, ex- cept as provided in G. Other Insurance of

the COMMERCIAL PROPERTY CONDI- TIONS;

m. Retaining Walls

Retaining walls that are not part of any

building described in the Declarations;

n. Underground Pipes, Flues or Drains

Underground pipes, flues or drains;

o. Valuable Papers & Records and Cost

to Research

Except as provided in SECTION A. COV- ERAGE, 5. Coverage Extensions, r. Valu- able Papers and Records, the cost to re- search, replace or restore the information

on "valuable papers and records", including

those which exist as "electronic data".

This does not apply to "valuable papers and

records" held for sale by you.

CIC0010

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 11 of 87 PageID #:515
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 5 of 35

p. Vehicles or Self-Propelled Machines

Vehicles or self-propelled machines (in- cluding aircraft or watercraft) that:

(1) Are licensed for use on public roads; or

(2) Are operated principally away from the

"premises".

This paragraph does not apply to:

(1) Vehicles or self-propelled machines or

autos you manufacture, process or

warehouse;

(2) Vehicles or self-propelled machines,

other than autos, you hold for sale;

(3) Rowboats or canoes out of water and

located at the "premises"; or

(4) Trailers, but only as provided in SEC- TION A. COVERAGE, 5. Coverage

Extensions, o. Trailers (Non-Owned

Detached).

q. Property While Outside of Buildings

The following property while outside of

buildings (except as provided in SECTION

A. COVERAGE, 5. Coverage Extensions):

(1) Grain, hay, straw or other crops;

(2) Signs, except:

a) Signs attached to a covered

building or structure;

b) Signs for which a Limit of Insur- ance is shown in the Declarations.

(3) Outdoor fences, except outdoor fences

for which a Limit of Insurance is shown

in the Declarations;

(4) Radio antennas, television antennas or

satellite dishes; including their lead-in

wiring, masts, and towers; and

(5) Trees, shrubs or plants (other than

"stock" of trees, shrubs or plants).

3. Covered Causes of Loss

a. Risks of Direct Physical Loss

Covered Causes of Loss means RISKS OF

DIRECT PHYSICAL LOSS unless the "loss"

is:

(1) Excluded in SECTION A. COVERAGE,

3. Covered Causes of Loss, b. Ex- clusions; or

(2) Limited in SECTION A. COVERAGE, 3.

Covered Causes of Loss, c. Limitations;

that follow.

b. Exclusions

(1) We will not pay for "loss" caused directly or indirectly by any of the following, unless otherwise provided. Such

"loss" is excluded regardless of any

other cause or event that contributes

concurrently or in any sequence to the

"loss".

(a) Ordinance or Law

Except as provided in SECTION A.

COVERAGE, 4. Additional Cov- erages, g. Ordinance or Law, the

enforcement of any ordinance or

law:

1) Regulating the construction,

use or repair of any building or

structure; or

2) Requiring the tearing down of

any building or structure, in- cluding the cost of removing

its debris.

This exclusion applies whether

"loss" results from:

1) An ordinance or law that is

enforced even if the building

or structure has not been

damaged; or

2) The increased costs incurred

to comply with an ordinance

or law in the course of con- struction, repair, renovation,

remodeling or demolition of

any building or structure, or

removal of its debris, following

a physical "loss" to that building or structure.

(b) Earth Movement

1) Earthquake, including any

earth sinking, rising or shifting

related to such event;

2) Landslide, including any earth

sinking, rising or shifting related to such event;

3) Mine subsidence, meaning

subsidence of a man-made

mine, whether or not mining

activity has ceased;

4) Earth sinking (other than

"sinkhole collapse"), rising or

shifting including soil conditions which cause settling,

cracking or other disarrange- ment of foundations or other

parts of realty. Soil conditions

CIC0011

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 12 of 87 PageID #:516
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 6 of 35

include contraction, expan- sion, freezing, thawing, ero- sion, improperly compacted

soil and the action of water

under the ground surface.

But if Earth Movement, as de- scribed in (b) 1) through 4) above,

results in fire or explosion, we will

pay for the "loss" caused by that

fire or explosion.

5) Volcanic eruption, explosion

or effusion. But if volcanic

eruption, explosion or effusion

results in fire, building glass

breakage or volcanic action,

we will pay for the "loss"

caused by that fire, building

glass breakage or volcanic

action.

Volcanic action means direct

"loss" resulting from the eruption of a volcano when the

"loss" is caused by:

a) Airborne volcanic blast or

airborne shock waves;

b) Ash, dust or particulate

matter; or

c) Lava flow.

All volcanic eruptions that oc- cur within any 168-hour period will constitute a single

occurrence.

Volcanic action does not in- clude the cost to remove ash,

dust or particulate matter that

does not cause direct physi- cal "loss" to the described

property.

6) This exclusion Earth Move- ment does not apply to:

a) SECTION A. COVER- AGE, 5. Coverage Extensions, a. Accounts

Receivable;

b) SECTION A. COVER- AGE, 5. Coverage Extensions, p. Transportation;

c) SECTION A. COVER- AGE, 5. Coverage Extensions, r. Valuable

Papers and Records; or

d) Office furniture that is

covered Business Per- sonal Property.

(c) Governmental Action

Seizure or destruction of property

by order of governmental authority. However, we will pay for "loss"

caused by or resulting from acts of

destruction ordered by govern- mental authority and taken at the

time of a fire to prevent its spread,

if the fire would be covered under

this Coverage Part.

(d) Nuclear Hazard

Nuclear reaction or radiation, or

radioactive contamination, how- ever caused.

(e) Utility Services

1) Except as provided in SEC- TION A. COVERAGE, 5.

Coverage Extensions, q.

Utility Services, the failure of

power or other utility services

supplied to the "premises",

however caused, if the failure

occurs away from the "premises". Failure includes lack of

sufficient capacity and reduction in supply.

However, if the failure of

power or other utility service

results in a Covered Cause of

Loss, we will pay for that portion of "loss" caused by that

Covered Cause of Loss.

2) This exclusion does not apply

to Business Income coverage

or Extra Expense coverage.

Instead, SECTION A. COV- ERAGE, 3. Covered Causes

of Loss, b. Exclusions, (4)

Special Exclusions applies

to these coverages.

(f) War and Military Action

1) War, including undeclared or

civil war;

2) Warlike action by a military

force, including action in hin- dering or defending against

an actual or expected attack,

by any government, sovereign

or other authority using military personnel or other

agents; or

CIC0012

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 13 of 87 PageID #:517
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 7 of 35

3) Insurrection, rebellion, revolution, usurped power, or action

taken by governmental

authority in hindering or defending against any of these.

(g) Water

1) Flood, surface water, waves,

tides, tidal waves, overflow of

any body of water, or their

spray, all whether driven by

wind or not;

2) Mudslide or mudflow;

3) Water or waterborne material

which backs up through or

overflows or is discharged

from a sewer, drain, septic

system, sump pump or related

equipment; or

4) Water or waterborne material

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.

However, if water, as described in

(g)1) through (g)4) above, results

in fire, explosion or sprinkler leak- age, we will pay for that portion of

"loss" caused by that fire, explo- sion or sprinkler leakage.

5) This exclusion Water does not

apply to:

a) SECTION A. COVER- AGE, 5. Coverage Extensions, a. Accounts

Receivable;

b) SECTION A. COVER- AGE, 5. Coverage Extensions, p. Transportation;

c) SECTION A. COVER- AGE, 5. Coverage Extensions, r. Valuable

Papers and Records; or

d) Office furniture that is

covered Business Per- sonal Property.

(h) "Fungi", Wet Rot, Dry Rot, and

Bacteria

1) Presence, growth, proliferation, spread or any activity of

"fungi", wet or dry rot or bacteria. But if "fungi", wet or dry

rot or bacteria results in a

"specified cause of loss", we

will pay for the "loss" caused

by that "specified cause of

loss".

2) This exclusion does not apply:

a) When "fungi", wet or dry

rot or bacteria results

from fire or lightning; or

b) To the extent that cover- age is provided in SEC- TION A. COVERAGE, 5.

Coverage Extensions, g.

"Fungi", Wet Rot, Dry

Rot and Bacteria - Limited Coverage with re- spect to "loss" from a

cause of loss other than

fire or lightning.

Exclusions b.(1)(a) through b.(1)(h)

apply whether or not the "loss" event

results in widespread damage or affects a substantial area.

(2) We will not pay for "loss" caused by or

resulting from any of the following:

(a) Electrical Current

Artificially generated electrical current, including electric arcing, that

disturbs electrical devices, appli- ances or wires. However, if artifi- cially generated electrical current

results in fire, we will pay for that

portion of the "loss" caused by that

fire.

(b) Delay or Loss of Use

Delay, loss of use or loss of mar- ket.

(c) Smoke, Vapor, Gas

Smoke, vapor or gas from agri- cultural smudging or industrial op- erations.

(d) Miscellaneous Causes of Loss

1) Wear and tear;

2) Rust or other corrosion, de- cay, deterioration, hidden or

latent defect or any quality in

property that causes it to

damage or destroy itself;

3) Smog;

CIC0013

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 14 of 87 PageID #:518
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 8 of 35

4) Settling, cracking, shrinking or

expansion;

5) Nesting or infestation, or dis- charge or release of waste

products or secretions, by in- sects, birds, rodents or other

animals;

6) Mechanical breakdown, in- cluding rupture or bursting

caused by centrifugal force.

However, if mechanical

breakdown results in elevator

collision, we will pay for that

portion of "loss" caused by

that elevator collision; or

7) The following causes of loss

to personal property:

a) Marring or scratching;

b) Except as provided in

SECTION A. COVER- AGE, 4. Additional Cov- erages, a. Change in

Temperature or Humidity and 5. Coverage Extensions, q. Utility

Services;

i) Dampness or dry- ness of atmosphere;

and

ii) Changes in or extremes of temperature.

However, if an excluded cause of

loss listed in (2)(d) 1) through 7)

results in a "specified cause of

"loss" or building glass breakage,

we will pay for that portion of "loss"

caused by that "specified cause of

loss" or building glass breakage.

(e) Explosion of Steam Apparatus

Explosion of steam boilers, steam

pipes, steam engines or steam

turbines owned or leased by you,

or operated under your control.

However, if explosion of steam

boilers, steam pipes, steam en- gines or steam turbines results in

fire or combustion explosion, we

will pay for that portion of "loss"

caused by that fire or combustion

explosion. We will also pay for

"loss" caused by or resulting from

the explosion of gases or fuel

within the furnace of any fired ves- sel or within the flues or passages

through which the gases of com- bustion pass.

(f) Water Seepage

Continuous or repeated seepage

or leakage of water or the pres- ence or condensation of humidity,

moisture, or vapor that occurs over

a period of 14 days or more.

(g) Freezing of Plumbing

Water, other liquids, powder or

molten material that leaks or flows

from plumbing, heating, air conditioning or other equipment (except

fire protection systems) caused by

or resulting from freezing, unless:

1) You did your best to maintain

heat in the building or structure; or

2) You drained the equipment

and shut off the supply if the

heat was not maintained.

(h) Dishonest Acts

Dishonest or criminal acts by you,

anyone else with an interest in the

property, any of your or their part- ners, employees (including leased

or temporary workers) directors,

trustees, authorized representatives or if you are a limited liability

company, your members or your

managers, or anyone to whom you

entrust the property for any pur- pose:

1) Acting alone or in collusion

with others; or

2) Whether or not occurring during the hours of employment.

This Dishonest Acts exclusion

does not apply to acts of destruction by your employees (including

leased or temporary workers); ex- cept theft by employees (including

leased or temporary workers) is

not covered.

(i) 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.

(j) Exposure to Weather

CIC0014

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 15 of 87 PageID #:519
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 9 of 35

Rain, snow, ice or sleet to per- sonal property in the open.

(k) Collapse

Collapse, except as provided in

SECTION A. COVERGAE, 5.

Coverage Extensions, c. Collapse. However, if collapse results

in a Covered Cause of Loss at the

"premises", we will pay for that

portion of "loss" caused by that

Covered Cause of Loss.

(l) Pollutants

Discharge, dispersal, seepage,

migration, release, escape or

emission of "pollutants" unless the

discharge, dispersal, seepage, mi- gration, release, escape or emis- sion is itself caused by any of the

"specified causes of loss". But if

the discharge, dispersal, seepage,

migration, release, escape or

emission of "pollutants" results in a

"specified cause of loss", we will

pay for the "loss" caused by that

"specified cause of loss".

This exclusion does not apply to

"loss" to glass caused by chemi- cals applied to the glass.

(m) Work Process

Any processing or work upon

Covered Property. But if "loss" by

fire results, we will pay for that re- sulting "loss".

(n) 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".

(3) We will not pay for "loss" caused by or

resulting from any of the following:

(3)(a) through (3)(c). However, if an

excluded cause of loss that is listed in

(3)(a) through (3)(c) results in a Cov- ered Cause of Loss, we will pay for that

portion of "loss" caused by that Cov- ered Cause of Loss:

(a) Weather Conditions

Weather conditions, but this exclu- sion only applies if weather conditions contribute in any way with a

cause or event excluded in SEC- TION A. COVERAGE, 3. Covered

Causes of Loss, b. Exclusions,

(1)(a) through (1)(h) to produce

the "loss".

(b) Acts or Decisions

Acts or decisions, including the

failure to act or decide, of any per- son, group, organization or gov- ernmental body.

(c) Defects, Errors, and Omissions

1) An act, error, or omission

(negligent or not) relating to:

a) Land use;

b) Design, specifications,

construction, workman- ship;

c) Planning, zoning, devel- opment, surveying, siting,

grading, compaction; or

d) Maintenance, installation,

renovation, repair, or re- modeling

of part or all of any property

on or off the "premises";

2) A defect, weakness, inade- quacy, fault, or unsoundness

in materials used in construction or repair of part or all of

any property on or off the

"premises"; or

3) The cost to make good any

error in design.

(4) Special Exclusions

The Special Exclusions apply only to

SECTION A. COVERAGE, 5. Cover- age Extensions, b. Business Income

and Extra Expense; and if attached to

this policy, the following coverage

forms: BUSINESS INCOME (AND EX- TRA EXPENSE) COVERAGE FORM,

BUSINESS INCOME (WITHOUT EX- TRA EXPENSE) COVERAGE FORM,

and EXTRA EXPENSE COVERAGE

FORM.

We will not pay for:

(a) Except as provided in 5. Coverage

Extensions, q. Utility Services, any "loss" caused directly or indirectly by the failure of power or

other utility service supplied to the

"premises", however caused, if the

failure occurs outside of a covered

building. Failure includes lack of

sufficient capacity and reduction in

supply. However, if the failure of

CIC0015

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 16 of 87 PageID #:520
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 10 of 35

power or other utility service re- sults in a Covered Cause of Loss,

we will pay for that portion of "loss"

resulting from that Covered Cause

of Loss.

(b) Any "loss" caused by or resulting

from:

1) Damage or destruction of finished "stock"; or

2) The time required to repro- duce finished "stock".

This Exclusion (b) does not apply

to Extra Expense.

(c) Any "loss" caused by or resulting

from damage to radio or television

antennas (including satellite

dishes) and their lead-in wiring,

masts or towers.

(d) Any increase of "loss" caused by

or resulting from:

1) Delay in rebuilding, repairing

or replacing the property or

resuming "operations", due to

interference at the location of

the rebuilding, repair or re- placement by strikers or other

persons; or

2) Suspension, lapse or cancellation of any license, lease or

contract. However, if the sus- pension, lapse or cancellation

is directly caused by the "sus- pension" of "operations", we

will cover such "loss" that affects your Business Income

during the "period of restoration" and any extension of the

"period of restoration" in ac- cordance with the terms of the

Extended Business Income

Additional Coverage and the

Extended Period of Indemnity

Optional Coverage or any

variation of these.

(e) Any Extra Expense caused by or

resulting from suspension, lapse

or cancellation of any license,

lease or contract beyond the "period of restoration".

(f) Any other indirect "loss".

c. Limitations

The following limitations apply to all policy

forms and endorsements shown on the

COMMERCIAL PROPERTY COVERAGE

PART DECLARATIONS, unless otherwise

stated:

(1) Limitations - Various Types of Prop- erty

We will not pay for "loss" to property as

described and limited in this section. In

addition, we will not pay for any "loss"

that is a consequence of "loss" as de- scribed and limited in this section.

(a) Steam Apparatus

Steam boilers, steam pipes, steam

engines or steam turbines caused

by or resulting from any condition

or event inside such equipment.

But we will pay for "loss" to such

equipment caused by or resulting

from an explosion of gases or fuel

within the furnace of any fired ves- sel or within the flues or passages

through which the gases of com- bustion pass.

(b) Hot Water Boilers

Hot water boilers or other water

heating equipment caused by or

resulting from any condition or

event inside such boilers or

equipment, other than an explo- sion.

(c) Building Interiors

The interior of any building or

structure, or to personal property

in the building or structure, caused

by or resulting from rain, snow,

sleet, ice, sand or dust, whether

driven by wind or not, unless:

1) The building or structure first

sustains damage by a Cov- ered Cause of Loss to its roof

or walls through which the

rain, snow, sleet, ice, sand or

dust enters; or

2) The "loss" is caused by or re- sults from thawing of snow,

sleet or ice on the building or

structure.

(d) Building Materials - Theft

Building materials and supplies not

attached as part of the building or

structure, caused by or resulting

from theft.

However, this limitation does not

apply to:

1) Building materials and sup- plies held for sale by you; or

CIC0016

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 17 of 87 PageID #:521
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 11 of 35

2) Business Income coverage or

Extra Expense coverage.

(e) Missing Property

Property that is missing, where the

only evidence of the "loss" is a

shortage disclosed on taking in- ventory, or other instances where

there is no physical evidence to

show what happened to the prop- erty.

(f) Gutters and Downspouts

Gutters and downspouts caused

by or resulting from weight of

snow, ice or sleet.

(g) Transferred Property

Property that has been transferred

to a person or to a place outside

the "premises" on the basis of un- authorized instructions.

(2) Limitations - Various Property for

Specified Causes

We will not pay for "loss" to the following types of property unless caused by

the "specified causes of loss" or building glass breakage:

(a) Animals, and then only if they are

killed or their destruction is

deemed necessary.

(b) Contractors equipment, machinery

and tools owned by you or entrusted to you, provided such

property is Covered Property.

However, this limitation does not

apply:

1) If the property is located on or

within 1,000 feet of the

"premises"; or

2) To Business Income coverage

or to Extra Expense coverage.

(3) Limitation - Personal Property Theft

This Limitation does not apply to Busi- ness Income coverage or to Extra Ex- pense coverage. The special limit

shown for each category, (3)(a)

through (3)(d), is the most we will pay

for "loss" to all property in that cate- gory. The special limit applies to any

one occurrence of theft, regardless of

the types or number of articles that are

lost or damaged in that occurrence.

The special limits are:

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

garments trimmed with fur.

(b) $2,500 for jewelry, watches, watch

movements, jewels, pearls, pre- cious and semi-precious stones,

bullion, gold, silver, platinum and

other precious alloys or metals.

This limit does not apply to jewelry

and watches worth $100 or less

per item.

(c) $2,500 for patterns, dies, molds

and forms.

(d) $250 for stamps, tickets, including

lottery tickets held for sale, and

letters of credit.

These special limits are part of, not in

addition to, the Limit of Insurance ap- plicable to the Covered Property.

4. Additional Coverages

Unless stated otherwise, SECTION C. DE- DUCTIBLE does not apply to the Additional

Coverages. The Additional Coverages Limits of

Insurance apply on a per location basis unless

stated otherwise.

a. Change in Temperature or Humidity

We will pay for "loss" to your covered Busi- ness Personal Property caused by a

change in temperature or humidity or contamination by refrigerant resulting from

damage by a Covered Cause of Loss to

equipment used for refrigerating, cooling,

humidifying, dehumidifying, air conditioning,

heating, generating or converting power

(including their connections and supply or

transmission lines and pipes) when located

on the "premises".

This Coverage is included within the Limits

of Insurance shown in the Declarations.

b. Debris Removal

(1) Subject to Paragraphs (3) and (4) of

this Additional Coverage, 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 "coverage term".

The expenses will be paid only if they

are reported to us in writing within 180

days of the date of direct physical

"loss".

(2) This Additional Coverage does not ap- ply to costs to:

(a) Extract "pollutants" from land or

water; or

CIC0017

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 18 of 87 PageID #:522
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 12 of 35

(b) Remove, restore or replace polluted land or water.

(3) Subject to the exceptions in Paragraph

(4), the following provisions apply:

(a) The most we will pay for the total

of direct physical "loss" plus debris

removal expense is the Limit of In- surance applicable to the Covered

Property that has sustained "loss".

(b) Subject to (a) above, the amount

we will pay for debris removal ex- pense is limited to 25% of the sum

of the deductible plus the amount

that we pay for direct physical

"loss" to the Covered Property that

has sustained "loss".

(4) We will pay up to an additional $10,000

for debris removal expense, for each

"premises", in any one occurrence of

physical "loss" to Covered Property, if

one or both of the following circum- stances apply:

(a) The total of the actual debris re- moval expense plus the amount

we pay for direct physical "loss"

exceeds the Limit of Insurance on

the Covered Property that has

sustained "loss".

(b) The actual debris removal ex- pense exceeds 25% of the sum of

the deductible plus the amount

that we pay for direct physical

"loss" to the Covered Property that

has sustained "loss".

Therefore, if (4)(a) and/or (4)(b) apply,

our total payment for direct physical

"loss" and debris removal expense

may reach but will never exceed the

Limit of Insurance on the Covered

Property that has sustained "loss", plus

$10,000.

(5) Examples

The following examples assume that

there is no coinsurance penalty.

Example #1

Limit of Insurance $ 90,000

Amount of Deductible $ 500

Amount of "Loss" $ 50,000

Amount of "Loss" Payable $ 49,500

($50,000 - $500)

Debris Removal Expense $ 10,000

Debris Removal Expense

Payable $ 10,000

($10,000 is 20% of $50,000)

The debris removal expense is less than 25% of

the sum of the "loss" payable plus the deducti- ble. The sum of the "loss" payable and the de- bris removal expense ($49,500 + $10,000 =

$59,500) is less than the Limit of Insurance.

Therefore, the full amount of debris removal ex- pense is payable in accordance with the terms

of Paragraph (3).

Example #2

Limit of Insurance $ 90,000

Amount of Deductible $ 500

Amount of "Loss" $ 80,000

Amount of "Loss" Payable $ 79,500

($80,000 - $500)

Debris Removal Expense $ 30,000

Debris Removal Expense

Payable

Basic Amount $ 10,500

Additional Amount $ 10,000

The basic amount payable for debris removal

expense under the terms of Paragraph (3) is

calculated as follows: $80,000 ($79,500 +

$500) x .25 = $20,000; capped at $10,500. The

cap applies because the sum of the "loss" pay- able ($79,500) and the basic amount payable

for debris removal expense ($10,500) cannot

exceed the Limit of Insurance ($90,000).

The additional amount payable for debris re- moval expense is provided in accordance with

the terms of Paragraph (4), because the debris

removal expense ($30,000) exceeds 25% of the

"loss" payable plus the deductible ($30,000 is

37.5% of $80,000), and because the sum of the

"loss" payable and debris removal expense

($79,500 + $30,000 = $109,500) would exceed

the Limit of Insurance ($90,000). The additional

amount of covered debris removal expense is

$10,000, the maximum payable under Para- graph (4). Thus the total payable for debris re- moval expense in this example is $20,500;

$9,500 of the debris removal expense is not

covered.

c. Fire Department Service Charge

When the fire department is called to save

or protect Covered Property from a Covered

Cause of Loss, we will pay up to $5,000 in

any one occurrence for your liability, which

CIC0018

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 19 of 87 PageID #:523
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 13 of 35

is determined prior to "loss", for fire depart- ment service charges:

(1) Assumed by contract or agreement; or

(2) Required by local ordinance.

This Coverage is in addition to the Limits of

Insurance shown in the Declarations.

d. Fire Protection Equipment Recharge

(1) We will pay for the expenses you incur

to recharge your automatic fire sup- pression system or portable fire extin- guishers when the equipment is dis- charged:

(a) To combat a covered fire to which

this insurance applies;

(b) As a result of another covered

Cause of Loss other than fire; or

(c) As a result of an accidental dis- charge.

(2) We will not pay your expenses to re- charge fire protection equipment as a

result of a discharge during testing or

installation.

(3) If it is less expensive to do so, we will

pay your costs to replace your auto- matic fire suppression system or port- able fire extinguishers rather than re- charge that equipment.

The most we will pay under this Additional

Coverage is $25,000 in any one occurrence. This Coverage is in addition to the

Limits of Insurance shown in the Declarations.

e. Inventory or Appraisal

(1) We will pay the necessary expenses

you incur to prepare claim information

as required by this Coverage Part. Ex- penses must result from:

(a) Taking inventories;

(b) Making appraisals; and

(c) Preparing a statement of loss and

other supporting exhibits.

