IA 4443 04 14

The Cincinnati Insurance Company

The Cincinnati Casualty Company

The Cincinnati Indemnity Company

Policy Number:

Effective Date:

Named Insured:

For professional advice and policy questions or changes, please contact your local independent agency:

Dear Policyholder:

Thank you

Thank you for trusting The Cincinnati Insurance Companies with your commercial insurance coverage. We 

recognize that locally based independent agents have the working knowledge to help you choose the right 

insurance company for your needs. Together with your local independent insurance agency, we are committed

to providing you with the highest level of service.

Please review your enclosed policy information to verify your coverage details, as well as deductibles and

coverage amounts. Should your needs change, your agent is available to review and update your policy.

Please promptly report claims

If you experience a policy-related loss, you may report it by contacting your local professional independent

agency representing The Cincinnati Insurance Companies or by directly calling us toll-free at 877-242-2544

and providing your policy number and claim-related information.

Sincerely,

Steve Spray

Senior Vice President - Commercial Lines

ECP 026 96 01

10-14-2017

SANDY POINT DENTAL PC

WEST'S INSURANCE AGENCY, INC.

1225 TRI STATE PKWY STE 500

GURNEE, IL 60031-9163

847-623-0456

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IA4465 (01/16)

The Cincinnati Insurance Company n The Cincinnati Indemnity Company

The Cincinnati Casualty Company

Today's Date:

To:

Policy Number:

Expiration Date:

Agency:

Data privacy management services and resources added to your insurance policy

Dear Policyholder:

Your policy includes Cincinnati Data DefenderTM coverage for an additional premium. This data privacy 

exposure coverage helps safeguard your business against the potentially costly risk of a data breach and 

assists you in the event of identity theft. Please save this information so you can access all the tools and 

resources that come with your cyber protection coverage. Refer to Cincinnati Data Defender Coverage Form, HC102, for a complete statement of coverages, exclusions and limits of insurance.

Policyholder tools and resources

Data breach portal – For your convenience, Cincinnati policyholders who purchase Data Defender coverage

gain access to www.eriskhub.com/cic, a website that provides you with the comprehensive, on-demand 

resources you need to:

• Prepare in advance:

- Access online resources when you need them

- Create your breach response plan from the template 

- Learn about breach laws that apply to your business

• Review risk management resources:

- Use the compliance reference guide and notification letter examples

- Locate credit bureau and government agency notification information

- Learn how to contact data risk management experts for more help

• Manage your breach response:

- Call the help line for breach information and assistance

- Arrange assistance with notification letters

- Access public relations resources to help you respond to the media

The first time you visit this website, please complete new user registration using this information:

Access code = 12116-868

Identity theft services - This coverage also includes case management services and reimbursement for 

covered expenses if you, as a business owner, become the victim of identity theft or account takeover. If you 

suspect that you may be an identity theft victim or you have questions, please call our Identity Recovery Help

Line, 866-219-9831.

08-08-2017

SANDY POINT DENTAL PC

ECP 026 96 01

10-14-2020

WEST'S INSURANCE AGENCY, INC. 12-171

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Page 2 of 2

IA4465 (01/16)

Claims services

If you suspect or know that a data breach may have exposed or compromised your organization's private, 

customer or personal data, a swift response is critical for your protection. Please note that the Web portal and

help line provide advice and information, and using them does not satisfy any notice of claim requirement. The 

only way to report a claim is to contact your independent agent or call us directly, 877-242-2544. Your agent 

and Cincinnati Insurance will work with you to help preserve your company's goodwill, prevent regulatory 

sanctions or fines, avoid civil litigation and safeguard your business reputation.

While we believe this is valuable coverage to have in today's world, you may have it removed from your policy 

by notifying your agent.

Additional cyberattack coverage

To round out your cyber risk liability insurance, consider adding Cincinnati Network DefenderTMcoverage for

the computer systems and data that are integral to your business. This valuable protection pays the covered 

costs associated with restoring computer software and recovering data following a cyberattack. It also protects

you against third-party liabilities you may incur as a result of your computer system's security failure. Please

see the enclosed brochure for details.

You can purchase Cincinnati Network Defender with a coverage limit of $100,000 for an annual premium of

$ . Please contact your independent agent representing Cincinnati to add this coverage 

to your policy or to request quotes for higher coverage limits. This quote is valid for sixty (60) days from the 

date of this letter.

Thank you for trusting your agent and Cincinnati to protect your business.

Sincerely,

Commercial Lines

Enclosure: Cincinnati Network Defender brochure, Adv. 715

300

COMMERCIAL LINES DEPARTMENT

Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 4 of 340 PageID #:17
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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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

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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

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IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998

COMMON POLICY CONDITIONS

All Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation

1. The first Named Insured shown in the

Declarations may cancel this policy by

mailing or delivering to us advance written notice of cancellation.

2. We may cancel this policy by mailing or

delivering to the first Named Insured

written notice of cancellation at least:

a. 10 days before the effective date of

cancellation if we cancel for nonpayment of premium; or

b. 30 days before the effective date of

cancellation if we cancel for any

other reason.

3. We will mail or deliver our notice to the

first Named Insured's last mailing address

known to us.

4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date.

5. If this policy is cancelled, we will send the

first Named Insured any premium refund

due. If we cancel, the refund will be pro

rata. If the first Named Insured cancels,

the refund may be less than pro rata.

The cancellation will be effective even if

we have not made or offered a refund.

6. If notice is mailed, proof of mailing will be

sufficient proof of notice.

B. Changes

This policy contains all the agreements between you and us concerning the insurance

afforded. The first Named Insured shown in

the Declarations is authorized to make

changes in the terms of this policy with our

consent. This policy's terms can be amended

or waived only by endorsement issued by us

and made a part of this policy.

C. Examination of Your Books and Records

We may examine and audit your books and

records as they relate to this policy at any

time during the policy period and up to three

years afterward.

D. Inspections and Surveys

1. We have the right to:

a. Make inspections and surveys at any

time;

b. Give you reports on the conditions

we find; and

c. Recommend changes.

2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do

undertake relate only to insurability and

the premiums to be charged. We do not

make safety inspections. We do not undertake to perform the duty of any person

or organization to provide for the health

or safety of workers or the public. And

we do not warrant that conditions:

a. Are safe or healthful; or

b. Comply with laws, regulations, codes

or standards.

3. Paragraphs 1. and 2. of this condition

apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations.

4. Paragraph 2. of this condition does not

apply to any inspections, surveys, reports

or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of

boilers, pressure vessels or elevators.

E. Premiums

The first Named Insured shown in the Declarations:

1. Is responsible for the payment of all premiums; and

2. Will be the payee for any return premiums we pay.

F. Transfer of Your Rights and Duties Under

this Policy

Your rights and duties under this policy may

not be transferred without our written consent

except in the case of death of an individual

named insured.

If you die, your rights and duties will be

transferred to your legal representative but

only while acting within the scope of duties as

your legal representative. Until your legal representative is appointed, anyone having

proper temporary custody of your property will

have your rights and duties but only with respect to that property.