(2) We will not pay for any expenses:

(a) Incurred to prove that "loss" is

covered;

(b) Incurred under SECTION D. LOSS

CONDITIONS, 2. Appraisal;

(c) Incurred for examinations under

oath;

(d) Billed by and payable to inde- pendent or public adjusters; or

(e) To prepare claims not covered by

this Coverage Part.

The most we will pay under this Additional

Coverage for any one occurrence is

$10,000. This Coverage is in addition to

the Limits of Insurance shown in the Declarations.

f. Key and Lock Expense

(1) If a key is lost, stolen, or damaged, we

will pay for:

(a) The actual expense of the new

keys; and

(b) The adjustment of locks to accept

new keys; or

(c) If required, new locks, including

the expense of their installation;

but only for locks at buildings or structures covered by this Coverage Part.

(2) This Coverage does not apply to keys

that were given to former employees.

The most we will pay under this Additional

Coverage is $1,000 per occurrence. This

Coverage is in addition to the Limits of In- surance shown in the Declarations.

g. Ordinance or Law

(1) If a Covered Cause of Loss occurs to a

covered building or structure, resulting

in the enforcement of an ordinance or

law that:

(a) Requires the demolition of un- damaged parts of covered buildings or structures that are dam- aged or destroyed by a Covered

Cause of Loss; or

(b) Regulates the construction or re- pair of buildings or structures, or

establishes building, zoning, or

land use requirements at the

"premises"; and

(c) Is in force at the time that "loss" is

sustained;

we will pay:

(a) For loss in value of the undam- aged portion of the building or

structure caused by enforcement

of an ordinance or law that re- quires demolition of undamaged

parts of the same building or

structure;

CIC0019

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 20 of 87 PageID #:524
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 14 of 35

(b) The cost to demolish and clear the

site of undamaged parts of the

building or structure; and

(c) The increased cost to:

1) Repair or reconstruct dam- aged portions of that building

or structure; and

2) Reconstruct or remodel un- damaged portions of that

building or structure whether

or not demolition is required;

when the increased cost is a con- sequence of enforcement of

building, zoning or land use ordi- nance or law. However, this in- creased cost of construction ap- plies only if the restored or remod- eled building or structure is intended for occupancy similar to

the building or structure it re- places, unless such occupancy is

not permitted by zoning or land

use ordinance or law.

(d) The increased cost to repair or re- construct the following:

1) The cost of excavations,

grading, backfilling and filling;

2) Foundation of the building;

3) Pilings;

4) Underground pipes, flues and

drains.

The items listed in (d)1) through

(d)4) above are deleted from

SECTION A. COVERAGE, 2.

Property Not Covered; but only

with respect to the increased cost

of construction coverage de- scribed in this Additional Cover- age.

(2) We will not pay for:

(a) Enforcement of any ordinance or

law which requires the demolition,

repair, replacement, reconstruction, remodeling or remediation of

property due to contamination by

"pollutants" or due to the pres- ence, growth, proliferation, spread

or any activity of "fungi", wet or dry

rot or bacteria; or

(b) The costs associated with the enforcement of any ordinance or law

which requires any insured or oth- ers to test for, monitor, clean up,

remove, contain, treat, detoxify or

neutralize, or in any way respond

to, or assess the effects of "pollut- ants", "fungi", wet or dry rot or

bacteria.

(3) We will not pay for "loss" due to any

ordinance or law that:

(a) You were required to comply with

before the "loss", even if the

building was undamaged; and

(b) With which you failed to comply.

(4) The terms of this Additional Coverage

apply separately to each building or

structure covered by this policy.

(5) The most we will pay under this Additional Coverage is $10,000 per building. This is in addition to the Limits of

Insurance shown in the Declarations.

h. Pollutant Clean Up and Removal

We will pay your expenses to extract "pollutants" from land or water at the "premises"

if the discharge, dispersal, seepage, migration, release, escape or emission of the

"pollutants" is caused by or results from a

Covered Cause of Loss that occurs during

the "coverage term". The expenses will be

paid only if they are reported to us in writing

within 180 days of the date on which the

Covered Cause of Loss occurs.

This Additional Coverage does not apply to

costs to test for, monitor or assess the existence, concentration or effects of "pollut- ants". But we will pay for testing which is

performed in the course of extracting the

"pollutants" from the land or water.

The most we will pay under this Additional

Coverage for each "premises" is $10,000

for the sum of all covered expenses arising

out of Covered Causes of Loss during each

"coverage term". This is in addition to the

Limits of Insurance shown in the Declarations.

i. Preservation of Property

If it is necessary to move Covered Property

from the "premises" to preserve it from im- minent "loss" by a Covered Cause of Loss,

we will pay for any direct physical "loss" to

that property:

(1) While it is being moved or while temporarily stored at another location; and

(2) Only if the "loss" occurs within 60 days

after the property is first moved.

This Coverage is included within the Limits

of Insurance shown in the Declarations.

CIC0020

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 21 of 87 PageID #:525
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 15 of 35

j. Rewards

We will pay to provide a reward for information that leads to a conviction for arson,

theft, vandalism, or burglary. The conviction

must involve a covered "loss" caused by

arson, theft, vandalism, or burglary. The

most we will pay for "loss" under this Additional Coverage is $10,000 in any one oc- currence. This Coverage is in addition to

the Limits of Insurance shown in the Declarations.

5. Coverage Extensions

Unless amended within the Extension, each

Extension applies to property located in or on

the building described in the Declarations or in

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

"premises".

The limits applicable to the Coverage Exten- sions are in addition to the Limits of Insurance

shown in the Property Declarations. Limits of

Insurance specified in these Extensions apply

per location unless stated otherwise.

SECTION E. ADDITIONAL CONDITIONS, 1.

Coinsurance, does not apply to these Cover- age Extensions.

a. Accounts Receivable

SECTION C. DEDUCTIBLE does not apply

to this Coverage Extension.

(1) When you sustain "loss" to your ac- counts receivable records caused by a

Covered Cause of Loss, we will pay:

(a) All amounts due from your customers that you are unable to collect;

(b) Interest charges on any loan re- quired 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

"loss"; and

(d) Other reasonable expenses that

you incur to re-establish your rec- ords of accounts receivable.

(2) Coverage does not apply to:

(a) Records of accounts receivable in

storage away from the "premises";

or

(b) Contraband, or property in the

course of illegal transportation or

trade.

(3) We will extend coverage to include:

(a) Removal

If you give us written notice within

30 days of removal of your records

of accounts receivable because of

imminent danger of "loss" from a

Covered Cause of Loss, we will

pay for "loss" while they are:

1) At a safe place away from

your "premises"; or

2) Being taken to and returned

from that place.

This Removal coverage is in- cluded within the Limit of Insur- ance applicable to this Coverage

Extension.

(b) Away From Your Premises

We will pay up to $5,000 in any

one occurrence, regardless of the

number of locations, for "loss"

caused by a Covered Cause of

Loss to Accounts Receivable while

they are away from your "premises".

This Away From Premises Limit is

in addition to the Limit of Insurance

applicable to this Coverage Exten- sion.

(4) SECTION A. COVERAGE, 3. Covered

Causes of Loss, b. Exclusions does

not apply to this Coverage Extension,

except as follows:

(a) Exclusion (1)(c) Governmental

Action;

(b) Exclusion (1)(d) Nuclear Hazard;

(c) Exclusion (1)(f) War and Military

Action.

(5) In addition to Paragraph (4) of this

Coverage Extension, we will not pay for

"loss" resulting from any of the following:

(a) Dishonest or criminal acts by:

1) You, your partners, employ- ees, directors, trustees or

authorized representatives;

2) A manager or a member if you

are a limited liability company;

3) Anyone else with an interest

in the records of accounts re- ceivable, or their employees

or authorized representatives;

or

CIC0021

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 22 of 87 PageID #:526
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 16 of 35

4) Anyone else entrusted with

the records of accounts re- ceivable for any purpose.

This Paragraph (5)(a) applies

whether or not such persons are

acting alone or in collusion with

other persons or such act occurs

during the hours of employment.

However, this Paragraph (5)(a)

does not apply to dishonest acts of

a carrier for hire or to acts of de- struction by your employees.

However, theft by employees is

still not covered.

(b) Alteration, falsification, conceal- ment or destruction of records of

accounts receivable done to con- ceal 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

data" that is caused by or results

from:

1) Programming errors or faulty

machine instructions;

2) Faulty installation or mainte- nance of data processing

equipment or component

parts;

3) An occurrence that took place

more than 100 feet from your

"premises"; or

4) Interruption of electrical power

supply, power surge, blackout

or brownout if the cause of

such occurrence took place

more than 100 feet from your

"premises".

But we will pay for direct "loss"

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, de- vice or false pretense.

(f) A "loss" that requires any audit of

records or any inventory computation to prove its factual existence.

(6) Determination of Receivables:

(a) If you cannot accurately establish

the amount of accounts receivable

outstanding as of the time of

"loss", the following method will be

used:

1) Determine the total of the av- erage monthly amounts of ac- counts receivable for the 12

months immediately preceding the month in which the

"loss" occurs; and

2) Adjust that total for any normal

fluctuations in the amount of

accounts receivable for the

month in which the "loss" oc- curred or for any demon- strated variance from the av- erage for that month.

(b) The following will be deducted

from the total amount of accounts

receivable, however that amount is

established:

1) The amount of the accounts

for which there is no "loss";

and

2) The amount of the accounts

that you are able to reestablish or collect; and

3) An amount to allow for prob- able bad debts that you are

normally unable to collect; and

4) All unearned interest and

service charges.

The most we will pay for "loss" under this

Coverage Extension is $25,000 in any one

occurrence.

b. Business Income and Extra Expense

SECTION C. DEDUCTIBLE does not apply

to this Coverage Extension.

(1) Business Income

We will pay for the actual loss of "Busi- ness Income" and "Rental Value" you

sustain due to the necessary "suspen- sion" of your "operations" during the

"period of restoration". The "suspen- sion" must be caused by direct physi- cal "loss" to property at a "premises"

caused by or resulting from any Cov- ered Cause of Loss. With respect to

"loss" to personal property in the open

or personal property in a vehicle, the

"premises" include the area within

CIC0022

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 23 of 87 PageID #:527
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 17 of 35

1000 feet of the site at which the

"premises" are located.

(2) Extra Expense

We will pay "Extra Expense" you incur

during the "period of restoration":

(a) To avoid or minimize the "suspen- sion" of business and to continue

"operations":

1) At the "premises"; or

2) At replacement locations or at

temporary locations, including:

a) Relocation expenses;

and

b) Costs to equip and oper- ate the replacement or

temporary locations; or

(b) To minimize the "suspension" of

business if you cannot continue

"operations".

However:

(a) We will pay "Extra Expense" to re- pair or replace any property, or to

research, replace, or restore the

lost information on damaged

"valuable papers and records"

only to the extent it reduces the

amount of "loss" that otherwise

would have been payable under

this Coverage Part; and

(b) If any property obtained for temporary use during the "period of restoration" remains after the re- sumption of normal "operations",

the amount we will pay under this

Coverage will be reduced by the

salvage value of that property.

(3) Tenant Premises

If you are a tenant and occupy only

part of the site at which the "premises"

are located, for the purpose of this

Coverage Extension only, your "premises" is the portion of the building that

you rent, lease or occupy, including:

(a) Any area within the building or on

the site at which the "premises"

are located if that area services or

is used to gain access to the

"premises"; and

(b) Your personal property in the open

(or in a vehicle) within 1,000 feet.

(4) Civil Authority

We will pay for the actual loss of "Busi- ness Income" you sustain and "Extra

Expense" you incur caused by action

of civil authority that prohibits access to

the "premises" due to direct physical

"loss" to property, other than at the

"premises", caused by or resulting from

any Covered Cause of Loss.

This coverage will apply for a period of

up to 30 consecutive days from the

date of that action.

(5) Alterations and New Buildings

We will pay for the actual loss of "Busi- ness Income" you sustain and "Extra

Expense" you incur due to direct

physical "loss" at the "premises"

caused by or resulting from any Cov- ered Cause of Loss to:

(a) New buildings or structures,

whether complete or under con- struction;

(b) Alterations or additions to existing

buildings or structures; and

(c) Machinery, equipment, supplies or

building materials located on or

within 1,000 feet of the "premises"

and:

1) Used in the construction, alterations or additions; or

2) Incidental to the occupancy of

new buildings.

If such direct physical "loss" delays the

start of "operations", the "period of

restoration" for Business Income Cov- erage will begin on the date "operations" would have begun if the direct

physical "loss" had not occurred.

(6) Newly Acquired Locations

We will pay the actual loss of "Business

Income" you sustain and "Extra Ex- pense" you incur due to direct physical

"loss" to Covered Property at any location you acquire caused by or resulting

from a Covered Cause of Loss. This

coverage for the Newly Acquired locations will end when any of the following

first occurs:

(a) This policy expires;

(b) You report values to us;

(c) 90 days pass from the date you

acquire or begin to construct the

Covered Property.

CIC0023

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 24 of 87 PageID #:528
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 18 of 35

(7) Extended Business Income

(a) For "Business Income" Other Than

"Rental Value", if the necessary

"suspension" of your "operations"

produces a "Business Income" or

"Extra Expense" "loss" payable

under this Coverage Part, we will

pay for the actual loss of "Busi- ness Income" you sustain and

"Extra Expense" you incur during

the period that:

1) Begins on the date property

(except "finished stock") is

actually repaired, rebuilt or re- placed and "operations" are

resumed; and

2) Ends on the earlier of:

a) The date you could re- store your "operations",

with reasonable speed, to

the level which would

generate the business in- come amount that would

have existed if no direct

physical "loss" had oc- curred; or

b) 60 consecutive days after

the date determined in

(a)1) above.

However, Extended Business In- come does not apply to loss of

"Business Income" sustained or

"Extra Expense" incurred as a re- sult of unfavorable business con- ditions caused by the impact of the

Covered Cause of Loss in the area

where the "premises" are located.

Loss of "Business Income" must

be caused by direct physical "loss"

at the "premises" caused by or re- sulting from any Covered Cause of

Loss.

(b) For "Rental Value", if the neces- sary "suspension" of your "operations" produces a "Rental Value"

"loss" payable under this Cover- age Part, we will pay for the actual

loss of "Rental Value" you incur

during the period that:

1) Begins on the date property is

actually repaired, rebuilt or re- placed and tenantability is re- stored; and

2) Ends on the earlier of:

a) The date you could re- store tenant occupancy,

with reasonable speed, to

the level which would

generate the "Rental

Value" that would have

existed if no direct physi- cal "loss" had occurred;

or

b) 60 consecutive days after

the date determined in

(b)1) above.

However, Extended Business Income

does not apply to loss of "Rental Value"

incurred as a result of unfavorable

business conditions caused by the im- pact of the Covered Cause of Loss in

the area where the "premises" are lo- cated.

Loss of "Rental Value" must be caused

by direct physical "loss" at the "premises" caused by or resulting from any

Covered Cause of Loss.

(8) Interruption of Computer Operations

(a) Subject to all provisions of this

Coverage Extension, you may

extend the insurance that applies

to Business Income and Extra Ex- pense to apply to a "suspension"

of "operations" caused by an interruption in computer operations due

to destruction or corruption of

"electronic data" as described in

SECTION A. COVERAGE, 5.

Coverage Extensions, d. Electronic Data.

(b) Paragraph (8)(a) does not apply to

"loss" sustained or expense in- curred after the end of the "period

of restoration", even if the amount

of insurance stated in Paragraph

(8)(c) has not been exhausted.

(c) The most we will pay under Para- graph (8) of this Coverage Exten- sion is $2,500 for all "loss" sustained and expense incurred in the

"coverage term", regardless of the

number of interruptions or the

number of "premises" or computer

systems involved. If loss payment

relating to the first interruption

does not exhaust this amount,

then the balance is available for

subsequent interruptions in that

"coverage term". A balance re- maining at the end of a "coverage

term" does not carry over to the

next "coverage term". With respect

to an interruption that begins in a

"coverage term" and continues or

CIC0024

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 25 of 87 PageID #:529
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 19 of 35

results in additional "loss" or ex- pense in a subsequent "coverage

term", all "loss" and expense is

deemed to be sustained in the

"coverage term" in which the interruption began.

This $2,500 coverage for Interruption of Computer Operations does

not increase the Limit of Insurance

provided in this Coverage Exten- sion.

The most we will pay for "loss" under this

"Business Income" and "Extra Expense"

Coverage Extension is $25,000 in any one

occurrence.

c. 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 re- sult that the building or part of the

building cannot be occupied for its

intended purpose.

(b) A building or any part of a building

that is in imminent danger of collapse is not considered to be in a

state of collapse.

(c) A building that is standing or any

part of a building that is standing is

not considered to be in state of

collapse even if it:

1) Has separated from another

part of a building; or

2) Shows evidence of cracking,

bulging, sagging, bending,

leaning, settling, shrinking or

expanding.

(2) We will pay for "loss" to Covered Prop- erty, caused by collapse of a building

or any part of a building insured under

this Coverage Part, if the collapse is

caused by one or more of the following:

(a) "Specified Causes of Loss" and

breakage of building glass as pro- vided under this Coverage Part.

(b) Decay that is hidden from view,

unless the presence of such decay

is known or should reasonably

have been known to an insured

prior to collapse;

(c) Insect or vermin damage that is

hidden from view, unless the pres- ence of such damage is known or

should reasonably have been

known to an insured prior to collapse;

(d) Weight of people or personal

property;

(e) Weight of rain that collects on a

roof;

(f) Use of defective material or meth- ods in construction, remodeling, or

renovation if the collapse occurs

during the course of the construction, remodeling, or renovation.

However, if the collapse occurs

after construction, remodeling, or

renovation is complete and is

caused in part by a cause of loss

listed in (2)(a) through (2)(e) of this

Coverage Extension, we will pay

for "loss" even if the use of defective material or methods, in con- struction, remodeling or renovation, contributes to the collapse.

The criteria set forth in (1)(a) through

(1)(c) of this Coverage Extension do

not limit the coverage otherwise pro- vided for the causes of loss listed in

(2)(a), (2)(d), or (2)(e) of this para- graph.

(3) If the following is Covered Property un- der this Coverage Part:

(a) Outdoor radio or television anten- nas (including satellite dishes) and

their lead-in wiring, masts or tow- ers;

(b) Awnings, gutters and downspouts;

(c) Yard fixtures;

(d) Outdoor swimming pools;

(e) Fences;

(f) Piers, wharves and docks;

(g) Beach or diving platforms; including their appurtenances;

(h) Retaining walls; and

(i) Walks, roadways and other paved

surfaces;

we will pay for "loss" caused by its collapse, if such "loss" is a direct result of

the collapse of a building or structure

insured under this Coverage Part. That

building collapse must be caused by a

cause of loss listed in (2)(b) through

(2)(f) of this Coverage Extension.

(4) If personal property abruptly falls down

or caves in and such collapse is not the

CIC0025

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 26 of 87 PageID #:530
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 20 of 35

result of collapse of a building or

structure, we will pay for "loss" to Cov- ered Property caused by such collapse

of personal property only if:

(a) The collapse was caused by a

cause of loss listed in (2)(a)

through (2)(f) of this Coverage

Extension;

(b) The personal property that collapses is inside a building; and

(c) The property that collapses is not

of a kind listed in (3) of this Cover- age Extension, regardless of

whether that kind of property is

considered to be personal prop- erty or real property.

However, the coverage stated in (4) of

this Coverage Extension does not ap- ply to personal property if marring

and/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, shrinking or

expanding.

(5) This Coverage Extension shall not in- crease the Limits of Insurance provided

in this Coverage Part.

d. Electronic Data

(1) We will pay for the cost to replace or

restore "electronic data" which has

been destroyed or corrupted by a Cov- ered Cause of Loss that applies to

SECTION A. COVERAGE, 1. Covered

Property, d. Business Personal

Property. To the extent that "electronic data" is not replaced or restored,

the "loss" will be valued at the cost of

replacement of the media on which the

"electronic data" was stored with blank

media of substantially identical type.

(2) For this Coverage Extension only,

Covered Causes of Loss include a virus, harmful code or similar instruction

introduced into or enacted on a com- puter system (including "electronic

data") or a network to which it is con- nected, that is designed to damage or

destroy any part of the system or disrupt its normal operation. However,

there is no coverage for "loss" caused

by or resulting from manipulation of a

computer system (including "electronic

data") by any employee, including a

temporary or leased employee, or by

an entity retained by you or for you to

inspect, design, install, modify, maintain, repair or replace that system or

"electronic data".

(3) The most we will pay under this Cover- age Extension is $2,500 for all "loss"

sustained in the "coverage term", re- gardless of the number of occurrences

of "loss" or the number of "premises" or

computer systems involved. If loss

payment on the first occurrence does

not exhaust this amount, then the bal- ance is available for subsequent "loss"

sustained in the "coverage term". A

balance remaining in a "coverage term"

does not carry over to the next "cover- age term". With respect to an occurrence which begins in the "coverage

term" and continues or results in additional "loss" in a subsequent "coverage

term", all "loss" is deemed to be sustained in the "coverage term" in which

the occurrence began.

e. Fairs or Exhibitions

You may extend the insurance provided by

this Coverage Part to apply to "loss" to your

Covered Property, including covered prop- erty of others, while it is located at fairs or

exhibitions. This Coverage Extension does

not apply while Covered Property is in tran- sit to or from the fair or exhibition.

The most we will pay for "loss" under this

Coverage Extension is $10,000 in any one

occurrence.

The Limit of Insurance provided under this

Coverage Extension does not apply per lo- cation.

f. Fences

You may extend the insurance provided for

Buildings to apply to "loss" to outdoor

fences for which a Limit of Insurance is not

shown in the Declarations that are located

within 1,000 feet of the "premises". The

most we will pay for "loss" under this Cov- erage Extension is $5,000 in any one oc- currence.

g. Fungi, Wet Rot, Dry Rot, and Bacteria

- Limited Coverage

(1) The coverage described in g.(2) and

g.(3) only applies when the "fungi", wet

or dry rot or bacteria is the result of a

Covered Cause of Loss that occurs

during the "coverage term" 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.

CIC0026

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 27 of 87 PageID #:531
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 21 of 35

(2) We will pay for "loss" by "fungi", wet or

dry rot or bacteria. As used in this

Coverage Extension, the term "loss"

means:

(a) Direct physical "loss" to Covered

Property caused by "fungi", wet or

dry rot or bacteria, including the

cost of removal of the "fungi", wet

or dry rot or bacteria;

(b) The cost to tear out and replace

any part of the building or other

property as needed to gain access

to the "fungi", wet or dry rot or

bacteria; and

(c) The cost of testing performed after

removal, repair, replacement or

restoration of the damaged prop- erty is completed, provided there is

a reason to believe that "fungi",

wet or dry rot or bacteria are pres- ent.

(3) The coverage described under g.(2) of

this Coverage Extension is limited to

$15,000. Regardless of the number of

claims, this limit is the most we will pay

for the total of all "loss" arising out of all

occurrences that take place in the

"coverage term". With respect to a

particular occurrence of "loss" which

results in "fungi", wet or dry rot or bacteria, we will not pay more than a total

of $15,000 even if the "fungi", wet or

dry rot or bacteria continues to be pre- sent or active, or recurs, in a subse- quent "coverage term".

(4) The coverage provided under this

Coverage Extension does not increase

the applicable Limit of Insurance on

any Covered Property. If a particular

occurrence results in "loss" by "fungi",

wet or dry rot or bacteria, and other

"loss", we will not pay more, for the total of all "loss" than the applicable Limit

of Insurance on the affected Covered

Property.

If there is covered "loss" to Covered

Property, not caused by "fungi", wet or

dry rot or bacteria, loss payment will

not be limited by the terms of this Cov- erage Extension, except to the extent

that "fungi", wet or dry rot or bacteria

causes an increase in the "loss". Any

such increase in the "loss" will be subject to the terms of this Coverage Extension.

(5) The terms of this Coverage Extension

do not increase or reduce the coverage

provided under:

(a) SECTION A. COVERAGE, 5.

Coverage Extensions, c. Collapse;

(b) SECTION A. COVERAGE, 5.

Coverage Extensions, s. Water,

Other Liquids, Powder or Molten

Material Damage

(6) The following (6)(a) or (6)(b) apply only

if Business Income, Rental Value, or

Extra Expense Coverage applies to the

"premises" and only if the "suspension"

of "operations" satisfies all terms and

conditions of the applicable Business

Income, Rental Value, or Extra Ex- pense Coverage.