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ICP 101 05 11

CinciPakTM

SUMMARY OF PREMIUMS CHARGED

Attached to and forming part of

POLICY NUMBER: Effective Date:

Named Insured:

THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE

PARTS FOR WHICH A PREMIUM CHARGE IS INDICATED

Commercial Property Coverage Part $

Commercial General Liability Coverage Part $

Commercial Crime Coverage Part $

Electronic Data Processing Equipment Coverage Part $

Commercial Auto Coverage Part $

Commercial Umbrella / Excess Liability Coverage Part $

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

Terrorism Coverage $

Installment Charge $

$

PAYMENTS

First Remaining

Installment Installment(s)

Automobile Coverages, Employers Liability, Employment Practices Liability Coverage, Professional Liability 

Coverage, Terrorism Coverage and / or Wrongful Acts Coverage, if included in the policy, are subject to Annual 

Adjustment of rates and premium on each anniversary of the policy. Commercial Umbrella and Excess Liability, if included in the policy, may be subject to Annual Adjustment of

premium on each anniversary. Refer to the Commercial Umbrella or Excess Liability Coverage Part 

Declarations form to see if this is applicable.

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED

ECP 026 96 01 / EBA 026 96 01 10-14-2017

SANDY POINT DENTAL PC

W/EBC 3,002

643

65

52

135

DATA DEFENDER COVERAGE PART 186

DENTIST'S PROFESSIONAL LIABILITY 3,200

33

ANNUAL TOTAL 7,316

ANNUAL 7,316 7,316

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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

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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

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IA 4236 01 15

POLICYHOLDER NOTICE

TERRORISM INSURANCE COVERAGE

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

DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT

DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE 

UNDER THE POLICY.

Your policy may contain coverage for certain losses caused by terrorism.

Premium:

In accordance with the federal Terrorism Risk Insurance Act, we are required to notify you of the portion of the

premium, if any, attributable to the coverage for terrorist acts certified under the Terrorism Risk Insurance Act.

• Refer to the SUMMARY OF PREMIUMS CHARGED or DECLARATIONS PAGE for the portion of your 

premium that is attributable to coverage for terrorist acts certified under the Act.

Federal Participation:

The Act also requires us to provide disclosure of federal participation in payment of terrorism losses.

• Under your policy, any losses caused by certified acts of terrorism would be partially reimbursed by the 

United States Government, Department of Treasury, under a formula established by federal law. Under 

this formula, the federal share equals a percentage, as specified in the Schedule below, of that portion of 

the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate

insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 

billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such

losses that exceeds $100 billion.

• Schedule:

Federal Share of Terrorism Losses

Percentage Calendar Year

85% 2015

84% 2016

83% 2017

82% 2018

81% 2019

80% 2020

Cap on Insurer Participation:

If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed

$100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with 

procedures established by the Secretary of the Treasury.

NOTE: IF YOUR POLICY IS A RENEWAL POLICY, THIS NOTICE IS PROVIDED TO SATISFY THE 

REQUIREMENTS UNDER THE TERRORISM RISK INSURANCE ACT FOR POLICYHOLDER 

DISCLOSURE: (1) AT THE TIME OF OUR OFFER TO RENEW THE POLICY AND (2) AT THE 

TIME THE RENEWAL IS COMPLETED.

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IA 4433 IL 03 17

IMPORTANT POLICYHOLDERS NOTICE - ILLINOIS

Part 919 of the Rules of the Illinois Department of Insurance requires that our company advise you that if you

wish to contact the Illinois Department of Insurance, it maintains a Consumer Division at:

122. S. Michigan Ave., 19th Floor, Chicago, Illinois 60603; and

320 West Washington Street, Springfield, Illinois 62767,

You may also reach the Illinois Department of Insurance at http://insurance.illinois.gov; or 

312-814-2420 or 217-782-4515.

Should you have any complaints arise regarding this insurance you may contact the following:

Complaint Department of The Cincinnati Insurance Company at P.O. Box 145496, Cincinnati, Ohio, 45250- 5496.

Public Service Section of the Department of Insurance at Illinois Department of Insurance, Consumer Division, Springfield, Illinois, 62767.

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IP 409IL (1/91)

IMPORTANT INFORMATION TO POLICYHOLDERS

ILLINOIS

In the event you need to contact someone about this policy for any reason, please contact your agent. If you

have additional questions, you may contact the insurance company issuing this policy at the following address or telephone collect:

The Cincinnati Insurance Company

P.O. Box 145496

Cincinnati, Ohio 45250-5496

Telephone (513) 870-2278

The Cincinnati Casualty Company

P.O. Box 145496

Cincinnati, Ohio 45250-5496

Telephone (513) 870-2278

The Cincinnati Indemnity Company

P.O. Box 145496

Cincinnati, Ohio 45250-5496

Telephone (513) 870-2278

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IP 446 08 01

THE CINCINNATI INSURANCE COMPANY

THE CINCINNATI CASUALTY COMPANY

THE CINCINNATI INDEMNITY COMPANY

NOTICE TO POLICYHOLDERS

Please be advised that in your application for insurance you disclosed information to The Cincinnati Insurance

Company, The Cincinnati Casualty Company and The Cincinnati Indemnity Company. The information disclosed in the application and all information subsequently collected by any of these companies may be

shared among all three.

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IA 4006 07 10 Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SPECIAL PER OCCURRENCE DEDUCTIBLE ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

CRIME AND FIDELITY COVERAGE PART

A. Special Per Occurrence Deductible

1. If an "occurrence" happens to Covered Property under the Commercial Property Coverage Part and

to Covered Property under at least one of the following:

a. The Commercial Inland Marine Coverage Part, and

b. The Crime and Fidelity Coverage Part;

the most we will deduct from any loss or damage in any one "occurrence" is the deductible indicated

on the COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS.

2. This endorsement does not apply to any of the forms listed in Paragraphs a. and b.:

a. * Electronic Data Processing Coverage Form, Section III, 2. Deductible, a.(2) Specified

Losses Deductible

* Water Backup from Sewers, Drains, Septic Systems or Sump Pumps Endorsement

Windstorm or Hail Percentage Deductible Form

Earthquake and Volcanic Eruption Endorsement

Earthquake and Volcanic Eruption Endorsement (Sub-Limit Form)

Flood Coverage Endorsement

Equipment Breakdown Coverage (Including Production Equipment)

Equipment Breakdown Coverage (Excluding Production Equipment)

* Temperature Change Coverage Form

Commercial Crime Coverage Form, A. Insuring Agreements, 1. Employee Theft, 2. Forgery

or Alteration, 6. Computer Fraud and 7. Funds Transfer Fraud

Crime Expanded Coverage (XC®) Coverage or Expanded Coverage Plus Forms, A.

Insuring Agreements, 1. Employee Theft and 2. Forgery or Alteration

Government Crime Coverage Form, A. Insuring Agreements, 1. Employee Theft - Per Loss

Coverage, 2. Employee Theft - Per Employee Coverage, 3. Forgery or Alteration, 7.

Computer Fraud and 8. Funds Transfer Fraud

* Or such coverage as provided in the CinciPlus® Commercial Property or Commercial Property

Power Expanded Coverage or Expanded Coverage Plus Forms

b. Other

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IA 4006 07 10 Page 2 of 2

B. Definition

For the purpose of this endorsement only, any definition of "occurrence" is deleted in its entirety and the

following definition is added to:

1. COMMERCIAL PROPERTY CONDITIONS,

2. COMMERCIAL INLAND MARINE CONDITIONS,

3. COMMERCIAL CRIME COVERAGE FORM,

4. CRIME EXPANDED COVERAGE (XC®) COVERAGE FORM, and

5. GOVERNMENT CRIME COVERAGE FORM:

"Occurrence" means all loss, damage, or a sequence of loss or damage, casualties or disasters arising

from a single happening or event.

Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 26 of 340 PageID #:39
Includes copyrighted material of Insurance

IA 4156 IL 11 16 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

FARM COVERAGE PART

A. The Cancellation Common Policy Condition is

deleted in its entirety and replaced by the following:

CANCELLATION

1. The first Named Insured shown in the 

Declarations may cancel this policy by

mailing to us advance written notice of 

cancellation.

2. If this policy has been in effect for 60 days

or less, except as provided in Paragraphs

8. and 9. below, we may cancel this policy

by mailing written notice of cancellation at 

least:

a. 10 days before the effective date of

cancellation if we cancel for nonpay- ment of premium; or

b. 30 days before the effective date of 

cancellation if we cancel for any other 

reason.

3. If this policy has been in effect for more 

than 60 days, except as provided in Paragraphs 8. and 9. below, we may cancel

this policy only for one or more of the following reasons:

a. Nonpayment of premium;

b. The policy was obtained through a 

material misrepresentation;

c. You have violated any of the terms

and conditions of the policy;

d. The risk originally accepted has

measurably increased;

e. Certification to the Director of Insurance of the loss of reinsurance by the 

insurer which provided coverage to 

us for all or a substantial part of the 

underlying risk insured; or

f. A determination by the Director that 

the continuation of the policy could 

place us in violation of the insurance 

laws of this State.

If we cancel this policy based on one or 

more of the above reasons except for 

nonpayment of premium, we will mail written notice at least 60 days before the effective date of cancellation. When cancellation is for nonpayment of premium, we 

will mail written notice at least 10 days before the effective date of cancellation. 4. We will mail our notice to you, any mortgagee or lienholder known to us and to 

the agent or broker.

5. Notice of cancellation will state the effective date of cancellation. The policy period

will end on that date.

6. If this policy is cancelled, we will send the 

first Named Insured any premium refund 

due. If we or the first Named Insured cancel, the refund will be pro rata. The cancellation will be effective even if we have 

not made or offered a refund. 7. Our notice of cancellation will state the 

reason for cancellation. 8. Real Property Other Than Residential 

Properties Occupied by 4 Families or 

Less

The following applies only if this policy covers real property other than residential 

property occupied by 4 families or less:

If any one or more of the following conditions exists at any building that is Covered 

Property in this policy, we may cancel this

policy by mailing to you written notice of 

cancellation if:

a. After a fire loss, permanent repairs to 

the building have not started within 

60 days of satisfactory adjustment of

loss, unless the delay is due to a labor dispute or weather conditions. b. The building has been unoccupied 60 

or more consecutive days. This does

not apply to:

(1) Seasonal unoccupancy; or

(2) Buildings under repair, construction or reconstruction, if properly 

secured against unauthorized

entry.

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Includes copyrighted material of Insurance

IA 4156 IL 11 16 Services Office, Inc., with its permission. Page 2 of 2

c. The building has:

(1) An outstanding order to vacate;

(2) An outstanding demolition order; 

or

(3) Been declared unsafe in accordance with the law.

d. Heat, water, sewer service or public

lighting have not been connected to 

the building for 30 consecutive days

or more. The policy will terminate 10 days following

receipt of the written notice by the named 

insured(s). 9. Residential Properties Occupied by 4 

Families or Less

The following applies if this policy covers

residential properties occupied by 4 families or less:

If this policy has been in effect for 60 

days, or if this is a renewal policy, we may 

only cancel this policy for one or more of 

the following reasons:

a. Nonpayment of premium;

b. The policy was obtained by misrepresentation or fraud; or

c. Any act that measurably increases

the risk originally accepted.

If we cancel this policy based on one or 

more of the above reasons except for 

nonpayment of premium, we will mail written notice at least 30 days before the effective date of cancellation. When cancellation is for nonpayment of premium, we 

will mail written notice at least 10 days before the effective date of cancellation. 10. For insurance provided under the Commercial Property Coverage Part, the following applies:

GRAIN IN PUBLIC GRAIN WAREHOUSES

(Not applicable to grain owned by the 

Commodity Credit Corporation)

The following applies only with respect to 

grain in public grain warehouses:

The first Named Insured or we may cancel this policy at any time by mailing to:

a. The other; and

b. The Director of the Illinois Department of Agriculture (at its Springfield 

Office);

60 days' written notice of cancellation. B. The following is added and supersedes any

provision to the contrary:

NONRENEWAL

1. If we decide not to renew or continue this

policy, we will mail you, your agent or broker, and any mortgagee or lienholder 

known to us written notice, stating the 

reason for nonrenewal, at least 60 days

before the end of the policy period. If we

offer to renew or continue and you do not 

accept, this policy will terminate at the end 

of the current policy period. Failure to pay 

the required renewal or continuation premium when due shall mean that you have 

not accepted our offer.

If we fail to mail proper written notice of 

nonrenewal and you obtain other insurance, this policy will end on the effective 

date of that insurance. 2. The following provision applies only if this

policy covers residential properties occupied by 4 families or less:

a. If this policy has been issued to you 

and in effect with us for 5 or more 

years, we may not fail to renew this

policy unless:

(1) The policy was obtained by misrepresentation or fraud;

(2) The risk originally accepted has

measurably increased; or

(3) You received 60 days' notice of

our intent not to renew as provided in 1. above. b. If this policy has been issued to you 

and in effect with us for less than 5 

years, we may not fail to renew this

policy unless you received 30 days’ 

notice as provided in 1. above. C. The following is added:

MAILING OF NOTICES

We will mail cancellation and nonrenewal notices to the last addresses known to us. Proof 

of mailing will be sufficient proof of notice.

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IA 4210 IL 03 16 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CANCELLATION AND 

NONRENEWAL

This endorsement modifies insurance provided under the following:

CHEMICAL DRIFT LIMITED LIABILITY COVERAGE FORM - CLAIMS-MADE

CINCINNATI CYBER DEFENSETM COVERAGE PART

CINCINNATI DATA DEFENDERTM COVERAGE PART

CINCINNATI NETWORK DEFENDERTM COVERAGE PART

CLAIMS-MADE EXCESS LIABILITY COVERAGE FORM

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL UMBRELLA LIABILITY COVERAGE PART

CONTRACTOR'S ERRORS AND OMISSIONS COVERAGE FORM CLAIMS-MADE

EMPLOYEE BENEFIT LIABILITY COVERAGE FORM

EMPLOYMENT PRACTICES LIABILITY COVERAGE PART

EXCESS LIABILITY COVERAGE FORM

EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE FORM

HOLE-IN-ONE COVERAGE FORM

ILLINOIS CONTRACTORS' LIMITED WORKSITE POLLUTION LIABILITY COVERAGE FORM

LIQUOR LIABILITY COVERAGE PART

MANUFACTURER'S ERRORS AND OMISSIONS COVERAGE FORM - CLAIMS-MADE

POLLUTION LIABILITY COVERAGE PART

PRODUCT WITHDRAWAL COVERAGE FORM

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

PROFESSIONAL LIABILITY COVERAGE PART

PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART

PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE

SEPTIC SYSTEMS DESIGN INSPECTION ERRORS AND OMISSIONS COVERAGE PART

A. Cancellation (Common Policy Conditions) is

deleted in its entirety and replaced by the following:

CANCELLATION

1. The first Named Insured shown in the 

Declarations may cancel this policy by

mailing to us advance written notice of 

cancellation.