(a) If the "loss" which resulted in

"fungi", wet or dry rot or bacteria

does not in itself necessitate a

"suspension" of "operations", but

such "suspension" is necessary

due to "loss" to property caused by

"fungi", wet or dry rot or bacteria,

then our payment under Business

Income and/or Extra Expense is

limited to the amount of "loss"

and/or expense sustained in a period of not more than 30 days.

The days need not be consecutive.

(b) If a covered "suspension" of "op- erations" was caused by "loss"

other than "fungi", wet or dry rot or

bacteria but remediation of "fungi",

wet or dry rot or bacteria prolongs

the "period of restoration", we will

pay for "loss" and/or expense

sustained during the delay (re- gardless of when such a delay oc- curs during the "period of restoration"), but such coverage is limited

to 30 days. The days need not be

consecutive.

h. Glass

(1) If a Covered Cause of Loss occurs to

building glass that is Covered Property,

we will also pay necessary expenses

you incur to:

(a) Put up temporary plates or board

up openings if repair or replace- ment of damaged glass is delayed;

(b) Repair or replace encasing

frames;

(c) Remove or replace obstructions

(except expenses to remove or

replace window displays); and

(d) Repair or replace alarm tapes.

CIC0027

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 28 of 87 PageID #:532
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 22 of 35

(2) If you are a tenant at a covered "premises" and:

(a) The building you occupy is not

Covered Property; and

(b) You are legally liable for physical

"loss" to the building glass in that

building;

we will pay up to $5,000 in any one oc- currence for "loss" to that building

glass, subject to the deductible as de- scribed in SECTION C. DEDUCTIBLE.

(3) For this Coverage Extension, SEC- TION A. COVERAGE, 3. Covered

Causes of Loss, b. Exclusions does

not apply to this Coverage Extension

except as follows:

(a) Exclusion (1)(b) Earth Move- ment;

(b) Exclusion (1)(c) Governmental

Action;

(c) Exclusion (1)(d) Nuclear Hazard;

(d) Exclusion (1)(f) War and Military

Action;

(e) Exclusion (2)(d)1) Wear and tear;

and

(f) As listed in Exclusion (2)(d)2):

Rust or other corrosion, hidden or

latent defect or any quality in

property that causes it to damage

or destroy itself.

i. Newly Acquired or Constructed Prop- erty

(1) Buildings

If this Coverage Part provides cover- age under SECTION A. COVERAGE,

1. Covered Property, a. Building, you

may extend that insurance to apply to

"loss" to:

(a) Your new buildings while being

built on the "premises";

(b) Buildings you newly acquire currently at the "premises"; and

(c) Buildings you acquire at locations,

other than the "premises", intended for:

1) Similar use as the building

described in the Declarations;

or

2) Use as a warehouse.

The most we will pay for "loss" to a

building under this Coverage Extension

is $1,000,000 for each building.

(2) Business Personal Property

(a) If this policy provides coverage

under SECTION A. COVERAGE,

1. Covered Property, d. Busi- ness Personal Property, you may

extend that insurance to apply to

"loss" to:

1) Business personal property,

including such property that

you newly acquire, at any lo- cation you acquire other than

at fairs, trade shows or exhibitions;

2) Business personal property,

including such property that

you newly acquire, located at

your newly constructed or ac- quired buildings at a "premises"; or

3) Business personal property

that you newly acquire pro- vided it was already located at

the "premises" at the time of

acquisition.

(b) This Extension does not apply to:

1) Personal property of others

that is temporarily in your

possession in the course of

installing or performing work

on such property; or

2) Personal property of others

that is temporarily in your

possession in the course of

your manufacturing or whole- saling activities.

The most we will pay for "loss" to your

Business Personal Property under this

Coverage Extension is $500,000 at

each building.

(3) Insurance under this Coverage Exten- sion will end when any of the following

first occurs:

(a) This policy expires.

(b) 90 days pass from the date you

acquire your new building or busi- ness personal property or begin

construction on that part of the

building that would qualify as Cov- ered Property; or

(c) You report values to us.

CIC0028

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 29 of 87 PageID #:533
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 23 of 35

We will charge you additional premium for

values reported from the date construction

begins on that part of the building that

would qualify as Covered Property, or you

acquire the new property.

j. Non-Owned Building Damage

If you are a tenant, you may extend the in- surance provided by this Coverage Part for

Business Personal Property to "loss" that

occurs to the building at a "premises" you

occupy but do not own. Such "loss" must

be caused by theft or attempted theft.

This Coverage Extension applies only if

your lease makes you legally responsible

for that part of the building sustaining "loss".

This Coverage Extension does not apply to:

(1) Glass, including lettering and orna- mentation, and also necessary:

(a) Repair or replacement of encasing

frames or alarm tapes; and

(b) Expenses incurred to board up

openings or remove or replace

obstruction.

(2) Building materials and equipment re- moved from the "premises".

The most we will pay for "loss" under this

Coverage Extension is $25,000 in any one

occurrence.

k. Outdoor Property

You may extend the insurance provided by

this Coverage Part to apply to "loss" to your:

(1) Radio antennas, television antennas or

satellite dishes (including their lead-in

wiring, masts and towers);

(2) Trees, shrubs or plants (other than

"stock" of trees, shrubs or plants); and

(3) If you are a tenant, to your awnings

that are attached to a building you oc- cupy;

including debris removal expense, but only

if caused by or resulting from any of the

following causes of loss if they are included

as Covered Causes of Loss under this

Coverage Part:

(a) Fire;

(b) Lightning;

(c) Explosion;

(d) Riot or Civil Commotion;

(e) Aircraft; or

(f) Falling objects.

The most we will pay for "loss" under this

Coverage Extension is $5,000 in any one

occurrence, but not more than $1,000 for

any one tree, shrub or plant.

l. Personal Effects

You may extend the insurance that applies

to your Business Personal Property to apply

to "loss" to:

Personal effects owned by:

(1) You, your officers, or your partners, or

if you are a limited liability company,

your members or your managers; or

(2) Your employees (including temporary

and leased employees), including tools

owned by your employees that are

used in your business. However, em- ployee tools are not covered for theft.

This Coverage Extension does not apply to

"money" or "securities".

If theft is included as a Covered Cause of

Loss under this Coverage Part, then this

Coverage Extension has a $500 per occurrence limitation for "loss" by theft.

The most we will pay for "loss" under this

Coverage Extension is $10,000 in any one

occurrence.

m. Property Off Premises

(1) You may extend the insurance pro- vided by this Coverage Part to apply to

"loss" to your Covered Property, in- cluding personal property of others as

described in SECTION A. COVERAGE,

1. Covered Property, d. Business

Personal Property, while it is away

from the "premises", if it is:

(a) Temporarily at a location you do

not own, lease, or operate; or

(b) In storage at a location you lease,

provided the lease was executed

for the first time after the beginning

of the current "coverage term".

(2) This Coverage Extension does not ap- ply to Covered Property at exhibitions

or fairs or in transit.

The most we will pay for "loss" under this

Coverage Extension is $10,000 in any one

occurrence.

The Limit of Insurance provided by this

Coverage Extension does not apply per lo- cation.

CIC0029

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 30 of 87 PageID #:534
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 24 of 35

n. Signs

You may extend the insurance provided by

this Coverage Part, including debris re- moval expense, to apply to "loss" to signs

not otherwise insured by this Coverage

Part.

The most we will pay for "loss" under this

Coverage Extension is $5,000 in any one

occurrence.

The Limit of Insurance provided by this

Coverage Extension does not apply per lo- cation.

o. Trailers (Non-Owned Detached)

(1) You may extend the insurance that ap- plies to your Business Personal Prop- erty to apply to "loss" to trailers that you

do not own, provided that:

(a) The trailer is used in your busi- ness;

(b) The trailer is temporarily in your

care, custody or control at the

"premises"; and

(c) You have a contractual responsi- bility to pay for "loss" to the trailer.

(2) We will not pay for any "loss" that oc- curs:

(a) While the trailer is attached to any

motor vehicle or motorized con- veyance, whether or not the motor

vehicle or motorized conveyance

is in motion;

(b) During hitching or unhitching op- erations, or when a trailer be- comes accidentally unhitched from

a motor vehicle or motorized con- veyance.

(3) This insurance is excess over the

amount due, whether you can collect

on it or not, from any other insurance

covering such property.

(4) This Coverage Extension does not ap- ply to any property inside or on the

trailer.

The most we will pay for "loss" under this

Coverage Extension is $5,000 in any one

occurrence.

p. Transportation

You may extend the insurance provided by

this Coverage Part to apply to "loss" to your

Covered Property, including personal prop- erty of others as described in SECTION A.

COVERAGE, 1. Covered Property, d.

Business Personal Property, while it is in

or on a vehicle, including loading and unloading of the property.

The most we will pay for "loss" under this

Coverage Extension is $10,000 in any one

occurrence.

The Limit of Insurance provided by this

Coverage Extension does not apply per lo- cation.

q. Utility Services

You may extend the insurance provided

under this Coverage Part, including the in- surance provided in SECTION A. COVER- AGE, 5. Coverage Extensions, b. Busi- ness Income and Extra Expense, to apply

to "loss" caused by the partial or complete

suspension of the utility services listed below. The partial or complete suspension of

services must be caused by direct damage

to those services from a Covered Cause of

Loss.

(1) Power Supply Services, meaning the

following types of property supplying

electricity, steam or natural gas to the

"premises":

(a) Utility generating plants;

(b) Switching stations;

(c) Substations;

(d) Transformers; and

(e) Transmission lines, excluding

overhead transmission and distri- bution lines.

(2) Water Supply Services, meaning the

following types of property supplying

water to the "premises":

(a) Pumping stations; and

(b) Water mains.

(3) Communication Supply Services,

meaning property supplying communi- cation services, including telephone,

radio, microwave, or television services

to the "premises", such as:

(a) Communication transmission lines

including fiber optic transmission

lines, excluding overhead trans- mission and distribution lines;

(b) Coaxial cables; and

(c) Microwave radio relays, excluding

satellites.

(4) This Coverage Extension does not ap- ply to "loss" to "electronic data", inCIC0030

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 31 of 87 PageID #:535
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 25 of 35

cluding destruction or corruption of

"electronic data".

The most we will pay for "loss" under this

Coverage Extension is $25,000 in any one

occurrence.

r. Valuable Papers and Records

SECTION C. DEDUCTIBLE does not apply

to this Coverage Extension.

(1) Subject to Paragraph (3) of this Cover- age Extension, we will pay necessary

costs you incur to research, replace or

restore lost or damaged information on

"valuable papers and records" that are

your property or the property of others

in your care, custody or control; resulting from "loss" caused by a Covered

Cause of Loss.

(2) Coverage does not apply to:

(a) Property that cannot be replaced

with other property of like kind and

quality;

(b) Property held as samples or for

delivery after sale;

(c) Property in storage away from the

"premises", except as provided in

(4)(b) of this Coverage Extension;

(d) Contraband, or property in the

course of illegal transportation or

trade;

(e) "Valuable papers and records" in

the form of "electronic data", in- cluding the materials on which the

"electronic data" is recorded.

(3) The most we will pay for "loss" is the

least of the following amounts:

(a) The cost of reasonably restoring

the damaged property to its condition immediately before the "loss";

(b) The cost of replacing the damaged

property with substantially identical

property; or

(c) The actual cash value of the dam- aged property at the time of "loss".

However, we will not pay for "loss" unless or until the damaged property is

actually replaced or restored; and then

only if such replacement or restoration

occurs within 36 months from the date

of "loss".

(4) We will extend coverage to include:

(a) Removal

If you give us written notice within

30 days of removal of your "valu- able papers and records" because

of imminent danger of "loss" from

a Covered Cause of Loss, we will

pay for "loss" while they are:

1) At a safe place away from

your "premises"; or

2) Being taken to and returned

from that place.

This Removal coverage is in- cluded within the Limits of Insur- ance applicable to this Coverage

Extension.

(b) Away From Your Premises

We will pay up to $5,000 in any

one occurrence, regardless of the

number of locations, for "loss"

caused by a Covered Cause of

Loss to "valuable papers and rec- ords" while they are away from

your "premises".

This Away From Premises Limit is

in addition to the Limit of Insurance

applicable to this Coverage Exten- sion.

(5) SECTION A. COVERAGE, 3. Covered

Causes of Loss, b. Exclusions does

not apply to this Coverage Extension

except as follows:

(a) Exclusion (1)(c) Governmental

Action;

(b) Exclusion (1)(d) Nuclear Hazard;

and

(c) Exclusion (1)(f) War and Military

Action.

(6) In addition to Paragraph (5) of this

Coverage Extension, we will not pay for

"loss" resulting from any of the following:

(a) Dishonest or criminal acts by:

1) You, your partners, employ- ees, directors, trustees or

authorized representatives;

2) A manager or a member if you

are a limited liability company;

3) Anyone else with an interest

in the records of accounts re- ceivable, or their employees

or authorized representatives;

or

CIC0031

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 32 of 87 PageID #:536
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 26 of 35

4) Anyone else entrusted with

the records of accounts re- ceivable for any purpose.

This Paragraph (6)(a) applies

whether or not such persons are

acting alone or in collusion with

other persons or such act occurs

during the hours of employment.

However, this Paragraph (6)(a)

does not apply to dishonest acts of

a carrier for hire or to acts of de- struction by your employees.

However, theft by employees is

still not covered.

(b) Errors or omissions in processing

or copying. However, we will pay

for that portion of direct "loss"

caused by resulting fire or explo- sion if these causes of loss would

be covered by this Coverage Part.

(c) Electrical or magnetic injury, disturbance or erasure of electronic

recordings. But we will pay for

"loss" caused by lightning.

(d) Voluntary parting with any property

by you or anyone entrusted with

the property if induced to do so by

any fraudulent scheme, trick, de- vice or false pretense.

The most we will pay for "loss" under this

Coverage Extension is $25,000 in any one

occurrence.

s. Water, Other Liquids, Powder or Molten Material Damage

(1) If a covered "loss" to which this insur- ance applies was caused by or re- sulted from water or other liquid, pow- der or molten material damage, we will

also pay the cost to tear out and re- place any part of the building or structure to repair damage to the system or

appliance from which the water or other

substance escapes.

(2) We will not pay the cost to repair any

defect to a system or appliance from

which water, other liquid, powder or

molten material escapes. But we will

pay the cost to repair or replace dam- aged parts of fire extinguishing equip- ment if the damage:

(a) Results in discharge of any sub- stance from an automatic fire protection system; or

(b) Is directly caused by freezing.

However, this Paragraph s.(2) does not

apply to Business Income coverage or

to Extra Expense coverage.

SECTION B. LIMITS OF INSURANCE

The most we will pay for "loss" in any one occurrence is the applicable Limit of Insurance shown in

the Declarations, except as amended in SECTION A.

COVERAGE:

1. 3. Covered Causes of Loss, c. Limitations.

2. 4. Additional Coverages, and

3. 5. Coverage Extensions.

SECTION C. DEDUCTIBLE

Except as otherwise provided, in any one occurrence of "loss", we will first reduce the amount of

"loss" if required by SECTION E. ADDITIONAL

CONDITIONS, 1. Coinsurance or F. OPTIONAL

COVERAGES, 1. Agreed Value. If the adjusted

amount of "loss" is less than or equal to the Deducti- ble, we will not pay for that "loss". If the adjusted

amount of "loss" exceeds the Deductible, we will

then subtract the Deductible from the adjusted

amount of "loss", and will pay the resulting amount or

the Limit of Insurance, whichever is less.

When the occurrence involves "loss" to more than

one item of Covered Property and separate Limits of

Insurance apply, the losses will not be combined in

determining application of the Deductible. But the

Deductible will be applied only once per occurrence.

1. Deductible Examples

Example No. 1:

(This example assumes there is no coinsurance

penalty as outlined in SECTION E. ADDI- TIONAL CONDITIONS, 1. Coinsurance).

Deductible: $250

Limit of Insurance - Bldg. 1: $60,000

Limit of Insurance - Bldg. 2: $80,000

"Loss" to Bldg. 1: $60,100

"Loss" to Bldg. 2: $90,000

The amount of "loss" to Bldg. 1 ($60,100) is less

than the sum ($60,250) of the Limit of Insurance

applicable to Bldg. 1 plus the Deductible.

The Deductible will be subtracted from the

amount of "loss" in calculating the "loss" payable

for Bldg. 1:

$60,100 - $250 = $59,850 "Loss" Payable -

Bldg. 1

The Deductible applies once per occurrence

and therefore is not subtracted in determining

the amount of "loss" payable for Bldg. 2. "Loss"

payable for Bldg. 2 is the Limit of Insurance of

$80,000.

CIC0032

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 33 of 87 PageID #:537
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 27 of 35

Total amount of "loss" payable: $59,850 +

80,000 = $139,850.

Example No. 2:

(This example also assumes there is no coinsurance

penalty).

The Deductible and Limits of Insurance are the same

as those in Example No. 1:

"Loss" to Bldg. 1: $70,000

(Exceeds Limit of Insurance plus Deductible)

"Loss" to Bldg. 2: $90,000

(Exceeds Limit of Insurance plus Deductible)

"Loss" Payable - Bldg. 1: $60,000

(Limit of Insurance)

"Loss" Payable - Bldg. 2: $80,000

(Limit of Insurance)

Total amount of "loss" payable: $140,000.

2. Glass Deductible

When "loss" to Covered Property only involves

building glass, the Deductible for that "loss" will

be the lesser of:

a. $500; or

b. The Deductible shown in the Declarationsfor that Covered Property.

SECTION D. LOSS CONDITIONS

The following conditions apply in addition to the

COMMON POLICY CONDITIONS and the COM- MERCIAL PROPERTY CONDITIONS.

1. Abandonment

There can be no abandonment of any property

to us.

2. Appraisal

If we and you disagree on the value of the prop- erty, the amount of Net Income and operating

expense, or the amount of "loss", either may

make written demand for an appraisal of the

"loss". In this event, each party will select a

competent and impartial appraiser. The two ap- praisers will select an umpire. If they cannot

agree, either may request that selection be

made by a judge of a court having jurisdiction.

The appraisers will state separately the value of

the property, the amount of Net Income and op- erating expense, and amount of "loss". If they

fail to agree, they will submit their differences to

the umpire. A decision agreed to by any two will

be binding. Each party will:

a. Pay its chosen appraiser; and

b. Bear the other expenses of the appraisal

and umpire equally.

If there is an appraisal, we still retain our right to

deny the claim.

3. Duties In The Event of Loss or Dam- age

a. In the event of "loss" to Covered Property,

you must see that the following are done in

order for coverage to apply:

(1) Notify the police if a law may have

been broken.

(2) Give us prompt notice of the "loss". In- clude a description of the property in- volved.

(3) As soon as possible, give us a description of how, when and where the "loss"

occurred.

(4) Take all reasonable steps to protect

the Covered Property from further

damage. If feasible, set the damaged

property aside and in the best possible

order for examination. Keep a record

of your expenses necessary to protect

the Covered Property for consideration

in the settlement of the claim. This will

not increase your limit of insurance.

However, in no event will we pay for

any subsequent "loss" resulting from a

cause of loss that is not a Covered

Cause of Loss.

(5) At our request, give us complete in- ventories of the damaged and undam- aged property. Include quantities,

costs, values and amount of "loss"

claimed.

(6) As often as may be reasonably re- quired, permit us to inspect the prop- erty proving the "loss" and examine

your books and records.

Also permit us to take samples of dam- aged and undamaged property for in- spection, testing and analysis and

permit us to make copies from your

books and records.

(7) Submit a signed sworn proof of loss

containing the information we request

to investigate the claim. You must do

this within 60 days after our request.

We will supply you with the necessary

forms.

(8) Cooperate with us in the investigation

or settlement of the claim.

CIC0033

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 34 of 87 PageID #:538
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 28 of 35

(9) If you intend to continue your business,

you must resume all or part of your

"operations" as quickly as possible.

b. We may examine any insured under oath,

while not in the presence of any other in- sured and at such times as may be rea- sonably required about any matter relating

to this insurance or the claim, including an

insured's books and records. In the event

of an examination, an insured's answers

must be signed.

4. Loss Payment

a. In the event of "loss" insured by this Cover- age Part, at our option, we will either:

(1) Pay the value of lost or damaged prop- erty;

(2) Pay the cost of repairing or replacing

the lost or damaged property;

(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.

We will determine the value of lost or dam- aged property, or the cost of its repair or re- placement, in accordance with the applica- ble terms of SECTION D. LOSS CONDI- TIONS, 7. Valuation or any applicable pro- vision that amends or supercedes this

valuation condition.

b. The cost of repair or replacement does not

include the increased cost attributable to

enforcement of any ordinance or law regulating the construction, use or repair of any

property, except as provided in SECTION

A. COVERAGE, 4. Additional Coverages,

g. Ordinance or Law.

c. We will give notice of our intentions within

30 days after we receive the sworn proof of

loss.

d. We will not pay you more than your financial

interest in the Covered Property.

e. We may adjust "losses" with the owners of

lost or damaged property if other than you.

If we pay the owners, such payments will

satisfy your claims against us for the own- ers' property. We will not pay the owners

more than their financial interest in the Cov- ered Property.

f. Our payment for "loss" to personal property

of others and personal effects will only be

for the account of the owner of the property.

g. We may elect to defend you against suits

arising from claims of owners of property.

We will do this at our expense.

h. We will pay for insured "loss" within 30 days

after we receive the sworn proof of loss if

you have complied with all of the terms of

this Coverage Part; and

(1) We have reached agreement with you

on the amount of "loss"; or

(2) An appraisal award has been made.

i. Loss Payment - Ordinance or Law.

With respect to SECTION A. COVERAGE,

4. Additional Coverages, g. Ordinance or

Law:

(1) "Loss" to the building, including loss in

value of the undamaged portion of the

building due to enforcement of an ordi- nance or law, will be determined as

follows:

(a) If the Replacement Cost option is

indicated in the Declarations and

the property is repaired or re- placed, on the same "premises" or

another premises; we will not pay

more than the amount you actually

spend to repair, rebuild or recon- struct the building, but not for more

than the amount it would cost to

restore the building on the same

"premises" and to the same

height, floor area, style and com- parable quality of the original

property insured; or

(b) If the Replacement Cost option is

shown in the Declarations and the

property is not repaired or re- placed, or if the Replacement Cost

Coverage Option does not apply,

we will not pay more than the actual cash value of the building at

the time of "loss".

(2) For Demolition Cost, we will not pay

more than the amount you actually

spend to demolish and clear the site of

the "premises".

(3) With respect to the Increased Cost of

Construction:

(a) We will not pay for the increased

cost of construction until the prop- erty is actually repaired or re- placed, at the same "premises" or

another premises; and unless the

repairs or replacement are made

as soon as reasonably possible

after the "loss", not to exceed two

years.

CIC0034

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 35 of 87 PageID #:539
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 29 of 35

(b) If the building is repaired or re- placed at the same "premises", or

if you elect to rebuild at another

premises, the most we will pay for

the increased cost of construction

is the increased cost of construction at the same "premises".

(c) If the ordinance or law requires

relocation to another premises, the

most we will pay for the increased

cost of construction is the in- creased cost of construction at the

new premises.

j. Loss Determination - Business Income and

Extra Expense

With respect to SECTION A. COVERAGE,

5. Coverage Extensions, b. Business In- come and Extra Expense,

(1) The amount of "Business Income" and

"Rental Value" "loss" will be deter- mined based on:

(a) The Net Income of the business

before the direct physical "loss"

occurred;

(b) The likely Net Income of the busi- ness if no physical "loss" had oc- curred, but not including any Net

Income that would likely have

been earned as a result of an in- crease in the volume of business

due to favorable business conditions caused by the impact of the

Covered Cause of Loss on customers or on other businesses;

(c) The operating expenses, including

payroll expenses, necessary to re- sume "operations" with the same

quality of service that existed just

before the direct physical "loss";

and

(d) Other relevant sources of information, including;

1) Your financial records and ac- counting procedures;

2) Bills, invoices and other

vouchers; and

3) Deeds, liens or contracts.

(2) The amount of "Extra Expense" will be

determined based on:

(a) All expenses that exceed the nor- mal operating expenses that would

have been incurred by "operations" during the "period of restoration" if no direct physical "loss"

had occurred. We will deduct from

the total of such expenses:

1) The salvage value that re- mains of any property bought

for temporary use during the

"period of restoration", once

"operations" are resumed;

and

2) Any "Extra Expense" that is

paid for by other insurance,

except for insurance that is

written subject to the same

plan, terms, conditions and

provisions as this insurance;

and

(b) Necessary expenses that reduce

the "Business Income" and "Rental

Value" "loss" that otherwise would

have been incurred.

(3) Resumption of Operations

We will reduce the amount of your:

(a) "Business Income" and "Rental

Value" "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

"premises" or elsewhere.

(b) "Extra Expense" "loss" to the extent you can return "operations" to

normal and discontinue such "Extra Expense".

(4) 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 pos- sible.