2. We may cancel this policy by mailing to 

you written notice stating the reason for 

cancellation. If we cancel:

a. For nonpayment of premium, we will 

mail the notice at least 10 days prior 

to the effective date of cancellation.

b. For a reason other than nonpayment 

of premium, we will mail the notice at

least:

(1) 30 days prior to the effective

date of cancellation if the policy 

has been in effect for 60 days or 

less.

(2) 60 days prior to the effective

date of cancellation if the policy 

has been in effect for more than

60 days. 3. If this policy has been in effect for more 

than 60 days, we may cancel only for one 

or more of the following reasons:

a. Nonpayment of premium;

b. The policy was obtained through a 

material misrepresentation;

c. Any insured has violated any of the 

terms and conditions of the policy;

d. The risk originally accepted has

measurably increased;

e. Certification to the Director of Insurance of the loss of reinsurance by the 

insurer that provided coverage to us

for all or a substantial part of the underlying risk insured; or

f. A determination by the Director of Insurance that the continuation of the 

policy could place us in violation of

the insurance laws of this State.

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4. Notice of cancellation will state the effective date of cancellation. The policy period

will end on that date.

5. If this policy is cancelled we will send the 

first Named Insured any premium refund 

due. If we or the first Named Insured cancels, the refund will be pro rata. The cancellation will be effective even if we have 

not offered a refund.

B. The following is added and supersedes any

provision to the contrary:

1. NONRENEWAL

If we decide not to renew or continue this

policy, we will mail you and your agent or 

broker written notice, stating the reason 

for nonrenewal, at least 60 days before 

the end of the policy period.

If we offer to renew or continue and you 

do not accept, this policy will terminate at 

the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that 

you have not accepted our offer. 

If we fail to mail proper written notice of 

nonrenewal and you obtain other insurance, this policy will end on the effective 

date of that insurance. C. Mailing of Notices

We will mail cancellation and nonrenewal notices to you, and the agent or broker, at the 

last addresses known to us. Proof of mailing 

will be sufficient proof of notice.

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Includes copyrighted material of ISO

Properties, Inc. and American Association

IA 4238 01 15 of Insurance Services, with their permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM

This endorsement modifies insurance provided under the following:

All Commercial Lines Coverage Parts, Coverage Forms, Policies and Endorsements subject to the 

federal Terrorism Risk Insurance Act and any amendments and extensions thereto

A. The following definition is added with respect 

to the provisions of this endorsement:

"Certified act of terrorism" means an act that is 

certified by the Secretary of the Treasury, in 

accordance with the provisions of the federal 

Terrorism Risk Insurance Act, to be an act of 

terrorism pursuant to 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 or affect the conduct of the United States

Government by coercion.

B. Cap On Losses from Certified Acts of Terrorism

If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk

Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, 

we shall not be liable for the payment of any

portion of the amount of such losses that exceeds $100 billion, and in such case insured 

losses up to that amount are subject to pro rata allocation in accordance with procedures

established by the Secretary of the Treasury.

C. Application of Other Exclusions

The terms and limitations of any terrorism exclusion, or the inapplicability, omission or absence of a terrorism exclusion, does not serve 

to create coverage for any loss which would 

otherwise be excluded under this Coverage 

Part, Coverage Form, Policy or Endorsement 

such as losses excluded by:

1. Exclusions that address war, warlike action, insurrection, rebellion, revolution, military action, nuclear hazard, nuclear materials, nuclear reaction, radiation, or radioactive contamination;

2. Exclusions that address pollutants, contamination, deterioration, fungi or bacteria;

or

3. Any other exclusion,

regardless if the "certified act of terrorism" contributes concurrently or in any sequence to 

the loss. D. Sunset Clause

If the federal Terrorism Risk Insurance Act expires or is repealed, then this endorsement is 

null and void for any act of terrorism that takes 

place after the expiration or repeal of the Act.

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IA 4338 05 11

SIGNATURE ENDORSEMENT

IN WITNESS WHEREOF, this policy has been signed by our President and Secretary in the City of Fairfield, Ohio, but this policy shall not be binding upon us unless countersigned by an authorized representative of

ours. The failure to countersign does not void coverage in Arizona, Virginia and Wisconsin.

Secretary President

The signature on any form, endorsement, policy, declarations, jacket or application other than the signature of 

the President or Secretary named above is deleted and replaced by the above signatures.

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Includes copyrighted material of Insurance

IA 4382 IL 07 17 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

FARM COVERAGE PART

STANDARD PROPERTY POLICY

A. When this endorsement is attached to Standard Property Policy CP 00 99, the terms Coverage Part and Coverage Form in this endorsement are replaced by the term Policy.

B. The following is added to the Legal Action 

Against Us Condition:

The 2 year period for legal action against us is

extended by the number of days between the 

date the proof of loss is filed with us and the 

date we deny the claim in whole or in part. C. If this policy covers:

1. The following in a. and b., then Paragraphs 2. and 3. apply:

a. Real property used principally for residential purposes up to and including 

a four family dwelling; or

b. Household or personal property that 

is usual or incidental to the occupancy of any premises used for residential purposes.

2. The second paragraph of the Appraisal

Condition is deleted and replaced by the 

following:

a. Each party will pay its own appraiser 

and bear the other expenses of the 

appraisal and umpire equally, except 

as provided in b. below.

b. We will pay your appraiser's fee and

the umpire's appraisal fee, if the following conditions exist:

(1) You demanded the appraisal; 

and

(2) The full amount of loss, as set by 

your appraiser, is agreed to by 

our appraiser or by the umpire.

3. The Concealment, Misrepresentation 

or Fraud Condition is replaced by the following:

CONCEALMENT, MISREPRESENTA- TION OR FRAUD

a. This Coverage Part or Coverage 

Form is void if you or any insured 

("insured") commit fraud or conceal 

or misrepresent a fact in the process

leading to the issuance of this insurance, and such fraud, concealment 

or misrepresentation is stated in the 

policy or endorsement or in the written application for this policy and:

(1) Was made with actual intent to

deceive; or

(2) Materially affected either our decision to provide this insurance

or the hazard we assumed.

However, this condition will not serve 

as a reason to void this Coverage 

Part or Coverage Form after the 

Coverage Part or Coverage Form 

has been in effect for one year or one 

policy term, whichever is less.

b. We do not provide coverage under 

this Coverage Part or Coverage Form

to you or any other insured ("insured") who, at any time subsequent 

to the issuance of this insurance, commit fraud or intentionally conceal

or misrepresent a material fact relating to:

(1) This Coverage Part or Coverage

Form;

(2) The Covered Property;

(3) Your interest in the Covered

Property; or

(4) A claim under this Coverage Part 

or Coverage Form. c. Notwithstanding the limitations stated 

in 3.a. above, we may cancel the 

Coverage Part or Coverage Form in 

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Includes copyrighted material of Insurance

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accordance with the terms of the 

Cancellation Condition. D. For the Commercial Property Coverage Part 

and the Standard Property Policy, the following

exclusion and related provisions are added to 

Paragraph B.2. Exclusions in the Causes of 

Loss Forms and to any Coverage Form or policy to which a Causes of Loss Form is not attached:

1. We will not pay for loss or damage arising 

out of any act an insured commits or conspires to commit with the intent to cause a 

loss.

In the event of such loss, no insured is entitled to coverage, even insureds who did

not commit or conspire to commit the act 

causing the loss. 2. However, this exclusion will not apply to 

deny payment to an innocent co-insured 

who did not cooperate in or contribute to 

the creation of the loss if:

a. The loss arose out of a pattern of 

criminal domestic violence; and

b. The perpetrator of the loss is criminally prosecuted for the act causing 

the loss. 3. If we pay a claim pursuant to Paragraph 

D.2., our payment to the insured is limited 

to that insured's insurable interest in the 

property less any payments we first made 

to a mortgagee or other party with a legal 

secured interest in the property. In no 

event will we pay more than the Limit of 

Insurance. E. The Intentional Loss Exclusion in the Causes of Loss Form - Farm Property, Mobile Agricultural Machinery And Equipment Coverage 

Form and Livestock Coverage Form is replaced by the following:

1. We will not pay for loss ("loss") or damage arising out of any act an "insured" commits or conspires to commit with the 

intent to cause a loss ("loss").

In the event of such loss ("loss"), no "insured" is entitled to coverage, even "insureds" who did not commit or conspire to

commit the act causing the loss ("loss").

2. However, this exclusion will not apply to 

deny payment to an innocent co-"insured" who did not cooperate in or contribute to 

the creation of the loss ("loss") if:

a. The loss ("loss") arose out of a pattern of criminal domestic violence; 

and

b. The perpetrator of the loss ("loss") is

criminally prosecuted for the act 

causing the loss. 3. If we pay a claim pursuant to Paragraph 

E.2., our payment to the "insured" is limited to that "insured's" insurable interest in 

the property less any payments we first 

made to a mortgagee or other party with a 

legal secured interest in the property. In 

no event will we pay more than the Limit 

of Insurance.

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Includes copyrighted material of Insurance

IA 4395 IL 11 15 Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CIVIL UNION

This endorsement modifies insurance provided under the following:

CHEMICAL DRIFT LIMITED LIABILITY COVERAGE FORM

COMMERCIAL AUTOMOBILE COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL UMBRELLA LIABILITY COVERAGE PART

CONTRACTOR'S ERRORS AND OMISSIONS COVERAGE FORM CLAIMS-MADE

EMPLOYEE BENEFIT LIABILITY COVERAGE FORM

EMPLOYMENT PRACTICES LIABILITY COVERAGE PART

EXCESS LIABILITY COVERAGE FORM

EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE FORM

HOLE-IN-ONE COVERAGE FORM

ILLINOIS CONTRACTORS' LIMITED WORKSITE POLLUTION LIABILITY COVERAGE FORM

FARM COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

MANUFACTURER'S ERRORS AND OMISSIONS COVERAGE FORM - CLAIMS-MADE

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCT WITHDRAWAL COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

PROFESSIONAL LIABILITY COVERAGE PART

PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART

PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE

SEPTIC SYSTEMS DESIGN INSPECTION ERRORS AND OMISSIONS COVERAGE PART

UNDERGROUND STORAGE TANK POLICY

A. The term "spouse" is replaced by the following:

Spouse or party to a civil union recognized under Illinois law. 

B. Under the Commercial Auto Coverage Part, the 

term "family member" is replaced by the following:

"Family member" means a person related to 

the:

1. Individual Named Insured by blood, adoption, marriage or civil union recognized under Illinois law, who is a resident of such 

Named Insured's household, including a

ward or foster child; or

2. Individual named in the Schedule by blood, 

adoption, marriage or civil union recognized under Illinois law, who is a resident of

the individual's household, including a ward 

or foster child, if the Drive Other Car Coverage - Broadened Coverage For Named

Individual Endorsement is attached.

C. With respect to coverage for the ownership, maintenance, or use of "covered autos" provided under the Commercial Liability Umbrella 

Coverage Part, the term "family member" is replaced by the following:

"Family member" means a person related to 

you by blood, adoption, marriage or civil union 

recognized under Illinois law, who is a resident 

of your household, including a ward or foster 

child.

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Includes copyrighted material of Insurance

IA 4442 05 14 Services Office, Inc., with its permission. Page 1 of 2

NOTICE TO POLICYHOLDERS - EXCLUSION - ACCESS OR

DISCLOSURE OF CONFIDENTIAL OR PERSONAL

INFORMATION AND DATA-RELATED LIABILITY

This is a notice of a change in your policy. NO COVERAGE IS PROVIDED BY THIS NOTICE nor can it be 

construed to replace any provisions of your policy. YOU SHOULD READ YOUR POLICY AND REVIEW

YOUR DECLARATIONS PAGE for complete information on the coverage you are provided. If there is any

conflict between the policy and this notice, THE PROVISIONS OF THE POLICY SHALL PREVAIL. This notice applies to the following coverage parts:

BUSINESSOWNERS PACKAGE POLICY

CLAIMS-MADE EXCESS LIABILITY COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL UMBRELLA LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

EXCESS LIABILITY COVERAGE PART

FARM LIABILITY COVERAGE FORM

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

PERSONAL LIABILITY ENDORSEMENT

PRODUCTS/COMPLETED OPERATIONS COVERAGE PART

PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART

PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE

This Notice provides information concerning the following new endorsements. More than one may apply to 

your renewal policy being issued by us:

The following forms apply to Commercial General Liability Coverage Part (CG or GA prefix), 

Businessowners Package Policy (IB prefix), Farm Liability Coverage Form or Personal Liability 

Endorsement (FL prefix), or Umbrella or Excess Liability Coverage Parts (US or XS prefix). Forms: GA 3024 05 14, FL 10 12 12 14, IB 320 05 14 or US 3093 05 14 all titled:

Exclusion - Access or Disclosure of Confidential or Personal Information and Data-Related Liability - With Limited Bodily Injury Exception

When one of these endorsements is attached to your policy:

• For any liability or damages for Bodily Injury and Property Damage Liability, coverage is excluded for 

damages arising out of any access to or disclosure of confidential or personal information. This is a

reinforcement of coverage.

• For any liability or damages for Personal and Advertising Injury Liability, coverage is excluded for personal 

and advertising injury arising out of any access to or disclosure of confidential or personal information. To 

the extent that any access or disclosure of confidential or personal information results in an oral or written

publication that violates a person's right of privacy, this may result in a reduction in coverage. Forms: GA 3025 05 14, FL 10 13 12 14, IB 321 05 14 or US 3094 05 14 all titled:

Exclusion - Access or Disclosure of Confidential or Personal Information and Data-Related Liability - Limited Bodily Injury Exception Not Included

When one of these endorsements is attached to your policy:

• For any liability or damages for Bodily Injury and Property Damage Liability, coverage is excluded for 

damages arising out of any access to or disclosure of confidential or personal information. This is a 

reinforcement of coverage. However, when this endorsement is attached, it will result in a reduction of 

coverage due to the deletion of an exception with respect to damages because of bodily injury arising out 

of loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic 

data.