5. Recovered Property

If either you or we recover any property after

loss settlement, that party must give the other

prompt notice. At your option, the property will

be returned to you. You must then return to us

the amount we paid to you for the property. We

will pay recovery expenses and the expenses to

repair the recovered property, subject to the

Limit of Insurance.

6. Vacancy

a. Description of Terms

(1) As used in this Vacancy Condition, the

term building and the term vacant have

the meanings set forth in (1)(a) and

(1)(b) below:

CIC0035

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 36 of 87 PageID #:540
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 30 of 35

(a) When this Coverage Part 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 Coverage Part 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:

1) Rented to a lessee or sublessee and used by them to

conduct their customary op- erations; or

2) Used by the building owner to

conduct customary operations.

(2) Buildings under construction or reno- vation are not considered vacant.

b. Vacancy Provisions

If the building where "loss" occurs has been

vacant for more than 60 consecutive days

before that "loss", we will:

(1) Not pay for any "loss" caused by any of

the following, even if they are Covered

Causes of Loss:

(a) Vandalism;

(b) Sprinkler leakage, unless you

have protected the system against

freezing;

(c) Building glass breakage;

(d) Water damage;

(e) Theft; or

(f) Attempted theft.

(2) Reduce the amount we would other- wise pay for the "loss" by 15% with re- spect to Covered Causes of Loss other

than those listed in b.(1)(a) through

b.(1)(f) of this Loss Condition.

7. Valuation

We will determine the value of Covered Property

in the event of "loss" as follows:

a. At "Actual Cash Value" as of the time of

"loss", except as provided in b., c., d., and

e. below.

b. If the Limit of Insurance for Building satisfies

SECTION E. ADDITIONAL CONDITIONS,

1. Coinsurance, and the cost to repair or

replace the damaged building property is

$2,500 or less, we will pay the cost of

building repairs or replacement.

The cost of building repairs or replacement

does not include the increased cost attrib- utable to enforcement of any ordinance or

law regulating the construction, use or re- pair of any property. However, the following

property will be valued at actual cash value

even when attached to the building:

(1) Awnings or floor coverings;

(2) Appliances for refrigerating, ventilating,

cooking, dishwashing or laundering; or

(3) Outdoor equipment or furniture.

c. "Stock" you have sold but not delivered at

the selling price less discounts and ex- penses you otherwise would have had.

d. Glass at the cost of replacement with safety

glazing material if required by law.

e. Tenant's Improvements and Betterments at:

(1) "Actual Cash Value" of the lost or dam- aged property if you make repairs

promptly.

(2) A proportion of your original cost if you

do not make repairs promptly. We will

determine the proportionate value as

follows:

(a) Multiply the original cost by the

number of days from the "loss" or

damage to the expiration of the

lease; and

(b) Divide the amount determined in

(a) above by the number of days

from the installation of improve- ments to the expiration of the

lease.

If your lease contains a renewal option,

the expiration of the renewal option period will replace the expiration of the

lease in this procedure.

(3) Nothing if others pay for repairs or re- placement.

(4) For the purposes of valuation, tenants'

improvements and betterments are not

considered to be the personal property

of others.

CIC0036

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 37 of 87 PageID #:541
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 31 of 35

SECTION E. ADDITIONAL CONDITIONS

The following conditions apply in addition to the

COMMON POLICY CONDITIONS and the COM- MERCIAL PROPERTY CONDITIONS.

1. Coinsurance

If a Coinsurance percentage is shown in the

Declarations, the following condition applies.

a. We will not pay the full amount of any "loss"

if the value of Covered Property at the time

of "loss" times the Coinsurance percentage

shown for it in the Declarations is greater

than the Limit of Insurance for the property.

Instead, we will determine the most we will

pay using the following steps:

(1) Multiply the value of Covered Property

at the time of "loss" by the Coinsurance

percentage;

(2) Divide the Limit of Insurance of the

property by the figure determined in

step (1);

(3) Multiply to the total amount of "loss",

before the application of any deducti- ble, by the figure determined in step

(2); and

(4) Subtract the deductible from the figure

determined in step (3).

We will pay the amount determined in step

(4) or the Limit of Insurance, whichever is

less. For the remainder, you will either

have to rely on other insurance or absorb

the "loss" yourself.

Example No. 1 (Underinsurance):

The value of the property is: $250,000

The coinsurance percentage is: 80%

The Limit of Insurance is: $100,000

The Deductible is: $250

The amount of "loss" is: $40,000

Step (1):

$250,000 X 80% = $200,000 (the

minimum amount of insurance to

meet your Coinsurance requirements)

Step (2):

$100,000 : $200,000 = .50

Step (3):

$40,000 X .50 = $20,000

Step (4):

$20,000 - $250 = $19,750.

We will pay no more than $19,750. The re- maining $20,250 is not covered.

Example No. 2 (Adequate Insurance):

The value of the property is: $250,000

The coinsurance percentage is: 80%

The Limit of Insurance is: $200,000

The Deductible is: $250

The amount of "loss" is: $40,000

Step (1):

$250,000 X 80% = $200,000 (the

minimum amount of insurance to meet

your Coinsurance requirements)

Step (2):

$200,000 : $200,000 = 1.00

Step (3):

$40,000 X 1.00 = $40,000

Step (4):

$40,000 - $250 = $39,750.

We will pay no more than $39,750 "loss" in

excess of the Deductible. No penalty ap- plies.

b. If one Limit of Insurance applies to two or

more separate items, this condition will ap- ply to the total of all property to which the

limit applies.

Example No. 3:

The values of the property are:

Bldg. at Location No. 1: $75,000

Bldg. at Location No. 2: $100,000

Personal Property at

Location No. 2: $75,000

250,000

The coinsurance percentage is: 90%

The Limit of Insurance for

Buildings and Personal

Property at Location

Nos. 1 and 2 is: $180,000

The Deductible is: $1,000

The amount of "loss" is:

Bldg. at Location No. 2: $30,000

Personal Property at

Location No. 2: $20,000

$50,000

Step (1):

$250,000 X 90% = $225,000

(the minimum amount of insurance to

meet your Coinsurance requirements

and to avoid the penalty shown below)

Step (2):

$180,000 : $225,000 = .80

CIC0037

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 38 of 87 PageID #:542
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 32 of 35

Step (3):

$50,000 X .80 = $40,000

Step (4):

$40,000 - $1,000 = $39,000.

We will pay no more than $39,000. The

remaining $11,000 is not covered.

2. Mortgage Holders

a. The term "mortgage holder" includes trustee.

b. We will pay for covered "loss" 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 re- ceive 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 Coverage Part, the mort- gage holder will still have the right to re- ceive loss payment if the mortgage holder:

(1) Pays any premium due under this

Coverage Part 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 to do so;

and

(3) Has notified us of any change in own- ership, occupancy or substantial

change in risk known to the mortgage

holder.

All of the terms of this Coverage Part will

then apply directly to the mortgage holder.

e. If we pay the mortgage holder for any "loss"

and deny payment to you because of your

acts or because you have failed to comply

with the terms of this Coverage Part:

(1) The 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 right to recover

the full amount of the mortgage

holder's claim will not be impaired.

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 mort- gage debt to us.

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 ten days before the expiration date of

this policy.

SECTION F. OPTIONAL COVERAGES

If shown as applicable in the Declarations, the following Optional Coverages apply separately to each

item.

1. Agreed Value

a. The Additional Condition, Coinsurance,

does not apply to Covered Property to

which this Optional Coverage applies. We

will pay no more for "loss" to that property

than the proportion that the Limit of Insur- ance under this Coverage Part for the

property bears to the Agreed Value shown

for it in the Declarations.

b. If the Agreed Value Optional Coverage is

deleted from the policy, the Additional Con- dition, Coinsurance, is reinstated and this

Optional Coverage does not apply.

c. The terms of this Optional Coverage apply

only to "loss" that occurs:

(1) On or after the effective date of this

Optional Coverage; and

(2) Before the policy expiration date.

d. This Agreed Value Optional Coverage does

not apply to SECTION A. COVERAGE, 5.

Coverage Extensions, b. Business In- come and Extra Expense.

2. Inflation Guard

a. The Limit of Insurance for property to which

this Optional Coverage applies will auto- matically increase by the annual percent- age shown in the Declarations.

b. The amount of increase will be:

(1) The Limit of Insurance that applied on

the most recent of the Coverage Part

inception date, the Coverage Part an- niversary date, or any other Coverage

Part change amending the Limit of In- surance, multiplied by

(2) The percentage of annual increase

shown in the Declarations, expressed

CIC0038

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 39 of 87 PageID #:543
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 33 of 35

as a decimal (example: 8% is .08),

multiplied by

(3) The number of days since the begin- ning of the current "coverage term" or

the effective date of the most recent

policy change amending the Limit of

Insurance, divided by 365.

Example:

If: The applicable Limit of Insurance

is: $100,000

The Annual percentage increase

is: 8%

The number of days since the be- ginning of the policy year (or last

policy change) is: 146

The amount of increase is

$100,000 X .08 X 146 : 365 =

$3,200

3. Replacement Cost

a. Replacement Cost (without deduction for

depreciation) replaces "Actual Cash Value"

in SECTION D. LOSS CONDITIONS, 7.

Valuation of this BUILDING AND PER- SONAL PROPERTY COVERAGE FORM. b. This Optional Coverage does not apply to:

(1) Personal Property of others, except

leased personal property as described

in SECTION A. COVERAGE, 1. Cov- ered Property, d.(7). The valuation of

such leased personal property will be

based on the amount for which you are

liable under the lease, but not to ex- ceed the replacement cost of the

leased item.

(2) Personal effects;

(3) Contents of a residence;

(4) Manuscripts;

(5) Works of art, antiques or rare articles,

including etchings, pictures, statuary,

marbles, bronzes, porcelains and brica-brac;

(6) "Stock" unless the Replacement Cost

including "Stock" option is shown in the

Declarations; or

(7) Property, that at the time of "loss":

(a) Is outdated, or obsolete and is

stored or not being used; or

(b) Has no practical value to you.

c. You may make a claim for "loss" covered by

this insurance on an "Actual Cash Value"

basis instead of on a replacement cost ba- sis. In the event you elect to have "loss"

settled on an "Actual Cash Value" basis,

you may still make a claim for the additional

coverage this Optional Coverage provides if

you notify us of your intent to do so within

180 days after the "loss".

d. We will not pay on a replacement cost basis

for any "loss":

(1) Until the lost or damaged property is

actually repaired or replaced with other

property of generally the same con- struction and used for the same pur- pose as the lost or damaged property;

and

(2) Unless the repairs or replacement have

been completed or at least underway

within 2 years following the date of

"loss".

e. We will not pay more for "loss" on a re- placement cost basis than the least of:

(1) The Limit of Insurance applicable to the

lost or damaged property;

(2) The cost to replace, on the same

"premises", the lost or damaged prop- erty with other property:

(a) Of comparable material and quality; and

(b) Used for the same purpose; or

(3) The amount you actually spend that is

necessary to repair or replace the lost

or damaged property.

f. The cost of repair or replacement does not

include the increased cost attributable to

enforcement of any ordinance or law regulating the construction, use, or repair of any

building or structure except as provided in

SECTION A. COVERAGE, 4. Additional

Coverages, g. Ordinance or Law.

SECTION G. DEFINITIONS

1. "Actual Cash Value" means replacement cost

less a deduction that reflects depreciation, age,

condition and obsolescence.

2. "Business Income" means the:

a. Net Income (net profit or loss before income

taxes) that would have been earned or in- curred; and

b. Continuing normal operating expenses in- curred, including payroll.

3. "Computer programs" means a set of related

electronic instructions which direct the operations and functions of a computer or device

CIC0039

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 40 of 87 PageID #:544
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 34 of 35

connected to it, which enable the computer or

device to receive, process, store, retrieve or

send data.

4. "Coverage term" means the following individual

increment, or if a multi-year policy period, incre- ments, of time, which comprise the policy period

of this Coverage Part:

a. The year commencing on the Effective Date

of this Coverage Part at 12:01 A.M. stan- dard time at your mailing address shown in

the Declarations, and if a multi-year policy

period, each consecutive annual period

thereafter, or portion thereof if any period is

for a period of less than 12 months, constitute individual "coverage terms". The last

"coverage term" ends at 12:00 A.M. stan- dard time at your mailing address shown in

the Declarations on the earlier of:

(1) The day the policy period shown in the

Declarations ends; or

(2) The day the policy to which this Cover- age Part is attached is terminated or

cancelled.

b. However, if after the issuance of this Cover- age Part, any "coverage term" is extended

for an additional period of less than 12

months, that additional period of time will be

deemed to be part of the last preceding

"coverage term".

5. "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.

6. "Extra Expense" means necessary expenses

you incur during the "period of restoration" that

you would not have incurred if there had been

no direct physical "loss" to property caused by

or resulting from a Covered Cause of Loss.

7. "Finished Stock" means "stock" you have

manufactured, except "stock" you have manufactured that is held for sale on the "premises" of

any retail outlet insured under this Coverage

Part.

8. "Fungi" means any type or form of fungus, and

includes, but is not limited to, any form or type of

mold, mushroom or mildew and any mycotoxins,

spores, scents or byproducts produced or released by fungi.

9. "Loss" means accidental loss or damage.

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:

a. Your business activities occurring at the

"premises"; and

b. The tenantability of the "premises", if cover- age for "Business Income" including "Rental

Value" or "Rental Value" applies.

12. "Period of Restoration" means the period of

time that:

a. Begins at the time of direct physical "loss".

b. Ends on the earlier of:

(1) The date when the property at the

"premises" should be repaired, rebuilt

or replaced with reasonable speed and

similar quality; or

(2) The date when business is resumed at

a new permanent location.

c. "Period of restoration" does not include any

increased period required due to the enforcement of any ordinance or law that:

(1) Regulates the construction, use or re- pair, or requires the tearing down of

any property; or

(2) 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".

d. The expiration date of the policy will not cut

short the "period of restoration".

13. "Pollutants" means any solid, liquid, gaseous

or thermal irritant or contaminant, including

smoke, vapor, soot, fumes, acids, alkalis,

chemicals, petroleum and petroleum byproducts, and waste. Waste includes materials

to be recycled, reconditioned or reclaimed.

"Pollutants" include but are not limited to sub- stances which are generally recognized in in- dustry or government to be harmful or toxic to

persons, property, or the environment regardless of whether injury or damage is caused directly or indirectly by the "pollutants" and

whether:

a. You are regularly or otherwise engaged in

activities which taint or degrade the environment; or

b. You use, generate or produce the "pollut- ant".

CIC0040

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 41 of 87 PageID #:545
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

FM 101 04 04 permission of American Association of Insurance Services, Inc. Page 35 of 35

14. "Premises" means the Location of Premises

described in the Declarations.

15. "Rental Value" means "Business Income" that

consists of :

a. Net Income (Net Profit or Loss before in- come taxes) that would have been earned

or incurred as rental income from tenant

occupancy of the "premises" described in

the Declarations as furnished and equipped

by you, including fair rental value of any

portion of the "premises" which is occupied

by you; and

b. Continuing normal operating expenses in- curred in connection with that "premises",

including:

(1) Payroll; and

(2) The amount of charges, which are the

legal obligation of the tenant(s) but

would otherwise be your obligations.

16. "Securities" means negotiable and nonnegotiable instruments or contracts representing either "money" or other property and in- cludes:

a. Tokens, tickets, revenue and other 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". Lottery tickets

held for sale are not "securities" or evidences of

debt.

17. "Sinkhole collapse" means the sudden settle- ment or collapse of earth supporting the Cov- ered Property into subterranean voids created

by the action of water on a limestone or similar

rock formation. This does not include:

a. The cost of filling sinkholes;

b. Sinking or collapse of land into man-made

subterranean cavities; or

c. The value of the land.

18. "Specified Causes of Loss" means fire; light- ning; explosion; windstorm or hail; smoke; air- craft 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 dam- age.

a. Falling objects does not include "loss" 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.

b. Water damage means accidental discharge

or leakage of water or steam as the direct

result of the breaking apart or cracking of

any part of a system or appliance (other

than a sump system including its related

equipment and parts) containing water or

steam.

19. "Stock" means merchandise held in storage or

for sale, raw materials and in-process or finished

goods, including supplies used in their packing

or shipping.

20. "Suspension" means:

a. The slowdown or cessation of your busi- ness activities; and

b. That a part or all of the "premises" is ren- dered untenantable.

21. "Valuable Papers and Records" means in- scribed, printed or written documents, manu- scripts or records, including abstracts, books,

card index systems, deeds, drawings, films,

maps, mortgages, or proprietary information.

But "valuable papers and records" does not

mean "money" or "securities" or "electronic

data", including the materials on which the

"electronic data" is recorded.

CIC0041

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 42 of 87 PageID #:546
FCP 405 01 11 Page 1 of 2

CinciPlus®

CinciPakTM

MEDICAL / DENTAL OFFICE 

PROPERTY XC+® (EXPANDED COVERAGE PLUS)

ENDORSEMENT

SUMMARY OF COVERAGE LIMITS

This is a summary of the Coverages and the Limits of Insurance provided by the CinciPlus

®

 CinciPakTM Medical 

/ Dental Office Property XC+®(Expanded Coverage Plus) Endorsement, FCP 217, in combination with the

Commercial Property Coverage Form, FM 101, and Business Income (And Extra Expense) Coverage Form,

FA 213, which are included in this policy. No coverage is provided by this summary. Refer to endorsement 

FCP 217 and the Commercial Property Coverage Form, FM 101, or Business Income (And Extra Expense) 

Coverage Form, FA 213 to determine the scope of your insurance protection.

Blanket Coverage Limit:

$ in total for all loss arising

Blanket Coverages:

from all Blanket Coverages arising from a

single occurrence, except as noted otherwise

in the form.

Page No.

FCP217

Accounts Receivable 1

Debris Removal 5

Electronic Data Processing Property (EDP): 1

Duplicate and Backup Electronic Data 2

Newly Acquired EDP 2

In Transit or Away From Premises 3

Worldwide Laptop Coverage 3

Ordinance or Law (Increased Construction

Costs and Demolition)

4

Peak Season 5

Personal Property of Others 5

Tenant Move Back Expenses 4

Valuable Papers and Records 4

Water Backup from Sewers, Drains or Sump

Pumps

9

Other Coverages

(not subject to Blanket Coverage Limit):

Limit of Insurance: Page No.

FCP217

Brands and Labels $25,000 7

Business Income and Extra Expense:

Interruption of Computer Operations $25,000 (sub-limit, subject to a 24 hour 

deductible)

1

150,000

CIC0042

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 43 of 87 PageID #:547
FCP 405 01 11 Page 2 of 2

Other Coverages

(not subject to Blanket Coverage Limit):

Limit of Insurance: Page No.

FCP217

Inflation Guard 4% on all Building Property referenced in the 

Declarations

7

Lessor's Leasehold Interest Actual loss sustained up to $25,000 8

Limitation - Personal Property Theft: 8

Furs, fur garments and garments trimmed with

fur

$2,500 8

Jewelry, watches, watch movements, jewels, pearls and precious and semi-precious stones.$5,000 (Limitation not applicable to watches

and jewelry worth $500 or less per item.)

8

Bullion, gold, silver, platinum and other 

precious alloys or metals

$25,000 8

Patterns, dies, molds and forms $2,500 8

Non-Owned Building Damage: 7

Loss caused by theft, burglary or robbery Up to the Business Personal Property (BPP) 

Limit of Insurance

7

Loss by any other Covered Cause of Loss $25,000 or the BPP Limit of Insurance

(whichever is less)

7

Ordinance or Law (other than Increased

Construction Costs and Demolition)

Subject to the Building Limit of Insurance 4

Ordinance or Law - Increased Period of 

Restoration

$50,000 9

Outdoor Property $25,000 ($1,000 for any one tree, shrub or 

plant)

4

Temperature Change $50,000 5

Unauthorized Business Card Use $5,000 8

CIC0043

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 44 of 87 PageID #:548
Includes copyrighted material of Insurance

FCP 201 01 11 Services Office, Inc. with its permission. Page 1 of 6

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPakTM

COMMERCIAL PROPERTY AMENDATORY ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

I. SECTION A. COVERAGE, Paragraph 2. 

Property Not Covered is amended as follows:

Subparagraphs f., g., i., j., k., m. and n. are

deleted in their entirety.

II. SECTION A. COVERAGE, Paragraph 3. Covered Causes of Loss, b. Exclusions, (4)

Special Exclusions is amended as follows:

Special Exclusions (b) and (c) are deleted in 

their entirety.

III. SECTION A. COVERAGE, Paragraph 3. Covered Causes of Loss, c. Limitations is

amended as follows:

A. Subparagraph (1) Limitations - Various

Types of Property is amended as follows:

1. Limitation (c) Building Interiors is

deleted in its entirety and replaced by

the following:

(c) Building Interiors

The interior of any building or 

structure caused by or resulting

from rain, snow, sleet, ice, sand 

or dust, whether driven by wind

or not, unless:

1) The building or structure

first sustains damage by a

Covered Cause of Loss to

its roof or walls through

which the rain, snow, sleet,

ice, sand or dust enters; or

2) The "loss" is caused by or

results from thawing of 

snow, sleet or ice on the

building or structure.

2. Limitation (d) Building Materials - Theft is deleted in its entirety.

B. Subparagraph (3) Limitation - Personal 

Property Theft, item (d) is deleted in its

entirety.

IV. SECTION A. COVERAGE, Paragraph 4. Additional Coverages is amended as follows:

A. The following Additional Coverages are

amended as follows:

1. The Limit of Insurance referenced in

subparagraph (4) of b. Debris Removal is amended to $25,000. 2. The Limit of Insurance referenced in

c. Fire Department Service Charge

is amended to $25,000.

3. Fire Protection Equipment Recharge - Actual Expenses Incurred

For this endorsement only, the last 

paragraph in BUILDING AND PERSONAL PROPERTY COVERAGE 

FORM, SECTION A. COVERAGE, 4. Additional Coverages, d. Fire Protection Equipment Recharge is deleted in its entirety and replaced by

the following:

This Coverage is in addition to the

Limits of Insurance shown in the

Declarations. 4. g. Ordinance or Law is amended as

follows:

a. The Limit of Insurance referenced in Paragraph (5) is

amended to $25,000; and

b. Paragraph (1) we will pay:, is

amended to include the following:

(e) The increased cost to repair, rebuild or reconstruct

tenant's improvements and

betterments, as described in

SECTION A. COVERAGE; 

1. Covered Property, d.

Business Personal Property, subparagraph (6), caused by enforcement of

building, zoning or land use

ordinance or law.

5. The Limit of Insurance referenced in

h. Pollutant Clean Up and Removal

is amended to $25,000.

CIC0044

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 45 of 87 PageID #:549
Includes copyrighted material of Insurance

FCP 201 01 11 Services Office, Inc. with its permission. Page 2 of 6

6. The number of days referenced in 

subparagraph (2) of i. Preservation

of Property is amended to 90. B. The following Additional Coverages are

added:

1. Peak Season Limit 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 

the Limit of Insurance shown for 

Business Personal Property in

the Declarations is at least 100%

of your average monthly values

during the lesser of:

(1) The 12 months immediately 

preceding the date the

"loss" occurs; or

(2) The period of time you have

been in business as of the

date the "loss" occurs. 2. 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, as described

in SECTION A. COVERAGE; 1. Covered Property, d. Business

Personal Property, subparagraph

(6), we will extend Business Personal

Property coverage to apply to the

unamortized value of Tenant Im- provement 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. 3. 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.

4. Temporary Relocation of Property

(1) If Covered Property is removed

from the "premises" and stored

temporarily at a location you 

own, lease or operate while the

"premises" is being renovated or 

remodeled, we will pay for direct 

physical "loss" of that stored

property:

(a) Caused by or resulting from 

a Covered Cause of Loss;

(b) Up to $50,000 at each tem- porary location in any one 

occurrence; and

(c) During the storage period of

up to 90 consecutive days

but not beyond the expiration of this policy.

(2) This Additional Coverage does

not apply if the stored property is

more specifically insured.

V. SECTION A. COVERAGE, Paragraph 5. Coverage Extensions is amended as follows:

A. The following Coverage Extensions are

amended as follows:

1. Coverage Extension a. Accounts

Receivable is amended as follows:

a. The Limit of Insurance referenced in subparagraph (3)(b) 

Away From Your Premises is

amended to $25,000; and

b. The last Paragraph is deleted in

its entirety and replaced by the

following:

The most we will pay for "loss" 

under this Coverage Extension

is $50,000 in any one occurrence.