• For any liability or damages for Personal and Advertising Injury Liability, coverage is excluded for personal 

and advertising injury arising out of any access to or disclosure of confidential or personal information. To 

the extent that any access or disclosure of confidential or personal information results in an oral or written 

publication that violates a person's right of privacy, this may result in a reduction in coverage. 

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Includes copyrighted material of Insurance

IA 4442 05 14 Services Office, Inc., with its permission. Page 2 of 2

Forms CG 21 08 05 14 Exclusion - Access or Disclosure of Confidential or Personal Information

(Coverage B only), IB 322 05 14 Exclusion - Access or Disclosure of Confidential or Personal

Information (Personal and Advertising Injury Only), and US 3095 05 14 and XS 345 05 14 Both titled: 

Exclusion - Access or Disclosure of Confidential or Personal Information

When one of these endorsements is attached to your policy, coverage is excluded for personal and advertising 

injury arising out of any access to or disclosure of confidential or personal information. To the extent that any

access or disclosure of confidential or personal information results in an oral or written publication that violates

a person's right of privacy, this may result in a reduction in coverage

Forms GA 237 05 14 Electronic Data Liability Endorsement and FL 04 22 12 14 Electronic Data Liability 

With respect to damages arising out of access or disclosure of confidential or personal information, when this

endorsement is attached to your policy:

• Under Bodily Injury and Property Damage Liability, coverage is excluded for damages arising out of any 

access to or disclosure of confidential or personal information. This is a reinforcement of coverage.

• Under Personal and Advertising Injury Liability, coverage is excluded for personal and advertising injury 

arising out of any access to or disclosure of confidential or personal information. To the extent that any

access or disclosure of confidential or personal information results in an oral or written publication that 

violates a person's right of privacy, this may result in a reduction in coverage.

The following forms apply to the coverage(s) indicated under each description of the form number and 

title. GA 3026 05 14 - Exclusion - Access or Disclosure of Confidential or Personal Information and Data- Related Liability - With Limited Bodily Injury Exception (For use with The Owners and Contractors

Protective Liability Coverage Part and Products/Completed Operations Coverage Part)

When this endorsement is attached to your policy, coverage is excluded for damages arising out of any access

to or disclosure of confidential or personal information. This is a reinforcement of coverage. GA 3027 05 14 - Exclusion - Access or Disclosure of Confidential or Personal Information and Data- Related Liability - Limited Bodily Injury Exception Not Included (For use with The Owners and 

Contractors Protective Liability and Products/Completed Operations Liability Coverage Parts)

When this endorsement is attached to your policy, coverage is excluded for damages arising out of any access

to or disclosure of confidential or personal information. This is a reinforcement of coverage.

However, when this endorsement is attached, it will result in a reduction of coverage due to the deletion of an

exception with respect to damages because of bodily injury arising out of loss of, loss of use of, damage to, 

corruption of, inability to access, or inability to manipulate electronic data.

CG 33 63 - Exclusion - Access, Disclosure or Unauthorized Use of Electronic Data (For use with The

Electronic Data Liability Coverage Part)

With respect to damages arising out of access or disclosure of confidential or personal information, when this

endorsement is attached to your policy coverage is excluded for damages arising out of any access to or

disclosure of confidential or personal information. This is a reinforcement of coverage.

However, to the extent that damages arising out of theft or unauthorized viewing, copying, use, corruption,

manipulation or deletion, of electronic data by any Named Insured, past or present employee, temporary 

worker or volunteer worker of the Named Insured may extend beyond loss of electronic data arising out of

such theft or the other listed items, this revision may be considered a reduction in coverage. FL 10 14 12 14 - Exclusion - Electronic Data (Bodily Injury and Property Damage Liability Only) and 

Access or Disclosure of Confidential or Personal Information (Personal or Advertising Injury Liability

Only) (For use with Farm Liability Coverage Form or Personal Liability Endorsement)

With respect to bodily injury and property damage arising out of the loss of, loss of use of, damage to, 

corruption of, inability to access, or inability to manipulate electronic data, these changes are a reinforcement 

of coverage intent. Coverage for such injury or damage is not intended to be provided under the

aforementioned forms.

However, to the extent that any access or disclosure of confidential or personal information results in an oral or 

written publication that violates a person's right of privacy, this revision may be considered a reduction in

personal injury and advertising injury coverage.

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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

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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

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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

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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

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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 perCase: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 47 of 340 PageID #:60
Includes copyrighted material of ISO Properties, Inc.,

with its permission. Includes copyrighted material with

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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.

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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

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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

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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;

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Includes copyrighted material of ISO Properties, Inc.,

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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

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Includes copyrighted material of ISO Properties, Inc.,

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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

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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

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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

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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

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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;

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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.

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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

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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

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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.

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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

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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

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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.

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(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.

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(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.

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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.

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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", inCase: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 68 of 340 PageID #:81
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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

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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.

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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.

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(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.

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(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:

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(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.

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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

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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

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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

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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".

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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.

Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 79 of 340 PageID #:92
Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 80 of 340 PageID #:93
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

Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 81 of 340 PageID #:94
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

Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 82 of 340 PageID #:95
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.

Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 83 of 340 PageID #:96
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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

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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.

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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 PerCase: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 86 of 340 PageID #:99
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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

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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.

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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.

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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.

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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:

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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;

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(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.

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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;

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(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 

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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

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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.

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FA 286 01 13 Page 1 of 12

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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FA 4028 IL 04 08

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

Exclusion (1)(d) Nuclear Hazard in SECTION A. COVERAGE, 3. Covered Causes of Loss, b. Exclusions

of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted in its entirety and replaced by

the following:

(1)(d) Nuclear Hazard

Nuclear reaction or radiation, or radioactive contamination, however caused. However, if nuclear reaction or

radiation, or radioactive contamination, results in fire, we will pay for the "loss" caused by that fire.

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FA 4042 11 07

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY.

PROPERTY COVERAGE PART

AMENDATORY ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

MORTGAGE HOLDER'S INSURANCE COVERAGE PART

A. Gutters and Downspouts

BUILDING AND PERSONAL PROPERTY COVERAGE FORM (INCLUDING SPECIAL CAUSES OF

LOSS), SECTION A. COVERAGE, 3. Covered Causes of Loss, c. Limitations, (1) Limitations - Various Types of Property, (f) Gutters and Downspouts is deleted in its entirety.

B. Pollutant Definition

BUILDING AND PERSONAL PROPERTY COVERAGE FORM (INCLUDING SPECIAL CAUSES OF

LOSS), SECTION G. DEFINITIONS, 13. "Pollutants" and MORTGAGE HOLDER'S INSURANCE

COVERAGE FORM, SECTION V. DEFINITIONS, 18. "Pollutants" are deleted in their entirety and

replaced by the following definition:

"Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor,

soot, fumes, acids, alkalis, chemicals, petroleum, petroleum products 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 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 "pollutant".

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Includes copyrighted material of ISO Commercial

FA 450 11 04 Risk Services, Inc., with its permission. Page 1 of 2

COMMERCIAL PROPERTY CONDITIONS

This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss

Conditions and Additional Conditions in Commercial Property Coverage Forms.

A. Concealment, Misrepresentation or Fraud

This Coverage Part is void in any case of

fraud by you as it relates to this Coverage

Part at any time. It is also void if you or any

other insured, at any time, intentionally con- ceal or misrepresent a material fact concerning:

1. This Coverage Part;

2. The Covered Property;

3. Your interest in the Covered Property; or

4. A claim under this Coverage Part.

B. Control of Property

Any act or neglect of any person other than

you beyond your direction or control will not

affect this insurance.

The breach of any condition of this Coverage

Part at any one or more locations will not affect coverage at any location where, at the

time of "loss", the breach of condition does

not exist.

C. Insurance Under Two or More Coverages

If two or more of this policy's coverages apply

to the same "loss", we will not pay more than

the actual amount of the "loss".

D. Legal Action Against Us

No one may bring a legal action against us

under this Coverage Part unless:

1. There has been full compliance with all of

the terms of this Coverage Part; and

2. The action is brought within 2 years after

the date on which the direct physical

"loss" occurred.

E. Liberalization

If, within 60 days prior to the beginning of this

Coverage Part or during the policy period, we

make any changes to any forms or endorse- ments of this Coverage Part for which there is

currently no separate premium charge, and

that change provides more coverage than this

Coverage Part, the change will be considered

as included until the end of the current policy

period. We will make no additional premium

charge for this additional coverage during the

interim.

F. No Benefit to Bailee

No person or organization, other than you,

having custody of Covered Property will

benefit from this insurance.

G. Other Insurance

1. You may have other insurance subject to

the same plan, terms, conditions and

provisions as the insurance under this

Coverage Part. If you do, we will pay our

share of the covered "loss". Our share is

the proportion that the applicable Limit of

Insurance under this Coverage Part

bears to the Limits of Insurance of all in- surance covering on the same basis.

2. If there is other insurance covering the

same "loss", other than that described in

1. above, we will pay only for the amount

of covered "loss" in excess of the amount

due from that other insurance, whether

you can collect on it or not. However, we

will not reimburse any deductible or

difference between Actual Cash Value

and Replacement Cost valuations. We

will not pay more than the applicable Limit

of Insurance.

H. Policy Period, Coverage Territory

Under this Coverage Part:

1. We cover "loss" commencing:

a. During the policy period shown in the

Declarations; and

b. Within the coverage territory.

2. The coverage territory:

a. The United States of America (in- cluding its territories and posses- sions);

b. Puerto Rico; and

c. Canada.

I. Transfer of Rights of Recovery Against

Others to Us

If any person or organization to or for whom

we make payment under this Coverage Part

has rights to recover damages from another,

those rights are transferred to us to the extent

of our payment. That person or organization

must do everything necessary to secure our

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Includes copyrighted material of ISO Commercial

FA 450 11 04 Risk Services, Inc., with its permission. Page 2 of 2

pair them. But you may waive your rights

against another party in writing:

1. Prior to a "loss" to your Covered Property

or Covered Income.

2. After a "loss" to your Covered Property or

Covered Income only if, at time of "loss",

that party is one of the following:

a. Someone insured by this insurance;

b. A business firm:

(1) Owned or controlled by you; or

(2) That owns or controls you; or

c. Your tenant.

This will not restrict your insurance.

J. Definitions

1. "Loss" means accidental loss or damage.

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Includes copyrighted material of Insurance

FA 480 02 16 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LOSS PAYABLE PROVISIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

SCHEDULE

Loc Bldg Loss Payee Name and Address:

Applicable Clause

(Enter B, C, D or E):

A. Nothing in this endorsement increases the applicable Limit of Insurance. We will not pay any 

Loss Payee more than their financial interest in

the Covered Property, and we will not pay more

than the applicable Limit of Insurance on the

Covered Property. For the purposes of this endorsement only, the

following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION D. LOSS CONDITIONS, 4. Loss Payment, as indicated in the Schedule of this endorsement.

B. Loss Payable

For Covered Property in which both you and a

Loss Payee shown in the Schedule of this endorsement have an insurable interest, we will:

1. Adjust losses with you; and

2. Pay any claim for "loss"jointly to you and the 

Loss Payee, as interests may appear.

C. Lender's Loss Payable

1. The Loss Payee shown in the Schedule of

this endorsement is a creditor, including a

mortgageholder or trustee, whose interest in

Covered Property is established by such

written instruments as:

a. Warehouse receipts;

b. A contract for deed;

c. Bills of lading;

d. Financing statements; or

e. Mortgages, deeds of trust, or security

agreements. 2. For Covered Property in which both you and

a Loss Payee have an insurable interest:

a. We will pay for covered "loss" to each 

Loss Payee in their order of precedence, as interests may appear.

b. The Loss Payee has the right to receive 

loss payment even if the Loss Payee 

has started foreclosure or similar action 

on the Covered Property.

c. If we deny your claim because of your 

acts or because you have failed to 

comply with the terms of the Coverage 

Part, the Loss Payee will still have the 

right to receive loss payment if the Loss 

Payee:

(1) Pays any premium due under this

Coverage Part at our request if you 

have failed to do so;

(2) Submits a signed, sworn proof of 

loss within 60 days after receiving 

notice from us of your failure to do 

so; and

1 1 B

AMERICAN CHARTERED BANK, ISAOA

2205 BUTTERFIELD RD

DOWNERS GROVE, IL 60515-1157

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FA 480 02 16 Services Office, Inc., with its permission. Page 2 of 2

(3) Has notified us of any change in 

ownership, occupancy or substantial change in risk known to the 

Loss Payee. All of the terms of this Coverage Part 

will then apply directly to the Loss Pay- ee. d. If we pay the Loss Payee 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 Loss Payee's rights will be 

transferred to us to the extent of 

the amount we pay; and

(2) The Loss Payee's rights to recover 

the full amount of the Loss Payee's 

claim will not be impaired.

At our option, we may pay to the Loss 

Payee the whole principal on the debt 

plus any accrued interest. In this event, 

you will pay your remaining debt to us. 3. If we cancel this policy, we will give written

notice to the Loss Payee at least:

a. 10 days before the effective date of 

cancellation if we cancel for your nonpayment of premium; or

b. 30 days before the effective date of 

cancellation if we cancel for any other 

reason.

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

give written notice to the Loss Payee at least 

10 days before the expiration date of this

policy. D. Contract of Sale

1. The Loss Payee shown in the Schedule of

this endorsement is a person or organization

you have entered a contract with for the sale

of Covered Property.

2. For Covered Property in which both you and

the Loss Payee have an insurable interest

we will:

a. Adjust losses with you; and

b. Pay any claim for "loss" jointly to you 

and the Loss Payee, as interests may

appear.

3. For Covered Property that is the subject of a

contract of sale, the word "you" includes the 

Loss Payee.

E. Building Owner Loss Payable Clause

1. The Loss Payee shown in the Schedule of

this endorsement is the owner of the building in which you are a tenant.

2. We will adjust losses to the building with the

Loss Payee. Any loss payment made to the

Loss Payee will satisfy your claims against

us for the owner's property.

3. We will adjust losses to tenants' improvements and betterments with you, unless the

lease provides otherwise.

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Includes copyrighted material of Insurance

FA 480 02 16 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LOSS PAYABLE PROVISIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

SCHEDULE

Loc Bldg Loss Payee Name and Address:

Applicable Clause

(Enter B, C, D or E):

A. Nothing in this endorsement increases the applicable Limit of Insurance. We will not pay any 

Loss Payee more than their financial interest in

the Covered Property, and we will not pay more

than the applicable Limit of Insurance on the

Covered Property. For the purposes of this endorsement only, the

following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION D. LOSS CONDITIONS, 4. Loss Payment, as indicated in the Schedule of this endorsement.