2. Coverage Extension b. Business 

Income and Extra Expense is

amended to include the following:

(9) Business Income From Dependent Properties

(a) We will pay for the actual

loss of "Business Income" 

you sustain due to physical "loss" at the premises of a

dependent property caused

by or resulting from any 

Covered Cause of Loss. However, this Coverage Extension does not apply

when the only "loss" to dependent property is "loss" to

CIC0045

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 46 of 87 PageID #:550
Includes copyrighted material of Insurance

FCP 201 01 11 Services Office, Inc. with its permission. Page 3 of 6

"electronic data", including 

destruction or corruption of "electronic data". If the dependent property sustains

"loss" to "electronic data" 

and other property, coverage under this Coverage

Extension will not continue

once the other property is

repaired, rebuilt or replaced.

The most we will pay under

this Coverage Extension in

any one occurrence is

$10,000 for each dependent 

property location. This

$10,000 of coverage for

Business Income From Dependent Properties does not

increase the Limit of Insurance provided in this Coverage Extension.

(b) 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:

1) Source of materials; or

2) Outlet for your products.

(c) 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.

(d) Dependent property means

property owned by others

whom you depend on to:

1) Deliver materials or 

services to you, or to 

others for your account.

But, services does not

mean water, communication or power supply 

services;

2) Accept your products 

or services;

3) Manufacture your products for delivery to your 

customers under contract for sale; or

4) Attract customers to 

your business.

The dependent property

must be located in the coverage territory of this Coverage Part.

(e) The coverage period for "Business Income" under

this Coverage Extension:

1) Begins twenty-four (24)

hours after the time of 

direct physical "loss" caused by or resulting 

from any Covered

Cause of Loss at the 

premises of the dependent property; and

2) 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.

(f) The "Business Income" 

coverage period, as stated 

in Paragraph (e), does not 

include any increased period required due to the enforcement of any ordinance

or law that:

1) Regulates the construction, use or repair, or requires the tearing 

down of any property; 

or

2) 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".

The expiration date of this policy

will not reduce the "Business Income" coverage period.

3. The Limit of Insurance referenced in

f. Fences is amended to $10,000. 4. The Limit of Insurance referenced in

h. Glass subparagraph (2) is

amended to $25,000. 5. In Coverage Extension, i. Newly Acquired or Constructed Property, Paragraph (3)(b), the number 90 is

deleted and replaced by the number 

180.

CIC0046

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Includes copyrighted material of Insurance

FCP 201 01 11 Services Office, Inc. with its permission. Page 4 of 6

6. The last paragraph of j. Non-Owned 

Building Damage is deleted in its

entirety and replaced by the following:

The most we will pay for "loss" under 

this Coverage Extension in any one

occurrence is your Business Personal Property Limit of Insurance for 

the "premises" where the "loss" occurs. 7. Coverage Extension k. Outdoor

Property is deleted in its entirety and 

replaced by the following:

k. Outdoor Property

You may extend the insurance

provided by this Coverage Part 

to apply to "loss" to your:

(1) Radio antennas, television

antennas or satellite dishes

(including their lead-in wiring, masts and towers); and

(2) Trees, shrubs or plants

(other than "stock" of trees,

shrubs or plants); 

including debris removal expense, but only if caused by or 

resulting from any of the following causes of loss if they are included as Covered Causes of 

Loss under this Coverage Part:

(a) Fire;

(b) Lightning;

(c) Explosion;

(d) Riot or Civil Commotion;

(e) Aircraft;

(f) Falling objects;

(g) Theft; or

(h) Vehicle; and

(3) Awnings that are attached

to a building that you occupy as a tenant, including

debris removal expense,

caused by or resulting from 

any of the Covered Causes

of Loss.

The most we will pay for "loss" 

under this Coverage Extension

is $10,000 in any one occurrence, but not more than $1,000

for any one tree, shrub or plant.

8. SECTION A, COVERAGE 5. Cover- age Extensions l. Personal Effects

is deleted in its entirety and replaced

by the following:

l. Personal Effects

You may extend the insurance

that applies to your Business

Personal Property to apply to

"loss" to:

Personal effects owned by:

(1) You, your officers, or your

partners, or if you are a limited liability company, your

members or your managers; 

or

(2) Your employees (including

temporary and leased em- ployees), including tools

owned by your employees

that are used in your business.

This Coverage Extension does

not apply to "money" or "securities". The most we will pay for "loss" 

under this Coverage Extension

is $25,000 in any one occurrence.

9. The Limit of Insurance referenced in

n, Signs is amended to $10,000. 10. The Limit of Insurance referenced in

r. Valuable Papers and Records

subparagraph (4)(b) Away From 

Your Premises is amended to

$25,000.

B. The following Coverage Extensions are

added:

1. Appurtenant Buildings and Structures

a. When a Limit of Insurance is

shown in the Declarations for 

Building at the "premises", you

may extend that insurance to

apply to direct physical "loss" of 

incidental appurtenant buildings

or structures, within 1,000 feet of 

that "premises", caused by or 

resulting from a Covered Cause

of Loss.

b. When a Limit of Insurance is

shown in the Declarations for 

Business Personal Property at 

the "premises", you may extend

that insurance to apply to direct 

physical "loss" of Business PerCIC0047

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 48 of 87 PageID #:552
Includes copyrighted material of Insurance

FCP 201 01 11 Services Office, Inc. with its permission. Page 5 of 6

sonal Property within incidental

appurtenant buildings or structures within 1,000 feet of that "premises", caused by or resulting from a Covered Cause of 

Loss.

c. Incidental appurtenant buildings

or structures include:

(1) Storage buildings;

(2) Carports;

(3) Garages;

(4) Pump houses; or

(5) Above ground tanks;

which have not been specifically

described in the Declarations. d. The most we will pay for "loss" 

under this Coverage Extension

in any one occurrence for any

combination of "loss" to Building

and Business Personal Property

is $50,000, regardless of the

number of "premises" involved. e. Payments made under this Coverage Extension are in addition

to the applicable Limits of Insurance.

2. Fine Arts

a. You may extend the insurance

provided by this Coverage Part 

to apply to paintings, etchings, pictures, tapestries, art glass

windows, and other bona fide

works of art of rarity, historical

value, or artistic merit. The "loss" 

must be caused by or result from 

a Covered Cause of Loss. b. For this Coverage Extension, the

following exclusions in SECTION A. COVERAGE, 3. Covered Causes of Loss, b. Exclusions are deleted:

(1) Exclusion (1)(b) Earth 

Movement; and

(2) Exclusion (1)(g) Water. c. For this Coverage Extension, SECTION D. LOSS CONDITIONS, 7. Valuation is deleted 

in its entirety and replaced by

the following:

We will determine the value of 

Covered Property in the event of "loss" at the market value at the

time of "loss".

d. The most we will pay for "loss" 

under this Coverage Extension

is $25,000 in any one occurrence.

3. Ordinance or Law - Increased Period of Restoration

a. When:

(1) A Covered Cause of Loss

occurs to property at the

"premises"; and

(2) The Declarations show that

you have coverage for Business Income and Extra Expense;

you may extend that insurance

to apply to the amount of actual

loss of Business Income you

sustain and reasonable and

necessary Extra Expense you

incur during the increased period 

of "suspension" of "operations" 

caused by or resulting from the

enforcement of any ordinance or 

law that:

(1) Regulates the construction,

repair or replacement of any

property;

(2) Requires the tearing down

or replacement of any parts

of property not damaged by

a Covered Cause of Loss;

and

(3) Is in force at the time of "loss".

b. This Coverage Extension applies only to the period that 

would be required, with reasonable speed, to reconstruct, repair or replace the property to

comply with the minimum requirements of the ordinance or 

law.

c. This Coverage Extension does

not apply to:

(1) Loss due to an ordinance or

law that: 

(a) You were required to 

comply with before the "loss", even if the property was undamaged; 

and

(b) You failed to comply 

with; or

(2) Costs associated with the

enforcement of any ordiCIC0048

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 49 of 87 PageID #:553
Includes copyrighted material of Insurance

FCP 201 01 11 Services Office, Inc. with its permission. Page 6 of 6

nance or law that 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".

d. The most we will pay for "loss" 

under this Coverage Extension

in any one occurrence is

$25,000 at each "premises".

e. Payments made under this Coverage Extension are in addition

to the applicable Limits of Insurance.

CIC0049

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 50 of 87 PageID #:554
Includes copyrighted material of ISO

FCP 238 09 15 Properties, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPakTM

MEDICAL OR DENTAL OFFICE POLLUTANT CLEAN-UP

COVERED PROPERTY EXTENSION

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

For this endorsement only, SECTION A - COVERAGES, COVERAGE 4. Additional Coverages, h. Pollutant 

Clean Up and Removal, is deleted in its entirety and replaced with the following:

We will pay your expenses to extract "pollutants" from Covered Property and land or water at the

"premises" if the discharge, dispersal, seepage, migration, release, escape or emission of the "pollutants"

is caused by or results from a Covered Cause of Loss that occurs during the "coverage term". The 

expenses will be paid only if they are reported to us in writing within 180 days of the date on which the

Covered Cause of Loss occurs.

This Additional Coverage does not apply to costs to test for, monitor or assess the existence, 

concentration or effects of "pollutants". But we will pay for testing which is performed in the course of 

extracting the "pollutants" from the land or water.

The most we will pay under this Additional Coverage for each "premises" is $10,000 for the sum of all 

covered expenses arising out of Covered Causes of Loss during each "coverage term". This is in addition

to the Limits of Insurance shown in the Declarations.

CIC0050

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 51 of 87 PageID #:555
FCP 206 01 11

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPakTM

MEDICAL OR DENTAL OFFICE ACTUAL LOSS SUSTAINED

BUSINESS INCOME ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

A. This endorsement applies to the following

Coverage Forms:

BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM

BUSINESS INCOME (WITHOUT EXTRA EXPENSE) COVERAGE FORM

B. For the purposes of this endorsement only,

SECTION A. COVERAGE, Additional Coverages, Extended Business Income, (1), (b), (ii) is deleted in its entirety and replaced

by the following, and (iii) is added:

(ii) 12 consecutive months after the date determined in (1)(a) above; or

(iii) 12 consecutive months after the date of 

direct physical "loss".

C. For the purposes of this endorsement only,

SECTION A. COVERAGE, Additional Coverages, Extended Business Income, (2), 

(b), (ii) is deleted in its entirety and replaced

by the following, and (iii) is added:

(ii) 12 consecutive months after the date determined in (2)(a) above; or

(iii) 12 consecutive months after the date of 

direct physical "loss".

D. For the purposes of this endorsement only,

SECTION F. DEFINITIONS, 7., b. is deleted 

in its entirety and replaced by the following:

b. Ends on the earlier of:

(1) The date when the property at the

"premises" should be repaired, rebuilt or replaced with reasonable

speed and similar quality;

(2) The date when business is resumed

at a new permanent location; or

(3) 12 consecutive months after the date

of direct physical "loss".

E. When 12 months ALS (an acronym of Actual 

Loss Sustained) is shown in the Declarations 

as the Limit of Insurance for Business Income 

for a specific item, SECTION B. LIMITS OF

INSURANCE is deleted in its entirety for that

item.

F. If the policy to which this endorsement is attached has been issued for a period of more 

than one year, then this business income coverage is subject to annual rerating.

CIC0051

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 52 of 87 PageID #:556
Includes copyrighted material of Insurance

FCP 211 01 11 Services Office, Inc. with their permission. Page 1 of 3

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPakTM

MEDICAL OR DENTAL OFFICE COMMERCIAL PROPERTY

COVERAGE ENHANCEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

I. SECTION A. COVERAGE, Paragraph 3. Covered Causes of Loss, b. Exclusions, is 

amended as follows:

Exclusions (1)(b) Earth Movement and (1) (g)

Water do not apply to:

A. Covered Business Personal Property; or

B. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. 

COVERAGE, 5. Coverage Extensions, b. Business Income and Extra Expense.

II. SECTION A. COVERAGE, Paragraph 5. Coverage Extensions is amended as follows:

A. The following Coverage Extensions are

amended as follows:

1. a. Accounts Receivable is 

amended as follows:

a. The Limit of Insurance referenced in subparagraph (3)(b) 

Away From Your Premises is

amended to $25,000. b. The last Paragraph is deleted in

its entirety and replaced by the

following:

The most we will pay for "loss" 

under this Coverage Extension

is $100,000 in any one occurrence.

This amendment of the Accounts Receivable Coverage Extension replaces, and is not in

addition to, the amendment of 

the Accounts Receivable Coverage Extension in CinciPakTM Commercial Property Amendatory Endorsement. 2. The Limit of Insurance referenced in

e. Fairs or Exhibitions is amended 

to $25,000.

3. SECTION A, COVERAGE, 5. Coverage Extensions, l. Personal Effects is deleted in its entirety and replaced by the following:

l. Personal Effects

You may extend the insurance

that applies to your Business

Personal Property to apply to

"loss" to:

Personal effects owned by:

(1) You, your officers, or your

partners, or if you are a limited liability company, your

members or your managers; 

or

(2) Your employees (including

temporary and leased em- ployees), including tools

owned by your employees

that are used in your business.

This Coverage Extension does

not apply to "money" or "securities". This amendment of the Personal

Effects Coverage Extension replaces, and is not in addition to, 

the amendment of the Personal

Effects Coverage Extension in

the CinciPakTM Commercial 

Property Amendatory Endorsement.

4. The Limit of Insurance referenced in

m., Property Off Premises is

amended to $25,000. 5. The Limit of Insurance referenced in

p., Transportation is amended to 

$25,000.

6. q. Utility Services is deleted in its

entirety and replaced by the following:

CIC0052

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 53 of 87 PageID #:557
Includes copyrighted material of Insurance

FCP 211 01 11 Services Office, Inc. with their permission. Page 2 of 3

q. Utility Services

You may extend the insurance

provided under this Coverage 

Part to apply to "loss" caused by

the partial or complete suspension of the utility services listed

below. The partial or complete

suspension of services must be

caused by direct damage to

those services from a Covered

Cause of Loss.

(1) Power Supply Services, meaning the following types

of property supplying electricity, steam or natural gas

to the "premises":

(a) Utility generating 

plants;

(b) Switching stations;

(c) Substations;

(d) Transformers; and

(e) Transmission lines, excluding overhead 

transmission and distribution lines.

(2) Water Supply Services,

meaning the following types

of property supplying water

to the "premises":

(a) Pumping stations; and

(b) Water mains.

(3) Communication Supply Services, meaning property

supplying communication

services, including telephone, radio, microwave, or

television services to the

"premises", such as:

(a) Communication transmission lines including 

fiber optic transmission 

lines, excluding overhead transmission and 

distribution lines;

(b) Coaxial cables; and

(c) Microwave radio relays, excluding satellites.

(4) This Coverage Extension

does not apply to "loss" to

"electronic data", including

destruction or corruption of "electronic data".

7. r. Valuable Papers and Records is

amended as follows:

a. The following is added to Paragraph (2):

(f) Two year old x-rays, and xrays in excess of two years

of age.

b. The Limit of Insurance referenced in subparagraph (4)(b)

Away From Your Premises is

amended to $25,000. c. The last Paragraph is deleted in

its entirety and replaced by the

following:

The most we will pay for "loss" 

under this Coverage Extension

is $100,000 in any one occurrence.

This amendment of the Valuable Papers and Records Coverage Extension replaces, and is not in addition

to, the amendment of the Valuable

Papers and Records Coverage Extension in the CinciPakTM Commercial 

Property Amendatory Endorsement.

B. The following Coverage Extensions are

added:

1. Tenant's Glass

a. It is agreed and understood that 

Paragraph (2) of Coverage Extension h. Glass is deleted in its

entirety and replaced by the following.

b. If you are a tenant at a covered

"premises" and:

(1) The building you occupy is

not Covered Property; and

(2) You are legally liable for

physical "loss" to the building glass in that building;

we will pay for direct physical "loss" to that building glass, including lettering and ornamentation.

c. If a Covered Cause of Loss occurs to building glass, as provided for under this Coverage

Extension, we will also pay necessary expenses you incur to:

(1) Put up temporary plates or 

board up openings if repair

or replacement of damaged

glass is delayed;

CIC0053

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Includes copyrighted material of Insurance

FCP 211 01 11 Services Office, Inc. with their permission. Page 3 of 3

(2) Repair or replace encasing

frames;

(3) Remove or replace obstructions when repairing or replacing glass that is part of

a building. This does not include expenses to remove 

or replace window displays;

and

(4) Repair or replace alarm 

tapes.

d. SECTION A. COVERAGE, 3.b. Exclusions does not apply to

this Coverage Extension, except 

for:

(1) Exclusion (1)(b) Earth

Movement;

(2) Exclusion (1)(c) Governmental Action;

(3) Exclusion (1)(d) Nuclear

Hazard;

(4) Exclusion (1)(f) War and 

Military Action;

(5) Exclusion (2)(d)1) Wear and

tear; and

(6) As listed in Exclusion

(2)(d)2):

Rust or other corrosion, hidden or latent defect or any

quality in property that

causes it to damage or destroy itself.

2. Water Backup from Sewers, Drains or Sump Pumps

You may extend the insurance provided by this Coverage Part to apply

to "loss" caused by or resulting from 

water or waterborne material that 

backs up through or overflows or is

discharged from a sewer, drain, septic system, sump pump or related

equipment.

a. For this Coverage Extension, SECTION A. COVERAGE, 3. Covered Causes of Loss, b. Exclusions, (1)(g) Water, 3) is

deleted in its entirety and replaced by the following:

3) Water or waterborne material which backs up through

or overflows or is discharged from a sewer,

drain, septic system, sump

pump or related equipment,

except as provided in SECTION A. COVERAGE, 5.

Coverage Extensions, Water Backup from Sewers,

Drains, or Sump Pumps. b. For this Coverage Extension, SECTION C. DEDUCTIBLE is

amended by adding the following:

We will not pay for "loss" in any

one occurrence caused by or resulting from water or waterborne 

material which backs up or overflows from a sewer, drain, septic

system, sump pump or related 

equipment, until the amount of "loss" exceeds the Deductible

shown in the Declarations, or 

$1,000, whichever is greater. We will then pay the amount of "loss" in excess of that deductible, up to the applicable limit indicated in Paragraph c. of this

extension. c. The most we will pay is $25,000

for any one occurrence.

CIC0054

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 55 of 87 PageID #:559
Includes copyrighted material of ISO

FCP 217 03 11 Properties, Inc., with its permission. Page 1 of 9

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus®

CinciPakTM

MEDICAL / DENTAL OFFICE

PROPERTY XC+® (EXPANDED COVERAGE PLUS)

ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE PART

The insurance coverage and Limits of Insurance provided by this endorsement are excess of, and apply in addition to, any similar or identical coverage provided by any other endorsement attached to the

above referenced Coverage Parts, or by any other Coverage Part forming a part of the policy of insurance of which the above referenced Coverage Parts form a component.

SCHEDULE

Blanket Coverage Limit The Limit of Insurance stated in

the Summary of Coverage Limits

Applicable only to those coverages subject to the Blanket Coverage Limit, as indicated in this endorsement

A. Accounts Receivable

In BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, a. Accounts

Receivable, the last paragraph is deleted in

its entirety and replaced by the following:

The most we will pay in any one occurrence 

for "loss" under this Coverage Extension is 

the Blanket Coverage Limit as provided in 

Section T. of this endorsement.

B. Business Income and Extra Expense

Interruption of Computer Operations

In BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, b. Business 

Income and Extra Expense, is modified as

follows for this endorsement only:

1. All references to $2,500 in Paragraph

b.(8)(c) are deleted and replaced with 

the Limit of Insurance stated in the 

Summary of Coverage Limits. 2. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION 

G. DEFINITIONS is amended as follows:

With respect to a "suspension" of "operations" caused only by an interruption 

in computer operations due to the destruction or corruption of "electronic data" as described in SECTION A. COVERAGE, 5. Coverage Extensions, d. 

Electronic Data, Paragraph a. of Definition 12. "Period of Restoration" is deleted and replaced by the following:

a. Begins 24 hours after the time of direct physical "loss".

C. Electronic Data Processing Property

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended 

by adding the following:

Electronic Data Processing Property

(1) Covered Property

You may extend the Coverage provided 

by this Coverage Part to apply to "loss"

to Covered Property consisting of your:

(a) Data processing equipment;

(b) Air conditioning and other electrical 

equipment, used exclusively with 

your data processing equipment;

CIC0055

Case: 1:20-cv-02160 Document #: 25-1 Filed: 07/31/20 Page 56 of 87 PageID #:560
Includes copyrighted material of ISO

FCP 217 03 11 Properties, Inc., with its permission. Page 2 of 9

(c) Programming documentation and 

instruction manuals;

(d) "Electronic data", but only as excess 

over what is valid and collectible under SECTION A. COVERAGE, 5. 

Coverage Extensions, d. Electronic Data;

(e) Media, meaning materials on which "electronic data" is recorded, such 

as magnetic tapes, disc packs, paper tapes and cards, floppy discs

and compact discs used in processing units; and

(f) Property of others in your care, custody or control that is similar to 

property described in (1)(a) through

(e) above.

(2) Property Not Covered

This Coverage Extension does not apply 

to:

(a) Accounts, records, documents and 

other "valuable papers and records" 

unless they are programming documentation or instruction manuals. However, we will cover these items

once they are converted to "electronic data" form.

(b) "Electronic data" or media that cannot be replaced with similar property 

of equal quality.

(c) Your property that you have rented 

or leased to someone else and that 

property is not at your "premises".

(d) Any machine or apparatus that is

used for research, medical, diagnostic, surgical, dental or pathological purposes.

(e) "Production equipment".

(3) Exclusions

(a) For this Coverage Extension only, BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of Loss, b. Exclusions does not apply except as follows:

1) Exclusion (1)(c) Governmental 

Action;

2) Exclusion (1)(d) Nuclear Hazard;

3) Exclusion (1)(f) War and Military Action;

4) Exclusion (2)(b) Delay or Loss

of Use;

5) Exclusion (2)(d) Miscellaneous Causes of Loss, 1) Wear 

and tear;

6) Exclusion (2)(h) Dishonest 

Acts;

7) Exclusion (3)(b) Acts or Decisions; and

8) Exclusion (3)(c) Defects, Errors and Omissions.

(b) In addition to Paragraph (3)(a) of

this Coverage Extension, we will

not pay for the following:

Hidden or latent defect, gradual deterioration, and depreciation. How- ever, if "loss" by a Covered Cause 

of Loss results, we will pay for that 

resulting "loss". 

(4) Duplicate and Backup "Electronic Data"

We will pay for "loss" resulting from any

of the Covered Causes of Loss to duplicate and backup "electronic data" that 

you store at a premises not described in 

the Declarations providing such "electronic data" is not covered by another 

policy.

(5) Newly Acquired Electronic Data Processing Property

For this Coverage Extension only, 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, 

i. Newly Acquired or Constructed 

Property is deleted in its entirety and replaced by the following:

(a) We will pay for "loss" from a Covered Cause of Loss to newly acquired Covered Property described 

in Paragraph (1) of this Coverage

Extension while at:

1) Any newly acquired location;

2) Any newly constructed or acquired buildings at a "premises"; or

3) Any "premises" described in the

Declarations.

(b) Insurance under this Coverage Extension for such newly acquired 

property, or Covered Property already insured by this Coverage Extension which is moved to a newly 

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acquired location, will end when any 

of the following first occurs:

1) This Coverage Part expires;

2) 90 days pass from the date you

acquire your new property or 

move Covered Property to a

newly acquired location; or

3) You report values to us.

(6) In Transit or Away From Premises

For this Coverage Extension only, SECTION A. COVERAGE, 5. Coverage Extensions, e. Fairs or Exhibitions, m. Property Off Premises and p. Transportation are deleted in their entirety 

and replaced by the following:

(a) You may extend the insurance provided by this Coverage Extension to 

apply to Covered Property as described in Paragraph (1):

1) While in or on a vehicle, including loading and unloading; or

2) While at a location that is not 

your "premises".

(b) This In Transit or Away From 

Premises coverage does not apply 

per location.

(7) Worldwide Laptop Coverage

(a) You may extend the insurance provided by this Coverage Extension to 

apply to your laptops, notebooks

and similar highly portable personal 

computers, including their peripherals and accessories, while such 

specific Covered Property is:

1) In your or your employee's

care, custody and control;

2) Not located at a premises you

own or lease; and

3) Not located in the coverage territory stated in Paragraph 2. of 

the Commercial Property Condition H. Policy Period, Coverage Territory, provided that 

location is not under a United

States Department of State

trade or travel restriction at the

time of "loss".

(b) This Worldwide Laptop Coverage

does not apply per location.

(8) Electronic Data Processing Property 

Deductible

For this Coverage Extension only, SECTION C. DEDUCTIBLE is amended to 

include the following:

We will not pay for "loss" in any one occurrence unless the amount of "loss" 

exceeds the Deductible shown in the 

Declarations. We will then pay the 

amount of "loss" in excess of the Deductible, up to the Limit of Insurance 

provided by this Coverage Extension.

However, "loss" caused by or resulting 

from any of the following Causes of Loss

will have the greater of the Deductible

shown in the Declarations or $1,000 as

the applicable deductible:

a. "Loss" caused by faulty construction, error in design or processing, or service or work upon the data processing system;

b. "Loss" resulting in mechanical 

breakdown, short circuiting, blowout,

or other electrical damage, unless 

caused by lightning; or

c. "Loss" caused by or resulting from 

interruption of power supply, power 

surge, blackout or brownout.

(9) Electronic Data Processing Property 

Valuation

For this Coverage Extension only, SECTION D. LOSS CONDITIONS, 7. Valuation is deleted in its entirety and replaced by the following:

7. Valuation of Electronic Data 

Processing Property

In the event of "loss", we will determine the value of Covered Property 

as described in Paragraph (1) of this 

Coverage Extension as follows:

a. Except for "electronic data"

(1) If you repair or replace this

Electronic Data Processing

property within a reasonable time following the

"loss", the property will be

valued at the full cost of

repair or replacement.

However, the most we will

pay is the least of the following:

(a) The actual cost to repair or restore the 

property with materials

of like kind and quality;

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(b) The cost of replacing 

that property with 

property of similar 

quality and function;

(c) The amount you actually and necessarily

spend to repair or replace the property; or

(d) The Limit of Insurance 

applicable to the property.

(2) If you do not repair or replace this property within a

reasonable time following a

"loss", the most we will pay 

will be the least of the following:

(a) "Actual cash value" of 

the property;

(b) "Actual cash value" of 

repairs with material of 

like kind and quality; 

or

(c) The Limit of Insurance 

applicable to the property.

We reserve the right to repair or replace the property 

or to pay for the property in

money.

In the event of "loss", the

value of property will be

determined at the time of "loss".

b. For "electronic data"

We will not pay more than the

actual reproduction costs of

your "electronic data". If you do

not replace or reproduce your "electronic data" following the

"loss", the most we will pay is

the cost of blank media as described in Paragraph C.(1)(e) of

this Coverage Extension.

(10)Electronic Data Processing Property 

Additional Definition

The following definition is added to 

SECTION G. DEFINITIONS of the 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM:

"Production equipment" means any 

machinery and related components, including any integrated or dedicated 

computer system, which is used, or can 

be used, to produce or process other 

tangible property.

The most we will pay for "loss" under this 

Electronic Data Processing Property Coverage Extension in any one occurrence is the 

Blanket Coverage Limit as provided in Section T. of this endorsement .

D. Ordinance or Law

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages, g. Ordinance or Law, (5) is deleted in its entirety 

and replaced by the following:

(5) The most we will pay under this Additional Coverage in any one occurrence is

the following:

(a) For g.(1), under we will pay: (a), this

coverage is included within the Limit 

of Insurance shown in the Declarations as applicable to the covered 

Building property. This does not increase the Limit of Insurance.

(b) For g.(1), under we will pay: (b), (c), and (d) combined, the Blanket Coverage Limit as provided in Section 

T. of this endorsement. This is in

addition to the Limits of Insurance 

shown in the Declarations. E. Valuable Papers and Records

In BUILDING AND PERSONAL PROPERTY

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, r. Valuable 

Papers and Records, the last paragraph is

deleted in its entirety and replaced by the following:

The most we will pay for "loss" in any one occurrence under this Coverage Extension is

the Blanket Coverage Limit as provided in 

Section T. of this endorsement.

F. Outdoor Property

In BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, k. Outdoor 

Property, the last paragraph is deleted in its 

entirety and replaced by the following:

The most we will pay for "loss" under this 

Coverage Extension is the Limit of Insurance

stated in the Summary of Coverage Limits in

any one occurrence, but not more than the

Limit of Insurance stated in the Summary of 

Coverage Limits for any one tree, shrub, or 

plant.

G. Tenant Move Back Expenses

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERCIC0058

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AGE, 5. Coverage Extensions is amended 

to include the following:

Tenant Move Back Expenses

1. We will reimburse you for expenses you 

pay for Covered Move Back Costs of 

your tenants who temporarily vacate a 

portion of the building at a "premises". 

The vacancy must have occurred while 

the portion of the building rented by your 

tenant could not be occupied due to direct physical "loss" to your Covered

Property caused by or resulting from a 

Covered Cause of Loss during the "coverage term". The move back must be 

completed within 60 calendar days after 

the portion of the building rented by your 

tenant has been repaired or rebuilt and 

is ready for occupancy. 2. Covered Move Back Costs means only

documented, reasonable and necessary

costs of:

a. Packing, insuring and transporting 

business personal property;

b. Re-establishing electric utility and 

communication services, less refunds from discontinued services;

c. Assembling and setting up fixtures

and equipment; or

d. Unpacking and re-shelving stock

and supplies. 3. If your tenants have valid and collectible 

insurance for Covered Move Back

Costs, we will pay only for the amount of 

Covered Move Back Costs in excess of

the amount payable from such other insurance.

4. The most we will pay for the sum of all 

Covered Move Back Costs in any one 

occurrence under this Coverage Extension is the Blanket Coverage Limit as

provided in Section T. of this endorsement.

H. Peak Season

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended

to include the following:

Peak Season

1. In the event that the limit of insurance 

stated in the Declarations for Business

Personal Property is insufficient to fully

insure a covered "loss" due to a Peak

Season Demand for your inventory, you 

may apply the Blanket Coverage Limit as

provided in Section T. of this endorsement to that "loss".

2. Peak Season Demand means a temporary (90 consecutive days or less) increase in your inventory to meet a seasonal demand as verified by:

a. Your previous inventory records for 

that historical period of time; and

b. Custom and practice in your industry.

I. Personal Property of Others

BUILDING AND PERSONAL PROPERTY

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended

to include the following:

Personal Property of Others

In the event that the limit of insurance stated 

in the Declarations for Business Personal 

Property is insufficient to fully insure a covered "loss" to both your Covered Property

and that which would specifically be the subject of SECTION A. COVERAGE, 1. Covered Property, d. Business Personal 

Property, Subpart (8), you may apply the

Blanket Coverage Limit as provided in Section T. of this endorsement to such property 

as contemplated by SECTION A. COVERAGE, 1. Covered Property, d. Business 

Personal Property, Subpart (8). J. Debris Removal

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended

to include the following:

In the event that the limits of insurance stated 

in BUILDING AND PERSONAL PROPERTY

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages, b. Debris 

Removal are insufficient to fully cover a "loss" insured thereunder, you may apply the

Blanket Coverage Limit as provided in Section T. of this endorsement to such "loss" as

is insured under Additional Coverage b. Debris Removal. K. Temperature Change

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended

to include the following:

Temperature Change

1. Coverage

a. For this Coverage Extension only, 

BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM, 

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SECTION A. COVERAGE, 1. Covered Property is deleted in its entirety and replaced by the following:

Covered Property means "perishable stock" located in a building at a "premises". b. For this Coverage Extension only, 

BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 2. Property Not Covered is deleted in its

entirety and replaced by the following:

Covered Property does not include:

"Perishable Stock" Not in Buildings

"Perishable stock" located on buildings, in or on vehicles, or otherwise 

in the open.

2. Covered Causes of Loss

For this Coverage Extension only, 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of 

Loss, a. Risks of Direct Physical Loss

is deleted in its entirety and replaced by

the following:

a. Risks of Direct Physical Loss

Covered Causes of Loss means

"loss" from "temperature change" to

Covered Property unless "loss" is:

(1) Excluded in SECTION A. COVERAGE, 3. Covered

Causes of Loss, b. Exclusions; or

(2) Limited in SECTION A. COVERAGE, 3. Covered Causes

of Loss, c. Limitations;

that follow. 3. Excluded Causes of Loss

a. For this Coverage Extension only, 

BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM 

SECTION A. COVERAGE, 3. Covered Causes of Loss, b. Exclusions does not apply to this Coverage Extension, except as follows:

(1) Exclusion (1)(b) Earth Movement;

(2) Exclusion (1)(c) Governmental 

Action;

(3) Exclusion (1)(d) Nuclear Hazard;

(4) Exclusion (1)(f) War and Military Action;

(5) Exclusion (1)(g) Water; or

(6) Exclusion (1)(h) "Fungi", Wet

Rot, Dry Rot, and Bacteria. b. In addition to Paragraph 3.a. of this

Coverage Extension, we will not pay 

for "loss" caused by or resulting 

from any of the following:

(1) The disconnecting of any heating, refrigerating, cooling or 

humidity control system from

the source of its power;

(2) The deactivation of electrical 

power caused by the manipulation of any switch or other device (on "premises") used to

control the flow of electrical 

power or current;

(3) The inability of an Electrical 

Utility Company or other power 

source to provide sufficient 

power due to:

(a) Lack of fuel, or

(b) Governmental order;

(4) The inability of a power source

at the "premises" to provide

sufficient power due to the lack

of generating capacity to meet 

demand; or

(5) Breaking of any glass that is a

permanent part of any heating, refrigeration, cooling or humidity control unit.

4. Limits of Insurance

For this Coverage Extension only,

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION 

B. LIMITS OF INSURANCE is deleted in

its entirety and replaced by the following:

SECTION B. LIMITS OF INSURANCE

a. The most we will pay for "loss" 

caused by "temperature change" in 

any one occurrence is the Limit of

Insurance stated in the Summary of

Coverage Limits. b. The Limit of Insurance is not an additional amount of insurance and will 

not increase the Limit of Insurance

shown in the Declarations for Business Personal Property or "stock". 

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5. Duties in the Event of Loss

For this Coverage Extension only, 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION 

D. LOSS CONDITIONS, 3. Duties in 

the Event of Loss or Damage, a.(2) is 

deleted in its entirety and replaced by the 

following:

(2) All claims under this "Temperature 

Change" Coverage Extension 

should be reported immediately 

upon occurrence. Include a description of the damaged "stock". All 

damaged "stock" must be available 

for inspection and verification. 6. Definitions

The following are added to BUILDING

AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS:

a. "Perishable stock" means personal 

property:

(1) Preserved and maintained under controlled conditions; and

(2) Susceptible to "loss" if the controlled conditions change.

b. "Temperature change" means:

(1) The fluctuation or total interruption of electrical power, either 

on or off "premises", resulting

from conditions beyond your 

control.

(2) Mechanical breakdown of any

refrigerating or cooling apparatus or equipment (on "premises") including the blowing of

any fuse, fuses, or circuit 

breakers.

(3) Contamination by refrigerant.

(4) The freezing of "perishable

stock" resulting from the faulty 

operation of any stationary

heating plant, when such "perishable stock" is contained

within a building at the "premises". L. Non-Owned Building Damage

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, j. Non- Owned Building Damage is deleted in its

entirety and replaced by the following:

If you are a tenant, you may extend the insurance provided by this Coverage Part for 

Business Personal Property to "loss" that occurs to the building at a "premises" you occupy but do not own. This Coverage Extension applies only if your 

lease makes you legally responsible for that 

part of the building sustaining "loss".

This Coverage Extension does not apply to:

(1) Glass, including lettering and ornamentation, and also necessary:

(a) Repair or replacement of encasing

frames or alarm tapes; and

(b) Expenses incurred to board up 

openings or remove or replace obstruction.

(2) Building materials and equipment removed from the "premises".

The most we will pay for "loss" under this 

Coverage Extension in any one occurrence

is:

(1) The actual "loss" sustained up to the applicable Limit of Insurance for Business

Personal Property for "loss" caused by

theft, burglary or robbery, or the attempt 

of the foregoing; or

(2) The applicable Limit of Insurance for 

Business Personal Property or the Limit 

of Insurance stated in the Summary of 

Coverage Limits, whichever is less, for "loss" caused by any other Covered 

Cause of Loss, not referenced in (1)

above. M. Inflation Guard

Per SECTION F. OPTIONAL COVERAGES, 

2. Inflation Guard, the percentage (%) 

stated in the Summary of Coverage Limits

applies to all Building Property referenced in 

the Declarations. This coverage is excess of 

any Inflation Guard coverage specifically referenced in the Declarations. N. Brands and Labels

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended

to include the following:

Brands and Labels

1. If branded or labeled merchandise that is

Covered Property is damaged by a Covered Cause of Loss, we may take all or 

any part of the property at an agreed or 

appraised value. If so, you may:

a. Stamp "salvage" on the merchandise or its containers, if the stamp 

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will not physically damage the merchandise; or

b. Remove the brands or labels, if doing so will not physically damage the 

merchandise. You must relabel the 

merchandise or its containers to 

comply with the law.

2. We will pay reasonable costs you incur 

up to the Limit of Insurance stated in the

Summary of Coverage Limits in total in

any one occurrence to perform the activities described in 1.a. and 1.b. above. O. Limitation - Personal Property Theft

In BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of Loss, c. Limitations, Limitation (3) Personal Property 

Theft is deleted in its entirety and replaced by

the following:

(3) Limitation - Personal Property Theft

This Limitation does not apply to Business Income coverage or to Extra Expense coverage. The special limit shown 

for each category, (3)(a) through (3)(d), 

is the most we will pay for "loss" to all 

property in that category. The special 

limit applies to any one occurrence of 

theft, regardless of the types or number

of articles that are lost or damaged in 

that occurrence. The special limits are:

(a) The Limit of Insurance stated in the

Summary of Coverage Limits for 

furs, fur garments and garments

trimmed with fur.

(b) The Limit of Insurance stated in the 

Summary of Coverage Limits for 

jewelry, watches, watch movements, jewels, pearls and precious

and semi-precious stones. This limit

does not apply to jewelry and 

watches worth $500 or less per 

item.

(c) The Limit of Insurance stated in the 

Summary of Coverage Limits for 

bullion, gold, silver, platinum and 

other precious alloys or metals.

(d) The Limit of Insurance stated in the 

Summary of Coverage Limits for 

patterns, dies, molds and forms.

These special limits are part of, not in 

addition to, the Limit of Insurance applicable to the Covered Property.

P. Lessor's Leasehold Interest

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages is amended

to include the following:

Lessor's Leasehold Interest

1. We will pay for the cost of Covered Leasehold Interest you sustain due to the 

cancellation of lease contracts by your 

tenants. The cancellation must result 

from direct physical "loss" to your Covered Property at the "premises" caused 

by or resulting from a Covered Cause of 

Loss during the "coverage term".

2. Covered Leasehold Interest:

a. Means the difference between the:

(1) Rent you were collecting at the

"premises" prior to the direct 

physical "loss"; and

(2) "Rental value" of the "premises" after the direct physical "loss" 

has been repaired or rebuilt; 

and

b. Does not mean refunds or rebates

of:

(1) Prepaid rent;

(2) Security or other deposits made

by your tenants; or

(3) Insurance, taxes or other pay- ments made on your behalf by 

tenants.

3. The most we will pay under this Additional Coverage is the least of:

a. Your Covered Leasehold Interest for 

the 12 months immediately following

the "period of restoration" plus the

90 days of Extended Business Income but ending with the normal 

expiration date of each cancelled 

lease; or

b. The Limit of Insurance stated in the 

Summary of Coverage Limits for all 

Covered Leasehold Interest of all 

your tenants canceling their leases

arising out of an occurrence at a

"premises". Q. Unauthorized Business Card Use

1. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages

is amended to include the following:

Unauthorized Business Card Use

We will pay for your loss of "money" or 

charges and costs you incur that result 

directly from the unauthorized use of 

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credit, debit or charge cards issued in 

your business name, including:

a. Fund transfer cards;

b. Charge plates; or

c. Telephone cards. The most we will pay under this Additional Coverage in any one occurrence is

the Limit of Insurance stated in the 

Summary of Coverage Limits. 2. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 2. Property Not Covered 

is amended by deleting Paragraph a. in

its entirety and replacing it with the following:

Covered Property does not include:

a. Accounts, Deeds, Money or Securities

Except as provided in SECTION A. COVERAGE:

(1) 4. Additional Coverages, Unauthorized Business Card

Use; and

(2) 5. Coverage Extensions, a.

Accounts Receivable, Accounts, bills, currency, deeds, 

food stamps or other evidences of

debt, "money", notes or "securities";

R. Ordinance or Law - Increased Period of 

Restoration

In BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, Ordinance 

or Law - Increased Period of Restoration, paragraph d. is deleted in its entirety and replaced by the following:

d. The most we will pay for "loss" under this

Coverage Extension in any one occurrence is the Limit of Insurance stated in 

the Summary of Coverage Limits at each

"premises". S. Water Backup from Sewers, Drains or 

Sump Pumps

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended

by adding the following:

Water Backup from Sewers, Drains or 

Sump Pumps

You may extend the insurance provided by

this Coverage Part to apply to "loss" caused 

by or resulting from water or waterborne material that backs up through or overflows or is 

discharged from a sewer, drain, septic system, sump pump or related equipment.

(1) For this Coverage Extension, SECTION 

A. COVERAGE, 3. Covered Causes of 

Loss, b. Exclusions, (1)(g) Water, 3) is

deleted in its entirety and replaced by the 

following:

3) Water or waterborne material which

backs up through or overflows or is

discharged from a sewer, drain, septic system, sump pump or related equipment, except as provided 

in SECTION A. COVERAGE, 5. 

Coverage Extensions, Water

Backup from Sewers, Drains, or

Sump Pumps.

(2) For this Coverage Extension, SECTION 

C. DEDUCTIBLE is amended by adding

the following:

We will not pay for "loss" in any one occurrence caused by or resulting from water or waterborne material which backs

up or overflows from a sewer, drain, septic system, sump pump or related

equipment, until the amount of "loss" exceeds the Deductible shown in the Declarations, or $1,000, whichever is greater. We will then pay the amount of "loss"

in excess of that deductible, up to the 

applicable limit indicated in Paragraph

(3) of this extension.

(3) The most we will pay for any one occurrence under this Coverage Extension is

the Blanket Coverage Limit as provided 

in Section T. of this endorsement.

T. Blanket Coverage Limit

We will pay up to the Limit of Insurance 

stated in the Schedule of this endorsement in

total in any one occurrence for the sum of all "loss" insured under coverages provided in 

this endorsement which are subject to the 

Blanket Coverage Limit. You may apportion 

this Limit among these coverages as you 

choose.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CinciPakTM

MEDICAL / DENTAL OFFICE BUSINESS INCOME

(AND EXTRA EXPENSE) AMENDATORY ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE PART

SCHEDULE

Valued Daily Loss of Income

Location Building Limit Per Day Number of Days

I. SECTION A. COVERAGE, Paragraph 5. Additional Coverages of the Business Income

(and Extra Expense) Coverage Part is 

amended to include the following:

e. Utility Services

We will pay for the actual loss of Business

Income you sustain and necessary Extra

Expense caused by the partial or complete suspension of the utility services

listed below. The partial or complete suspension of services must be caused by direct physical "loss" to those services from 

a Covered Cause of Loss.

(1) Communications Supply Services, meaning property supplying communication services, including telephone, radio, microwave, or television services to the "premises", such 

as:

(a) Communication transmission

lines including fiber optic transmission lines, excluding overhead transmission and distribution lines;

(b) Coaxial cables; and

(c) Microwave radio relays, excluding satellites.

(2) Power Supply Services, meaning the 

following types of property supplying 

electricity, steam or natural gas to the "premises":

(a) Utility generating plants;

(b) Switching stations;

(c) Substations;

(d) Transformers; and

(e) Transmission lines, excluding

overhead transmission and distribution lines.

(3) Water Supply Services, meaning the 

following types of property supplying

water to the "premises":

(a) Pumping Stations; and

(b) Water mains.

(4) This Additional Coverage does not 

apply to "loss" to "electronic data" including destruction or corruption of "electronic data".

f. Valued Daily Loss of Income

(1) We will pay the stated Limit Per Day

indicated in the Schedule of this endorsement for loss of income due to 

the necessary "suspension" of your "operations" during the "period of res1 1 6,500 40

CIC0064

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Includes copyrighted material of Insurance

FCP 402 05 11 Services Office, Inc. with its permission. Page 2 of 2

toration" caused by or resulting from 

any Covered Cause of Loss, up to 

the Number of Days indicated in the

Schedule of this endorsement.

(2) A day is defined as a period of

twenty-four hours, beginning at midnight, and during which the "operations" of the insured were or normally 

would be performed. We shall pay 

the Limit Per Day indicated in the

Schedule of this endorsement for 

each full day of total "suspension" of

business conducted by you at the "premises" where the "loss" occurred.

(3) For each day, during which there is a 

partial "suspension" of your "operations", a part of the Limit Per Day indicated in the Schedule of this endorsement will be paid. That part of

the Limit Per Day will be calculated 

by determining the ratio of reduced 

hours of "operations" compared to 

normal hours of "operations", times

the Limit Per Day indicated in the 

Schedule of this endorsement.

(4) You agree that if you could resume 

complete or partial "operations" at 

your "premises" or at another location, the amount we pay you shall be 

determined as if such complete or 

partial "operations" had been resumed.

II. SECTION F. DEFINITIONS of the Business

Income (and Extra Expense) Coverage Part is 

amended as follows:

With respect to a "suspension" of "operations"

insured under SECTION A. COVERAGE, Paragraph 5. Additional Coverages, e. Utility 

Services of the Business Income (and Extra 

Expense) Coverage Part, Paragraph a. of 

Definition 7. "Period of Restoration" is deleted and replaced by the following:

a. Begins 24 hours after the time of direct 

physical "loss".

III. SECTION A. COVERAGE, 3.b. Exclusions of

the Commercial Property Coverage Part is

amended as follows:

A. Exclusions (1)(b) Earth Movement and 

(1)(g) Water do not apply to Business Income and Extra Expense Coverage.

B. Special Exclusion (4)(a) does not apply 

to the insurance coverage provided under

this endorsement.

CIC0065

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THE BRIDGE ENDORSEMENT

TABLE OF CONTENTS

Begins on Page:

Schedule of Coverage Limits................................................................................................................2

SECTION I - COVERAGES......................................................................................................................3

A. Business Travel Benefit..................................................................................................................3

B. Conference Cancellation.................................................................................................................3

C. Donation Security ............................................................................................................................4

D. Emergency Travel Expense ............................................................................................................5

E. Fundraising Event Cancellation Expense .....................................................................................5

F. Image Restoration and Counseling Expense................................................................................6

G. Key Individual Replacement Expense............................................................................................6

H. Kidnap Expense...............................................................................................................................7

I. Lease Assessment...........................................................................................................................7

J. Leasehold Improvements................................................................................................................8

K. Political Unrest Evacuation Expense.............................................................................................8

L. Premises Boundary Increase..........................................................................................................9

M. Temporary Meeting Space Expense ..............................................................................................9

N. Travel Delay Expense ......................................................................................................................9

O. Unauthorized Business Card Use................................................................................................10

P. Unintentional Error in Description ...............................................................................................10

Q. Workplace Violence Counseling Expense...................................................................................10

R. Deductible.......................................................................................................................................11

SECTION II - CONDITIONS...................................................................................................................11

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THE BRIDGE ENDORSEMENT

BRIDGE SCHEDULE OF COVERAGE LIMITS

Coverages: Limit of Insurance:

Business Travel Benefit $50,000

Conference Cancellation $25,000

Donation Security $50,000

Emergency Travel Expense $50,000

Fundraising Event Cancellation Expense $25,000

Image Restoration and Counseling Expense $50,000

Key Individual Replacement Expense $50,000

Kidnap Expense $50,000

Lease Assessment $2,500

Leasehold Improvements $25,000

Political Unrest Evacuation Expense $25,000 ($5,000 per employee)

Temporary Meeting Space Expense $25,000

Travel Delay Expense $1,500

Unauthorized Business Card Use $1,500

Workplace Violence Counseling Expense $50,000

Deductible:

$500.00

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE BRIDGE ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

The insurance coverage and Limits of Insurance provided by this endorsement are excess of, and apply in addition to, any similar or identical coverage provided by any other endorsement attached to this 

Coverage Part, or by any other Coverage Part forming a part of the policy of insurance of which this

Coverage Part forms a component.

SECTION I - COVERAGES

A. Business Travel Benefit

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Business Travel Benefit

1. We will pay you the business travel benefit if your current "director or officer" while 

occupying, as a fare-paying passenger, a

public conveyance provided and operated 

by a commercial transportation carrier for 

regular passenger service by land, water, or air suffers "injury" while traveling for 

purposes related to your business pursuits during the "coverage term". 2. We will not pay business travel benefit for "injury" caused directly or indirectly by any 

of the following:

a. An intentional injury by the insured, "director or officer" or decedent;

b. An act of suicide or attempted suicide 

by the insured, "director or officer" or 

decedent;

c. An act of war; or 

d. A disease process the insured, "director or officer" or decedent was diagnosed with prior to the suffered "injury" for which coverage under this

Coverage Extension is sought.

3. For Business Travel Benefit only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS, is amended to include the 

following:

"Injury" means:

a. Accidental loss of life caused by 

physical injury to the body;

b. Accidental loss of limbs or multiple 

fingers; or

c. Accidental total loss of sight, speech 

or hearing. The "injury" outlined in Paragraphs a., b., and c. above must physically occur to the 

current "director or officer". 4. For Business Travel Benefit only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS, is amended to include the 

following:

"Director or officer" means that particular 

current director or current officer for which 

coverage under this Coverage Extension 

is sought.

The most we will pay for all "injury" under 

Business Travel Benefit in any one "coverage term" is the Limit of Insurance indicated in

the Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

B. Conference Cancellation

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Conference Cancellation

1. We will reimburse the insured for any

"business-related conference expense"

incurred and not reimbursed by any other 

source as the result of a cancellation of a 

conference or convention. The cancellation must be the direct result of an order 

made by a civil authority responding to a "natural catastrophe" or to a "communicable disease" outbreak during the "coverage term". 2. For Conference Cancellation only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS is amended to include the 

following:

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a. "Business-related conference expense" means those expenses incurred by you for your employee(s)scheduled to attend a conference or convention provided that 

the employee(s) was (were) registered for the conference or convention at least 30 days prior to the conference’s or convention’s cancellation. b. "Communicable disease " means any

disease or any related or resulting 

diseases, viruses, complexes, symptoms, manifestations, effects, conditions or illnesses, except this endorsement does not apply to any "loss" directly or indirectly attributable

to Anthrax, Avian Influenza, Crimean- Congo Hemorrhagic Fever, Dengue 

Hemorrhagic Fever, Ebola Hemorrhagic Fever, Francisella Tularensis, 

Influenza, Lassa Fever, Marburg 

Hemorrhagic Fever, Meningococcal

disease, Plague, Rift Valley Fever, 

Severe Acute Respiratory Syndrome, Smallpox, Tularemia, Yellow Fever or 

any pandemic or similar influenza 

which is defined by the United States

Center for Disease Control as virulent 

human influenza that may cause

global outbreak, or pandemic, or serious illness. c. "Natural catastrophe" means hurricane, tornado, earthquake or flood.

The most we will pay for all "business related

conference expense" under Conference Cancellation in any one "coverage term" is the

Limit of Insurance indicated in the Bridge 

Schedule of Coverage Limits. Section I, R. Deductible applies.

C. Donation Security

BUILDING AND PERSONAL PROPERTY

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Donation Security

1. We will reimburse you for a "failed donation" incurred and not reimbursed by any

other source.

2. For non-cash donations, the value of the

"failed donation" will be determined based 

on the fair market value of the non-cash 

item at the time of the "failed donation". 3. For Donation Security only, BUILDING

AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS

is amended to include the following:

"Failed donation" means notice to the insured during the "coverage term" of:

a. The bankruptcy or reorganization of

any donor whereby such bankruptcy 

or reorganization prevents the donor 

from honoring a written pledge, made 

during the "coverage term", of funds 

or other measurable, tangible property to the insured provided that the 

donor has never been in bankruptcy

or filed for bankruptcy/reorganization 

prior to the time the donor’s pledge 

was made to you; or

b. The unemployment or "incapacitation" of an individual donor during the "coverage term" preventing the donor 

from honoring a prior written pledge 

of funds or other measurable, tangible property to the insured provided 

that, if the donor is an individual who 

becomes unemployed or "incapacitated":

(1) Neither you nor the donor shall 

have had reason to believe the

donor would become unemployed or "incapacitated" prior to

the donation date;

(2) The individual donor is unemployed or "incapacitated" for at 

least 60 days before payment is

made by the Company; and

(3) There is a written pledge of

funds or other measurable, tangible property dated during the

"coverage term". 4. For Donation Security only, BUILDING

AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS

is amended to include the following:

"Incapacitated or incapacitation" means a 

person who is impaired by physical injury, 

physical illness, or physical disability. The 

cause of the physical injury, physical illness or physical disability must be accidental. 5. A donation amount which is to be collected by you over a period of more than 

12 months will be deemed a single donation. The most we will pay for all "failed donations" under Donation Security in any one "coverage term" is the Limit of Insurance indicated in 

the Bridge Schedule of Coverage Limits. Section I, R. Deductible applies. 

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D. Emergency Travel Expense 

BUILDING AND PERSONAL PROPERTY

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Emergency Travel Expense

1. We will reimburse the reasonable "emergency travel expense", while traveling for 

purposes related to your business pursuits during the "coverage term", incurred

by your current director or officer and necessitated by a "certified act of terrorism" which:

a. Occurs during the "coverage term"; 

or

b. Begins to occur during the "coverage 

term". 2. For Emergency Travel Expense only,

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS is amended to include the 

following:

a. "Emergency travel expense" means:

(1) Hotel expense incurred, and not 

reimbursed by any other source, as the result of the cancellation 

of scheduled transportation by a

commercial transportation carrier

for regular passenger service by 

land, water, or air. The cancellation must occur within forty-eight 

hours of a "certified act of terrorism"; and

(2) The increased amount incurred

and not reimbursed by any other 

source for air or train fare resulting from cancelling and rescheduling a form of transportation to replace a similarly scheduled form of transportation canceled by a commercial transportation carrier. 

b. "Certified act of terrorism" means an 

act that is certified by the Secretary of

the Treasury, in concurrence with the 

Secretary of State and the Attorney 

General of the United States, to be 

an act of terrorism pursuant to the 

federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified 

act of terrorism" include the following:

(1) The act resulted in insured

losses in excess of $5 million in

the aggregate, attributable to all 

types of insurance subject to the

Terrorism Risk Insurance Act; 

and

(2) The act is a violent act or an act

that is dangerous to human life,

property or infrastructure and is

committed by an individual or individuals, as part of an effort to coerce the civilian population of the

United States or to influence the

policy of affect the conduct of the

United States Government by coercion.

The most we will pay for all emergency travel 

expenses under Emergency Travel Expense

in any one "coverage term" is the Limit of Insurance indicated in the Bridge Schedule of 

Coverage Limits. Section I, R. Deductible applies.

E. Fundraising Event Cancellation Expense

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to 

include the following:

Fundraising Event Cancellation Expense

1. We will reimburse you for fundraising 

event related expense incurred, and not 

reimbursed by any other source, due to 

the cancellation of a fundraising event. However:

a. The canceled fundraising event must 

not be rescheduled within the "coverage term"; and 

b. The fundraising event cancellation 

must be the direct result of an order 

made by a civil authority responding 

to a "natural catastrophe" or a "communicable disease" outbreak during 

the "coverage term". 2. For Fundraising Event Cancellation 

Expense only, BUILDING AND PERSONAL PROPERTY COVERAGE 

FORM, SECTION G. DEFINITIONS is

amended to include the following:

a. "Communicable disease" means any 

disease or any related or resulting 

diseases, viruses, complexes, symptoms, manifestations, effects, conditions or illnesses, except this endorsement does not apply to any "loss" directly or indirectly attributable

to Anthrax, Avian Influenza, Crimean- Congo Hemorrhagic Fever, Dengue 

Hemorrhagic Fever, Ebola Hemorrhagic Fever, Francisella Tularensis, 

Influenza, Lassa Fever, Marburg 

Hemorrhagic Fever, Meningococcal 

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disease, Plague, Rift Valley Fever, 

Severe Acute Respiratory Syndrome, Smallpox, Tularemia, Yellow Fever or 

any pandemic or similar influenza 

which is defined by the United States

Center for Disease Control as virulent 

human influenza that may cause 

global outbreak, or pandemic, or serious illness. b. "Natural catastrophe" means hurricane, tornado, earthquake or flood.

The most we will pay for all fundraising event 

cancellation expenses under Fundraising 

Event Cancellation Expense in any one

"coverage term" is the Limit of Insurance indicated in the Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

F. Image Restoration and Counseling Expense

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages is amended to 

include the following:

Image Restoration and Counseling Expense

1. We will pay your "image restoration and

counseling expense" resulting from a

"covered event" that occurs during the

"coverage term". 2. For Image Restoration and Counseling 

Expense only, BUILDING AND PERSONAL PROPERTY COVERAGE 

FORM, SECTION G. DEFINITIONS is

amended to include the following:

a. "Covered event" means an actual or 

alleged act, attempt or threat of sexual misconduct or sexual molestation 

directed at one or more of your clients while in your care, custody and 

control, committed by you, any of 

your partners, directors, officers, employees, independent contractors or 

volunteers. b. "Image restoration and counseling 

expense" means reasonable fees

and expenses you necessarily incur 

after a "covered event" occurs for:

(1) The services of a public relations

or similar professional image

restoration organization to assist 

or advise you in order to minimize negative publicity and restore or otherwise positively 

communicate the image of your "operations".

(2) Legal counseling and professional psychological counseling

or other necessary professional 

mental health treatment for you, any of your partners, directors, officers or employees as a result 

of a "covered event". These "image restoration and counseling

expenses" are payable only if

and when the accused is acquitted or is discharged from being

accused of committing the "covered event".

(3) The recruitment of a replacement for an officer who has been 

relieved of their duties in your "operations" as a result of the

"covered event". The most we will pay for all "image restoration 

and counseling expense" under Image Restoration and Counseling Expense in any one "coverage term" is the Limit of Insurance indicated in the Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

G. Key Individual Replacement Expense

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Key Individual Replacement Expense

1. We will pay the reasonable "replacement 

expense" incurred, and not reimbursed by 

any other source, to replace your Chief 

Executive Officer or your Executive Director if your incumbent Chief Executive Officer or Executive Director is unable to continue due to death or permanent disability

resulting from an injury that takes place 

during the "coverage term". 2. For Key Individual Replacement Expense only, BUILDING AND PERSONAL

PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS, is amended to

include the following:

"Replacement expense" means:

a. Costs of advertising the employment 

position opening;

b. Travel, lodging, and meals incurred in 

interviewing job applicants for the position opening; and

c. Reasonable extra expenses incurred 

with our prior consent in finding, interviewing and negotiating with the 

job applicants including, but not limited to, overtime pay, costs to verify 

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the background and references of the 

applicants and legal expenses incurred to draw up employment contracts. The most we will pay for all "replacement expense" under Key Individual Replacement

Expense in any one "coverage term" is the 

Limit of Insurance indicated in the Bridge 

Schedule of Coverage Limits. Section I, R. Deductible applies.

H. Kidnap Expense

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to 

include the following:

Kidnap Expense

1. We will pay the reasonable "kidnap expense" incurred by you or your current director or officer as a result of the "kidnap" of a "covered person" that takes place

during the "coverage term". This coverage does not apply to any "kidnapping" by or at the direction of any past 

or present family member of the "covered

person". 2. For Kidnap Expense only, BUILDING

AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS 

is amended to include the following:

a. "Covered person" means:

(1) Any current director or officer of

the named insured; or

(2) The spouse, parent, or child of a

current director or officer of

the named insured. b. "Kidnap", "kidnapped", or "kidnapping" means the illegal taking and 

holding of a "covered person" by an 

individual who demands a "ransom". The "ransom" must specifically be 

demanded from your assets as a 

condition for the release of the "covered person". c. "Kidnap expense" means:

(1) Fees and expenses of an independent negotiator you have

hired with our prior approval; 

(2) Incurred interest of loans taken

for the purpose of paying "ransom", provided that the loan is

repaid within seven days of the

insured receiving reimbursement 

from us;

(3) Travel and accommodation expenses incurred by any current 

director or officer of the named

insured;

(4) Reward paid by the insured, with

our prior approval, to an "informant" for information which

leads to the arrest and conviction

of parties responsible for a "kidnapping", provided that the offer

of such reward is approved by 

the local law enforcement officials; and

(5) Gross salary including bonuses

and allowances paid by you to 

your "kidnapped" director or officer which is contractually due at 

the time the "kidnapping" occurs. The salary will be paid for a period beginning on the date of the

"kidnap" and will end upon the

earlier of:

(a) Up to 30 days after the release of the director or officer, if the director or officer

has not yet returned to work;

(b) The discovery of the death

of the director or officer;

(c) 120 days after we receive

the last credible evidence

following the "kidnapping"

that the director or officer is

still alive;

(d) 12 months after the date of

the "kidnapping"; or

(e) The exhaustion of the kidnap expense limit.

d. "Ransom" means money or other 

consideration demanded or paid for 

the release of a "covered person". The most we will pay for all "kidnap expense" under Kidnap Expense in any one "coverage 

term" is the Limit of Insurance indicated in the

Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

I. Lease Assessment 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages is amended to 

include the following:

Lease Assessment

Your Business Personal Property insurance 

coverage is extended to apply to your share of 

any assessment charged to all tenants by the 

building owner as a result of direct physical 

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damage caused by or resulting from a Covered Cause of Loss that occurs during the "coverage term" to building property you occupy at a "premises" as agreed to in your written lease agreement.

The most we will pay for all "loss" under Lease

Assessment in any one "coverage term" is the 

Limit of Insurance indicated in the Bridge

Schedule of Coverage Limits. Section I, R. Deductible applies.

J. Leasehold Improvements

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages is amended to 

include the following:

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 during the "coverage term" at a "premises" you occupy as

a tenant, and you cannot legally remove Tenant Improvements and Betterments, as described in SECTION A. COVERAGE, 1. Covered Property, d. Business Personal Property, (6) we will extend your Business Personal Property insurance coverage to apply to 

the unamortized value of Tenant Improvement 

and Betterment that remain and that you were 

forced to abandon.

The most we will pay for all "loss" under 

Leasehold Improvements in any one "coverage term" is the Limit of Insurance indicated in 

the Bridge Schedule of Coverage Limits. Section I, R. Deductible applies. K. Political Unrest Evacuation Expense

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Political Unrest Evacuation Expense

1. We will reimburse any current director, officer, employee or volunteer of the named 

insured for "emergency evacuation expense" that is incurred as the direct result 

of "political unrest" outside of the United

States of America, its territories and possessions, Puerto Rico or Canada. We will

only pay "emergency evacuation expense" directly related to traveling for your business pursuits and we will only pay "emergency evacuation expenses" not reimbursed by any other source. The "political

unrest" must occur in the country where 

your current director, officer, employee or

volunteer is traveling and the "political unrest" must occur during the "coverage 

term". No coverage is granted for travel to countries in a state of "political unrest" at the 

time of departure of the travel or countries

under a United States Department of 

State trade or travel restriction at the time 

of incident of "political unrest". 2. For Political Unrest Evacuation Expense only, BUILDING AND PERSONAL

PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS is amended to include the following:

a. "Emergency evacuation expense" means:

(1) Additional lodging expenses;

(2) Additional transportation costs;

(3) The cost of obtaining replacement of lost or stolen travel 

documents necessary for 

evacuation from the area of "political unrest"; and

(4) Translation services, message

transmittals and other communication expenses provided that 

these expenses are not otherwise reimbursable. b. "Political unrest" means:

(1) A short-term condition of disturbance, turmoil or agitation within 

a foreign country that poses imminent risks to the security of

citizens of the United States;

(2) A long-term condition of disturbance, turmoil or agitation that 

makes a foreign country dangerous or unstable for citizens of the

United States; or

(3) A condition of disturbance, turmoil or agitation in a foreign

country that constrains the

United States Government’s ability to assist citizens of the United

States, due to the closure or inaccessibility of an embassy or 

consulate or because of a reduction of its staff for which either an

alert or travel warning has been

issued by the United States Department of State. The most we will pay for all "emergency 

evacuation expenses" under Political Unrest 

Evacuation Expense in any one "coverage 

term" is the Limit of Insurance indicated in the 

Bridge Schedule of Coverage Limits.

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Section I, R. Deductible applies.

L. Premises Boundary Increase

Any reference to 1,000 feet in BUILDING AND 

PERSONAL PROPERTY COVERAGE 

FORM,

1. SECTION A. COVERAGE, 1. Covered 

Property, a. Building, (5)(b); or

2. SECTION A. COVERAGE, 1. Covered 

Property, b. Outdoor Signs; or 

3. SECTION A. COVERAGE, 1. Covered 

Property, d. Business Personal Property; or 

4. SECTION A. COVERAGE, 3. Covered 

Causes of Loss, c. Limitations, (2) 

Limitations - Various Property for

Specified Causes, (b), 1); or 

5. SECTION A. COVERAGE, 5. Coverage 

Extensions; or

6. SECTION A. COVERAGE, 5. Coverage 

Extensions, b. Business Income and 

Extra Expense, (1) Business Income; or

7. SECTION A. COVERAGE, 5. Coverage 

Extensions, b. Business Income and 

Extra Expense, (3) Tenant Premises, 

(b); or

8. SECTION A. COVERAGE, 5. Coverage 

Extensions, b. Business Income and 

Extra Expense, (5) Alterations and New

Buildings, (c); or 

9. SECTION A. COVERAGE, 5. Coverage 

Extensions, f. Fences;

is increased to 1,800 feet.

M. Temporary Meeting Space Expense

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Temporary Meeting Space Expense

We will reimburse you the meeting space

rental expense incurred, and not reimbursed 

by any other source, due to the temporary unavailability of your primary meeting office 

space on the "premises". The unavailability of

your primary meeting space must be the result 

of direct physical loss to a climate control system or hot water heater during the "coverage 

term". However, Temporary Meeting Space 

Expense does not apply to the renting of a 

temporary meeting space solely for use by

you, your "employees", your officers or directors unless the temporary meeting space is

also required for meeting with vendors, clients 

or customers outside your organization. 

The most we will pay for all temporary meeting 

space rental expenses under Temporary 

Meeting Space Expense in any one "coverage term" is the Limit of Insurance indicated in 

the Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

N. Travel Delay Expense

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Travel Delay Expense

1. We will reimburse your current director or 

officers any "travel delay expense" incurred, and not reimbursed by any other 

source, as a result of delay or cancellation

of any regularly scheduled travel on a 

commercial transportation carrier. The

regularly scheduled travel must be directly 

related to your business pursuits and the 

cause of the cancellation must occur during the "coverage term". However, we will 

only pay for "travel delay expense" first incurred seventy-two (72) hours after the

cancellation occurred.

We will not pay for "travel delay expense" due to a "certified act of terrorism". 2. For Travel Delay Expense only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS is amended to include the following:

a. "Certified act of terrorism" means an 

act that is certified by the Secretary of

the Treasury, in concurrence with the 

Secretary of State and the Attorney 

General of the United States, to be 

an act of terrorism pursuant to the 

federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified 

act of terrorism" include the following:

(1) The act resulted in insured

losses in excess of $5 million in

the aggregate, attributable to all 

types of insurance subject to the 

Terrorism Risk Insurance Act; 

and

(2) The act is a violent act or an act 

that is dangerous to human life, property or infrastructure and is

committed by an individual or individuals, as part of an effort to

coerce the civilian population of

the United States or to influence

the policy of affect the conduct of

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the United States Government 

by coercion.

b. "Travel delay expense" means the 

following travel-related expense for 

which your director or officer produces a receipt: 

(1) Meals and lodging;

(2) Alternative transportation;

(3) Clothing and necessary toiletries; 

or

(4) Emergency prescription and

non-prescription drug expenses.

The most we will pay for all "travel delay expense" under Travel Delay Expense in any 

once "coverage term" is the Limit of Insurance indicated in the Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

O. Unauthorized Business Card Use

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages is amended to 

include the following:

Unauthorized Business Card Use

1. We will pay for your loss of "money" or 

charges and costs you incur that result directly from the unauthorized use of credit, 

debit or charge cards issued in your business name, including:

(a) Fund transfer cards;

(b) Charge plates; or

(c) Telephone cards. 2. For this endorsement only, BUILDING

AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 

2. Property Not Covered, a. Accounts, 

Deeds, Money or Securities is deleted in 

its entirety and replaced with the following:

Accounts, Deeds, Money or Securities

Except as provided in SECTION A. 

COVERAGE, 4. Additional Coverages, Unauthorized Business Card 

Use; and 5. Coverage Extensions,

a. Accounts Receivable, Accounts, bills, currency, deeds, food stamps or 

other evidences of debt, "money", notes or "securities". 3. The most we will pay for all loss of money

or charges and costs under Unauthorized Business Card Use in any one "coverage term" is the Limit of Insurance

indicated in the Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

P. Unintentional Error in Description

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION E. ADDITIONAL CONDITIONS is amended to include

the following:

An unintentional error in the description of the 

occupancy or address of Covered Property will 

not impair this insurance, provided you report 

the error to us as soon as practicable after the

error becomes known to you.

Q. Workplace Violence Counseling Expense

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages is amended to 

include the following:

Workplace Violence Counseling Expense

1. We will reimburse you for emotional 

counseling expense incurred and not reimbursed by any other source resulting 

from a "workplace violence" incident at 

your "premises" during the "coverage 

term". The emotional counseling expenses incurred must have been for:

a. Your employees who were victims of, or witnesses to the "workplace violence";

b. The spouse, parents or children of

your employees who were victims of, or witnesses to the "workplace violence"; and

c. Any other person or persons who directly witnessed the "workplace violence" incident.

2. For Workplace Violence Counseling 

Expense only, BUILDING AND PERSONAL PROPERTY COVERAGE 

FORM, SECTION G. DEFINITIONS is

amended to include:

"Workplace violence" means any intentional use of deadly force by any person 

with intent to cause harm and that results

in physical injury or death of any person 

while on the insured’s "premises". The most we will pay for all emotional counseling expense under Workplace Violence 

Counseling Expense in any one "coverage 

term" is the Limit of Insurance indicated in the

Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

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R. Deductible

For this endorsement only, BUILDING AND 

PERSONAL PROPERTY COVERAGE 

FROM, SECTION C. DEDUCTIBLE is deleted 

in its entirety and replaced by the following:

We will not pay for an insured event in any one 

occurrence until the amount of the insured

event exceeds the Deductible indicated in the 

Bridge Schedule of Coverage Limits. We will 

then pay the amount of the insured event in

excess of the Deductible, up to the applicable

Limit of Insurance in the Bridge Schedule of

Coverage Limits in this endorsement.

SECTION II - CONDITIONS

A. For purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION D. LOSS 

CONDITIONS, 3. Duties In The Event of 

Loss or Damage, is deleted in its entirety and

replaced by the following:

3. Duties In The Event of an Insured 

Event

a. In the event of an insured event for 

which this coverage is sought, you 

must see that the following are done 

in order for coverage to apply:

(1) Notify the police if a law may 

have been broken; however, this

does not apply to SECTION I - COVERAGES, H. KIDNAP EXPENSE.

(2) Give us prompt notice of the insured event. Include a description of any property involved.

(3) As soon as possible, give us a

description of how, when and

where the insured event occurred.

(4) Take all reasonable steps to protect any property involved from 

further damage. If feasible, set 

the damaged property aside and

in the best possible order for examination. Keep a record of your 

expenses necessary to protect 

any property involved for consideration in the settlement of the

claim. This will not increase your

limit of insurance. However, in

no event will we pay for any subsequent insured event resulting

from a cause of loss that is not a

Covered Cause of Loss.

(5) At our request, give us complete

inventories of any damaged and

undamaged property. Include 

quantities, costs, values and the

amount claimed as the result of

the insured event.

(6) As often as may be reasonably 

required, permit us to inspect 

any property proving the insured

event and examine your books

and records. Also permit us to take samples 

of damaged and undamaged

property for inspection, testing

and analysis and permit us to

make copies from your books

and records.

(7) Submit a signed sworn proof of

loss containing the information

we request to investigate the

claim. You must do this within 60

days after our request. We will

supply you with the necessary 

forms.

(8) Cooperate with us in the investigation or settlement of the claim.

(9) If you intend to continue your 

business, you must resume all or 

part of your "operations" as

quickly as possible. b. We may examine any insured under 

oath, while not in the presence of any 

other insured and at such times as

may be reasonably required about 

any matter relating to this insurance 

or the claim, including an insured's

books and records. In the event of an

examination, an insured's answers

must be signed.

B. For purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION D. LOSS 

CONDITIONS, 3. Loss Payment, paragraphs

a. through h. are deleted in their entirety and

replaced by the following:

a. In the event of an event insured by this

Coverage Part, at our option, we will either:

(1) Pay the value of lost or damaged 

property;

(2) Pay the cost of repairing or replacing 

the lost or damaged property;

(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.

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We will determine the value of lost or 

damaged property, or the cost of its repair 

or replacement, in accordance with the 

applicable terms of SECTION D. LOSS 

CONDITIONS, 7. Valuation or any applicable provision that amends or supercedes this valuation condition.

b. The cost of repair or replacement does

not include the increased cost attributable 

to enforcement of any ordinance or law

regulating the construction, use or repair 

of any property, except as provided in

SECTION A. COVERAGE, 4. Additional 

Coverages, g. Ordinance or Law. c. We will give notice of our intentions within 

30 days after we receive the sworn proof

of loss. d. We will not pay you more than your financial interest in any property for which coverage is sought.

e. We may adjust amounts payable as the 

result of an insured event with the owners

of lost or damaged property if other than 

you. If we pay the owners, such payments

will satisfy your claims against us for the 

owners' property. We will not pay the 

owners more than their financial interest 

in the property for which coverage is

sought.

f. Our payment for "loss" to personal property of others and personal effects will 

only be for the account of the owner of the 

property.

g. We may elect to defend you against suits

arising from claims of owners of property. We will do this at our expense.

h. We will pay for an insured event within 30 

days after we receive the sworn proof of 

loss if you have complied with all of the 

terms of this Coverage Part; and

(1) We have reached agreement with 

you on the amount of the insured 

event; or

(2) An appraisal award has been made.

C. For purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION D. LOSS 

CONDITIONS, 7. Valuation, the first sentence

is deleted in its entirety and replaced by the 

following:

7. Valuation

We will determine the value of any property 

involved in the event of an insured event 

as follows:

a. At "Actual Cash Value" as of the time

of the insured event, except as provided in b., c., d., and e. below.

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BUSINESS INCOME (AND EXTRA EXPENSE)

COVERAGE FORM

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

and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The

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

Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION F. DEFINITIONS.

SECTION A. COVERAGE

Coverage is provided as described and limited below for one or more of the following options for

which a Limit of Insurance is shown in the Declarations:

a. Business Income including "Rental Value". b. Business Income other than "Rental Value". c. "Rental Value".

If option a. above is selected, the term Business 

Income will include "Rental Value". If option c.

above is selected, the term Business Income will

mean "Rental Value" only.

If Limits of Insurance are shown under more than

one of the above options, the provisions of this

Coverage Part apply separately to each. 1. Business Income

a. 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" to property at a "premises" which is

described in the Declarations and for 

which a Business Income Limit of Insurance is shown in the Declarations. The "loss" must be caused by or result from a 

Covered Cause of Loss. With respect to

"loss" to personal property in the open or 

personal property in a vehicle, the "premises" include the area within 1,000 feet of 

the site at which the "premises" are located. b. Business Income means the:

(1) Net Income (Net Profit or Loss before 

income taxes) that would have been 

earned or incurred; and

(2) Continuing normal operating expenses incurred, including payroll.

c. If you are a tenant and occupy only part of 

the site at which the "premises" are located, for the purposes of this Coverage

Part only, your "premises" is the portion of 

the building which you rent, lease or occupy, including:

(1) Any area within the building or on the 

site at which the "premises" are located if that area services or is used 

to gain access to the described

"premises".

(2) Your personal property in the open 

(or in a vehicle) within 1,000 feet.

2. Extra Expense

a. We will pay the actual and necessary Extra Expense you incur due to direct physical "loss" to property at a "premises" which is described in the Declarations and 

for which an Extra Expense Limit of Insurance is shown in the Declarations. The "loss" must be caused by or result 

from a Covered Cause of Loss. With respect to "loss" to personal property in the 

open or personal property in a vehicle, the

"premises" include the area within 1,000 

feet of the site at which the "premises" are 

located. b. Extra Expense means necessary expenses you incur during the "period of 

restoration" that you would not have incurred if there had been no direct physical "loss" to property caused by or resulting 

from a Covered Cause of Loss. Coverage 

pertains to expenses incurred (other than 

the expense to repair or replace property) 

to:

(1) Avoid or minimize the "suspension" of

business and to continue "operations":

(a) At the "premises"; or

(b) At replacement locations or at 

temporary locations, including:

1) Relocation expenses; and

2) Costs to equip and operate

the replacement or temporary locations.

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(2) Minimize the "suspension" of business if you cannot continue "operations".

(3) To the extent it reduces the amount 

of "loss" that otherwise would have 

been payable under this Coverage 

Part, we will pay any Extra Expense 

to:

(a) Repair or replace any property; 

or

(b) Research, replace or restore the

lost information on damaged "valuable papers and records". However, if any property obtained for 

temporary use during the "period of restoration" remains after the resumption of 

normal "operations", the amount we will 

pay under this Coverage will be reduced 

by the salvage value of that property.

c. If you are a tenant and occupy only part of 

the site at which the "premises" are located, for the purposes of this Coverage 

Part only, your "premises" is the portion of 

the building which you rent, lease or occupy, including:

(1) Any area within the building or on the 

site at which the "premises" are located if that area services or is used 

to gain access to the described "premises".

(2) Your personal property in the open 

(or in a vehicle) within 1,000 feet.

3. Covered Causes of Loss

See BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of Loss. 4. Limitation for Electronic Data

a. Coverage for Business Income does not 

apply when a "suspension" of "operations"

is caused by destruction or corruption of "electronic data", or any "loss" to "electronic data", except as provided under 

SECTION A. COVERAGE, 5. Additional 

Coverages, d. Interruption of Computer

Operations. b. Coverage for Extra Expense does not apply when action is taken to avoid or minimize a "suspension" of "operations" caused by destruction or corruption of "electronic data", or any "loss" to "electronic data", except as provided under 

SECTION A. COVERAGE, 5. Additional 

Coverages, d. Interruption of Computer

Operations.

5. Additional Coverages

The Additional Coverages are not additional 

Limits of Insurance.

a. Civil Authority

We will pay for the actual loss of Business

Income you sustain and necessary Extra 

Expense caused by action of civil authority that prohibits access to the "premises" due to direct physical "loss" to property, 

other than at the "premises", caused by or 

resulting from any Covered Cause of 

Loss. This coverage for Business Income will 

begin immediately after the time of that 

action and will apply for a period of up to 

30 days from the date of that action. This coverage for Extra Expense will begin immediately after the time of that action and will end:

(1) 30 consecutive days after the time of

that action; or

(2) When your Business Income coverage ends;

whichever is later.

b. Alterations and New Buildings

We will pay for the actual loss of Business

Income you sustain and necessary Extra 

Expense you incur due to direct physical "loss" at the "premises" caused by or resulting from any Covered Cause of Loss

to:

(1) New buildings or structures, whether

complete or under construction;

(2) Alterations or additions to existing 

buildings or structures; and

(3) Machinery, equipment, supplies or 

building materials located on or within 

1,000 feet of the "premises" and:

(a) Used in the construction, alterations or additions; or

(b) Incidental to the occupancy of

new buildings.

If such direct physical "loss" delays the 

start of "operations", the "period of restoration" for Business Income Coverage will 

begin on the date "operations" would have

begun if the direct physical "loss" had not 

occurred.

c. Extended Business Income

(1) Business Income Other Than "Rental 

Value"

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If the necessary "suspension" of your "operations" produces a Business Income loss payable under this Coverage Part, we will pay for the actual 

loss of Business Income you incur 

during the period that:

(a) Begins on the date property (except "finished stock") 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 level

which would generate the

business income amount

that would have existed if no

direct physical "loss" had

occurred; or

(ii) 60 consecutive days after

the date determined in

(1)(a) above. However, Extended Business Income

does not apply to loss of Business Income incurred as a result of unfavorable business conditions caused by 

the impact of the Covered Cause of

Loss in the area where the "premises" are located. Loss of Business Income must be

caused by direct physical "loss" at the "premises" caused by or resulting

from any Covered Cause of Loss.

(2) "Rental Value"

If the necessary "suspension" of your "operations" produces a "Rental 

Value" loss payable under this Coverage Part, we will pay for the actual 

loss of "Rental Value" you incur during the period that:

(a) Begins on the date property is

actually repaired, rebuilt or replaced and tenantability is restored; and

(b) Ends on the earlier of:

(i) The date you could restore

tenant occupancy, with reasonable speed, to the level

which would generate the

"Rental Value" that would

have existed if no direct

physical "loss" had occurred; or

(ii) 60 consecutive days after

the date determined in

(2)(a) above.

However, Extended Business Income

does not apply to loss of "Rental 

Value" incurred as a result of unfavorable business conditions caused 

by the impact of the Covered Cause 

of Loss in the area where the "premises" are located. Loss of "Rental Value" must be 

caused by direct physical "loss" at the 

described "premises" caused by or 

resulting from any Covered Cause of

Loss. d. Interruption of Computer Operations

(1) Subject to all provisions of this Additional Coverage, you may extend the 

insurance that applies to Business

Income and Extra Expense to apply

to a "suspension" of "operations" 

caused by an interruption in computer 

operations due to destruction or corruption of "electronic data" due to a 

Covered Cause of Loss.

(2) The Covered Causes of Loss include 

a virus, harmful code or similar instruction introduced into or enacted 

on a computer system (including "electronic data") or a network to 

which it is connected, designed to 

damage or destroy any part of the 

system or disrupt its normal operation. But there is no coverage for an 

interruption related to manipulation of

a computer system (including "electronic data") by any employee, including a temporary or leased employee, 

or by an entity retained by you or for 

you to inspect, design, install, maintain, repair or replace that system.

(3) The most we will pay under this Additional Coverage - Interruption of 

Computer Operations is $2,500 for 

all "loss" sustained and expense incurred in any "coverage term", regardless of the number of interruptions or the number of "premises", locations or computer systems involved. If loss payment relating to 

the first interruption does not exhaust 

this amount, then the balance is

available for "loss" or expense sustained or incurred as a result of subsequent interruptions in that "coverage term". A balance remaining at 

the end of a "coverage term" does

not increase the amount of insurance 

in the next "coverage term". With respect to any interruption which begins

in one "coverage term" and continues

or results in additional loss or expense in that subsequent "coverage 

term", all "loss" and expense is

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deemed to be sustained or incurred 

in the "coverage term" in which the 

interruption began.

(4) This Additional Coverage - Interruption in Computer Operations does

not apply to "loss" sustained or expense incurred after the end of the

"period of restoration", even if the 

amount of insurance stated in paragraph (3) of this Additional Coverage 

has not been exhausted. 6. Coverage Extension

The limit applicable to the Coverage Extension 

is in addition to the Limit of Insurance. SECTION D. ADDITIONAL CONDITION, 1. Coinsurance does not apply to this Coverage Extension.

Newly Acquired Locations

a. You may extend your Business Income 

and Extra Expense Coverages to apply to 

property at any location you acquire other 

than property situated at fairs or exhibitions. b. The most we will pay for "loss" under this

Extension for the sum of Business Income loss and Extra Expense incurred is

$100,000 at each location.

c. Insurance under this Extension for each 

newly acquired location will end when any

of the following first occurs:

(1) This policy expires;

(2) 90 days pass from the date you acquire your new building or business

personal property or begin construction on that part of the building that 

would qualify as Covered Property; or

(3) You report values to us. We will charge you additional premium for 

values reported from the date construction begins on that part of the building that 

would qualify as Covered Property, or you 

acquire the new property. SECTION B. LIMITS OF INSURANCE

The most we will pay for "loss" in any one occurrence is the applicable Limit of Insurance shown in

the Declarations. SECTION C. LOSS CONDITIONS

The following conditions apply in addition to the

COMMON POLICY CONDITIONS and the COMMERCIAL PROPERTY CONDITIONS.

1. Appraisal

If we and you disagree on the amount of Net 

Income and operating expense or the amount 

of "loss", either may make written demand for 

an appraisal of the "loss". In this event, each 

party will select a competent and impartial appraiser.

The two appraisers will select an umpire. If

they cannot agree, either may request that selection be made by a judge of a court having 

jurisdiction. The appraisers will state separately the amount of Net Income and operating

expense or 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.

2. Duties in the Event of Loss

a. You must see that the following are done 

in the event of "loss":

(1) Notify the police if a law may have 

been broken.

(2) Give us prompt notice of the direct 

physical "loss". Include a description

of the property involved.

(3) As soon as possible, give us a description of how, when, and where 

the direct physical "loss" occurred.

(4) Take all reasonable steps to protect 

the Covered Property from further 

damage, and keep a record of your 

expenses necessary to protect the 

Covered Property, for consideration 

in the settlement of the claim. This

will not increase the Limit of Insurance. However, we will not pay for 

any subsequent "loss" resulting from 

a cause of loss that is not a Covered

Cause of Loss. Also, if feasible, set 

the damaged property aside and in 

the best possible order for examination.

(5) As often as may be reasonably required, permit us to inspect the property proving the "loss" and examine 

your books and records. Also permit us to take samples of

damaged and undamaged property 

for inspection, testing and analysis, and permit us to make copies from 

your books and records.

(6) Send us a signed, sworn proof of loss

containing the information we request 

to investigate the claim. You must do 

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this within 60 days after our request. 

We will supply you with the necessary 

forms.

(7) Cooperate with us in the investigation

or settlement of the claim.

(8) If you intend to continue your business, you must resume all or part of 

your "operations" as quickly as possible. b. We may examine any insured under oath, 

while not in the presence of any other insured and at such times as may be reasonably required, about any matter relating to this insurance or the claim, including an insured's books and records. In 

the event of an examination, an insured's

answers must be signed.

3. Loss Determination

a. The amount of Business Income "loss" will be determined based on:

(1) The Net Income of the business before the direct physical "loss" occurred;

(2) The likely Net Income of the business

if no physical "loss" had occurred, but 

not including any Net Income that 

would likely have been earned as a 

result of an increase in the volume of

business due to favorable business

conditions caused by the impact of

the Covered Cause of Loss on customers or on other businesses;

(3) The operating expenses, including 

payroll expenses, necessary to resume "operations" with the same 

quality of service that existed just before the direct physical "loss"; and

(4) Other relevant sources of information, including;

(a) Your financial records and accounting procedures;

(b) Bills, invoices and other vouchers; and

(c) Deeds, liens or contracts. b. The amount of Extra Expense will be determined based on:

(1) All expenses that exceed the normal 

operating expenses that would have 

been incurred by "operations" during 

the "period of restoration" if no direct 

physical "loss" had occurred. We will 

deduct from the total of such expenses:

(a) The salvage value that remains

of any property bought for temporary use during the "period of

restoration", once "operations" are resumed; and

(b) Any Extra Expense that is paid

for by other insurance, except for 

insurance that is written subject 

to the same plan, terms, conditions and provisions as this insurance; and

(2) Necessary expenses that reduce the 

Business Income "loss" that otherwise would have been incurred.

c. Resumption of Operations

We will reduce the amount of your:

(1) 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 "premises" or elsewhere.

(2) Extra Expense "loss" to the extent 

you can return "operations" to normal

and discontinue such Extra Expense.

d. 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. Loss Payment

We will pay for insured "loss" within 30 days 

after we receive the sworn proof of loss, if you 

have complied with all of the terms of this 

Coverage Part and

a. We have reached agreement with you on 

the amount of "loss"; or

b. An appraisal award has been made.

SECTION D. ADDITIONAL CONDITION

1. Coinsurance

If a Coinsurance percentage is shown in the 

Declarations, the following condition applies in 

addition to the COMMON POLICY CONDITIONS and the COMMERCIAL PROPERTY 

CONDITIONS.

We will not pay the full amount of any Business Income "loss" if the Limit of Insurance for 

Business Income is less than:

a. The Coinsurance percentage shown for 

Business Income in the Declarations; 

times

b. The sum of:

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(1) The Net Income (Net Profit or Loss

before income taxes), and

(2) Operating expenses, including payroll

expenses,

that would have been earned or incurred 

(had no "loss" occurred) by your "operations" at the "premises" for the 12 months

following the inception, or last previous

anniversary date, of this Coverage Part 

(whichever is later).

Instead, we will determine the most we will pay

using the following steps:

1. Multiply the Net Income and operating expense for the 12 months following the inception, or last previous anniversary date, 

of this Coverage Part by the Coinsurance 

percentage;

2. Divide the Limit of Insurance for the described "premises" by the figure determined in Step 1.; and

3. Multiply the total amount of "loss" by the 

figure determined in Step 2.

We will pay the amount determined in Step 3. or the limit of insurance, whichever is less. For the remainder, you will either have to rely

on other insurance or absorb the "loss" yourself.

In determining operating expenses for the purpose of applying the Coinsurance condition, 

the following expenses, if applicable, shall be 

deducted from the total of all operating expenses:

1. Prepaid freight - outgoing;

2. Returns and allowances;

3. Discounts;

4. Bad debts;

5. Collection expenses;

6. Cost of raw stock and factory supplies

consumed (including transportation 

charges);

7. Cost of merchandise sold (including 

transportation charges);

8. Cost of other supplies consumed (including transportation charges);

9. Cost of services purchased from outsiders (not employees) to resell, that do not 

continue under contract;

10. Power, heat and refrigeration expenses

that do not continue under contract (if 

form CP 15 11 is attached);

11. All ordinary payroll expenses or the 

amount of payroll expense excluded (if 

form FA 465 is attached); and

12. Special deductions for mining properties

(royalties unless specifically included in

coverage; actual depletion commonly

known as unit or cost depletion - not percentage depletion; welfare and retirement 

fund charges based on tonnage; hired 

trucks).

Example No. 1 (Underinsurance):

When: The Net Income and

operating expenses

for the 12 months

following the inception, or last previous anni- versary date of this

Coverage Part at the "premises" would have been $400,000

The Coinsurance

percentage is 50%

The Limit of Insurance

is $150,000

The amount of "loss" is $80,000

Step 1: $400,000 X 50% = $200,000

(the minimum amount of insurance to 

meet your Coinsurance requirements)

Step 2: $150,000 ÷ $200,000 = .75

Step 3: $ 80,000 X .75 = $60,000

We will pay no more than $60,000. The remaining

$20,000 is not covered. Example No. 2 (Adequate Insurance):

When: The Net Income and

operating expenses

for the 12 months

following the inception, or last previous

anniversary date of

this Coverage Part at the

"premises" would

have been $400,000

The Coinsurance

percentage is 50%

The Limit of Insurance

is $200,000

The amount of "loss" is $80,000

The minimum amount of insurance to meet 

your Coinsurance requirement is $200,000 

($400,000 x 50%). Therefore, the Limit of Insurance in this Example is adequate and no 

penalty applies. We will pay no more than 

$80,000 (amount of "loss").

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This condition does not apply to Extra Expense. 

SECTION E. OPTIONAL COVERAGES

If shown as applicable in the Declarations, the following Optional Coverages apply separately to 

each item.

1. Maximum Period of Indemnity

a. SECTION D. ADDITIONAL CONDITIONS, 1. Coinsurance does not apply to

this Coverage Part at the "premises" to 

which this Optional Coverage applies. b. The most we will pay for the total of Business Income "loss" and Extra Expense is

the lesser of:

(1) The amount of Business income "loss" sustained and Extra Expense 

incurred during the 120 days immediately following the beginning of the "period of restoration"; or

(2) The Limit of Insurance shown in the

Declarations. 2. Monthly Limit of Indemnity

a. SECTION D. ADDITIONAL CONDITIONS, 1. Coinsurance does not apply to 

this Coverage Part at the "premises" to 

which this Optional Coverage applies. b. The most we will pay for loss of Business

Income in each period of 30 consecutive 

days after the beginning of the "period of 

restoration" is:

(1) The Limit of Insurance, multiplied by

(2) The fraction shown in the Declarations for this Optional Coverage. Example:

When: The Limit of Insurance is $120,000

The fraction shown in

the Declarations for

this Optional Coverage is 1/4

The most we will pay

for "loss" in each period

of 30 consecutive days is:

$120,000 X 1/4 = $30,000

If, in this example, the actual amount of "loss" is:

Days 1-30 $40,000

Days 31-60 20,000

Days 61-90 30,000

$90,000

We will pay:

Days 1-30 $30,000

Days 31-60 20,000

Days 61-90 30,000

$80,000

The remaining $10,000 is not

covered. 3. Business Income Agreed Value

a. To activate this Optional Coverage:

(1) A Business Income Report/Work

Sheet must be made a part of this

Coverage Part and must show financial data for your "operations":

(a) During the 12 months prior to the

date of the Work Sheet; and

(b) Estimated for the 12 months

immediately following the inception of this Optional Coverage.

(2) The Declarations must indicate that 

the Business Income Agreed Value 

Optional Coverage applies, and an 

Agreed Value must be shown on the 

Declarations. The Agreed Value 

should be at least equal to:

(a) The Coinsurance percentage

shown in the Declarations; multiplied by

(b) The amount of Net Income and

Operating Expenses for the following 12 months you report on

the Work Sheet.

b. Except as noted in c. below, the ADDITIONAL CONDITION Coinsurance, is 

suspended until the expiration date of this

Coverage Part.

c. We will reinstate the ADDITIONAL CONDITION Coinsurance, automatically if 

you do not submit a new Work Sheet and 

Agreed Value:

(1) When you request a change in your 

Business Income Limit of Insurance; 

or

(2) When you request the coinsurance 

percentage be changed on the Work

Sheet.

d. If the Business Income Limit of Insurance 

is less than the Agreed Value, we will not 

pay more of any "loss" than the amount of "loss" multiplied by:

(1) The Business Income Limit of Insurance; divided by

(2) The Agreed Value. Example:

When: The Limit of Insurance

is $100,000

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The Agreed Value is $200,000

The amount of "loss" is $ 80,000

Step (a): $100,000 ÷ $200,000 = .50

Step (b): .50 X $80,000 = $40,000

We will pay $40,000. The remaining $40,000 is not

covered. 4. Extended Period of Indemnity

In SECTION A. COVERAGE, 5. Additional 

Coverages, c. Extended Business Income, 

the number "60" in Subparagraphs (1)(b) and

(2)(b) is replaced by the number shown in the

Declarations for this Optional Coverage.

SECTION F. DEFINITIONS

1. "Computer programs" 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.

2. "Coverage term" means the following individual increment, or if a multi-year policy period, 

increments, of time, which comprise the policy

period of this Coverage Part: 

a. The year commencing on the Effective 

Date of this Coverage Part at 12:01 A.M. 

standard time at your mailing address

shown in the Declarations, and if a multi- year policy period, each consecutive annual period thereafter, or portion thereof if 

any period is for a period of less than 12 

months, constitute individual "coverage 

terms". The last "coverage term" ends at 

12:00 A.M. standard time at your mailing 

address shown in the Declarations on the 

earlier of:

(1) The day the policy period shown in 

the Declarations ends; or

(2) The day the policy to which this Coverage Part is attached is terminated 

or cancelled.

b. However, if after the issuance of this Coverage Part, any "coverage term" is extended for an additional period of less

than 12 months, that additional period of 

time will be deemed to be part of the last 

preceding "coverage term". 3. "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.

4. "Finished Stock" means stock you have 

manufactured.

"Finished Stock" also includes whiskey and alcoholic products being aged, unless there is a 

Coinsurance percentage shown for Business 

Income in the Declarations.

"Finished stock" does not include stock you 

have manufactured that is held for sale on the "premises" of any retail outlet insured under 

this Coverage Part.

5. "Loss" means accidental loss or damage. 6. "Operations" means:

a. Your business activities occurring at the "premises"; and

b. The tenantability of the "premises", if coverage for Business Income including "Rental Value" or "Rental Value" applies.

7. "Period of Restoration" means the period of

time that:

a. Begins at the time of direct physical "loss".

b. Ends on the earlier of:

(1) The date when the property at the "premises" should be repaired, rebuilt 

or replaced with reasonable speed 

and similar quality; or

(2) The date when business is resumed 

at a new permanent location.

c. "Period of restoration" does not include 

any increased period required due to the 

enforcement of any ordinance or law that:

(1) Regulates the construction, use or 

repair, or requires the tearing down of

any property; or

(2) 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".

d. The expiration date of the Coverage Part 

will not cut short the "period of restoration". 8. "Pollutants" means any solid, liquid, gaseous 

or thermal irritant or contaminant, including 

smoke, vapor, soot, fumes, acids, alkalis, chemicals, petroleum and petroleum by- products, and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Pollutants" include but are not limited to substances which are generally recognized in industry or government to be harmful or toxic to 

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rectly or indirectly by the "pollutants" and 

whether:

a. You are regularly or otherwise engaged in 

activities which taint or degrade the environment; or

b. You use, generate or produce the "pollutant". 9. "Premises" means the Location of Premises

described in the Declarations. 10. "Rental Value" means Business Income that

consists of:

a. Net Income (Net Profit or Loss before income taxes) that would have been earned 

or incurred as rental income from tenant 

occupancy of the "premises" described in 

the Declarations as furnished and 

equipped by you, including fair rental 

value of any portion of the "premises" which is occupied by you; and

b. Continuing normal operating expenses incurred in connection with that "premises", 

including:

(1) Payroll; and

(2) The amount of charges, which are 

the legal obligation of the tenant(s) 

but would otherwise be your obligations. 11. "Suspension" means:

a. The slowdown or cessation of your business activities; and

b. That a part or all of the "premises" is rendered untenantable if coverage for Business Income including "Rental Value" or "Rental Value" applies. 12. "Valuable Papers and Records" means inscribed, printed or written documents, manuscripts or records, including abstracts, books, card index systems, deeds, drawings, films, maps, mortgages, or proprietary information. 

But "valuable papers and records" does not 

mean "money" or "securities" or "electronic 

data", including the materials on which the "electronic data" is recorded.

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