B. Loss Payable

For Covered Property in which both you and a

Loss Payee shown in the Schedule of this endorsement have an insurable interest, we will:

1. Adjust losses with you; and

2. Pay any claim for "loss"jointly to you and the 

Loss Payee, as interests may appear.

C. Lender's Loss Payable

1. The Loss Payee shown in the Schedule of

this endorsement is a creditor, including a

mortgageholder or trustee, whose interest in

Covered Property is established by such

written instruments as:

a. Warehouse receipts;

b. A contract for deed;

c. Bills of lading;

d. Financing statements; or

e. Mortgages, deeds of trust, or security

agreements. 2. For Covered Property in which both you and

a Loss Payee have an insurable interest:

a. We will pay for covered "loss" to each 

Loss Payee in their order of precedence, as interests may appear.

b. The Loss Payee has the right to receive 

loss payment even if the Loss Payee 

has started foreclosure or similar action 

on the Covered Property.

c. If we deny your claim because of your 

acts or because you have failed to 

comply with the terms of the Coverage 

Part, the Loss Payee will still have the 

right to receive loss payment if the Loss 

Payee:

(1) Pays any premium due under this

Coverage Part at our request if you 

have failed to do so;

(2) Submits a signed, sworn proof of 

loss within 60 days after receiving 

notice from us of your failure to do 

so; and

1 1 B

JP MORGAN CAHSE BANK NA BUSINESS BANKING LOAN SERVICES IL1-0054

PO BOX 6026

CHICAGO, IL 60680-6026

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FA 480 02 16 Services Office, Inc., with its permission. Page 2 of 2

(3) Has notified us of any change in 

ownership, occupancy or substantial change in risk known to the 

Loss Payee. All of the terms of this Coverage Part 

will then apply directly to the Loss Pay- ee. d. If we pay the Loss Payee 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 Loss Payee's rights will be 

transferred to us to the extent of 

the amount we pay; and

(2) The Loss Payee's rights to recover 

the full amount of the Loss Payee's 

claim will not be impaired.

At our option, we may pay to the Loss 

Payee the whole principal on the debt 

plus any accrued interest. In this event, 

you will pay your remaining debt to us. 3. If we cancel this policy, we will give written

notice to the Loss Payee at least:

a. 10 days before the effective date of 

cancellation if we cancel for your nonpayment of premium; or

b. 30 days before the effective date of 

cancellation if we cancel for any other 

reason.

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

give written notice to the Loss Payee at least 

10 days before the expiration date of this

policy. D. Contract of Sale

1. The Loss Payee shown in the Schedule of

this endorsement is a person or organization

you have entered a contract with for the sale

of Covered Property.

2. For Covered Property in which both you and

the Loss Payee have an insurable interest

we will:

a. Adjust losses with you; and

b. Pay any claim for "loss" jointly to you 

and the Loss Payee, as interests may

appear.

3. For Covered Property that is the subject of a

contract of sale, the word "you" includes the 

Loss Payee.

E. Building Owner Loss Payable Clause

1. The Loss Payee shown in the Schedule of

this endorsement is the owner of the building in which you are a tenant.

2. We will adjust losses to the building with the

Loss Payee. Any loss payment made to the

Loss Payee will satisfy your claims against

us for the owner's property.

3. We will adjust losses to tenants' improvements and betterments with you, unless the

lease provides otherwise.

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Includes copyrighted material of Insurance

FA 480 02 16 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LOSS PAYABLE PROVISIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

SCHEDULE

Loc Bldg Loss Payee Name and Address:

Applicable Clause

(Enter B, C, D or E):

A. Nothing in this endorsement increases the applicable Limit of Insurance. We will not pay any 

Loss Payee more than their financial interest in

the Covered Property, and we will not pay more

than the applicable Limit of Insurance on the

Covered Property. For the purposes of this endorsement only, the

following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION D. LOSS CONDITIONS, 4. Loss Payment, as indicated in the Schedule of this endorsement.

B. Loss Payable

For Covered Property in which both you and a

Loss Payee shown in the Schedule of this endorsement have an insurable interest, we will:

1. Adjust losses with you; and

2. Pay any claim for "loss"jointly to you and the 

Loss Payee, as interests may appear.

C. Lender's Loss Payable

1. The Loss Payee shown in the Schedule of

this endorsement is a creditor, including a

mortgageholder or trustee, whose interest in

Covered Property is established by such

written instruments as:

a. Warehouse receipts;

b. A contract for deed;

c. Bills of lading;

d. Financing statements; or

e. Mortgages, deeds of trust, or security

agreements. 2. For Covered Property in which both you and

a Loss Payee have an insurable interest:

a. We will pay for covered "loss" to each 

Loss Payee in their order of precedence, as interests may appear.

b. The Loss Payee has the right to receive 

loss payment even if the Loss Payee 

has started foreclosure or similar action 

on the Covered Property.

c. If we deny your claim because of your 

acts or because you have failed to 

comply with the terms of the Coverage 

Part, the Loss Payee will still have the 

right to receive loss payment if the Loss 

Payee:

(1) Pays any premium due under this

Coverage Part at our request if you 

have failed to do so;

(2) Submits a signed, sworn proof of 

loss within 60 days after receiving 

notice from us of your failure to do 

so; and

1 1 B

SPD DEVELOPMENT LLC

545 N RAND RD

LAKE ZURICH, IL 60047-3134

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FA 480 02 16 Services Office, Inc., with its permission. Page 2 of 2

(3) Has notified us of any change in 

ownership, occupancy or substantial change in risk known to the 

Loss Payee. All of the terms of this Coverage Part 

will then apply directly to the Loss Pay- ee. d. If we pay the Loss Payee 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 Loss Payee's rights will be 

transferred to us to the extent of 

the amount we pay; and

(2) The Loss Payee's rights to recover 

the full amount of the Loss Payee's 

claim will not be impaired.

At our option, we may pay to the Loss 

Payee the whole principal on the debt 

plus any accrued interest. In this event, 

you will pay your remaining debt to us. 3. If we cancel this policy, we will give written

notice to the Loss Payee at least:

a. 10 days before the effective date of 

cancellation if we cancel for your nonpayment of premium; or

b. 30 days before the effective date of 

cancellation if we cancel for any other 

reason.

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

give written notice to the Loss Payee at least 

10 days before the expiration date of this

policy. D. Contract of Sale

1. The Loss Payee shown in the Schedule of

this endorsement is a person or organization

you have entered a contract with for the sale

of Covered Property.

2. For Covered Property in which both you and

the Loss Payee have an insurable interest

we will:

a. Adjust losses with you; and

b. Pay any claim for "loss" jointly to you 

and the Loss Payee, as interests may

appear.

3. For Covered Property that is the subject of a

contract of sale, the word "you" includes the 

Loss Payee.

E. Building Owner Loss Payable Clause

1. The Loss Payee shown in the Schedule of

this endorsement is the owner of the building in which you are a tenant.

2. We will adjust losses to the building with the

Loss Payee. Any loss payment made to the

Loss Payee will satisfy your claims against

us for the owner's property.

3. We will adjust losses to tenants' improvements and betterments with you, unless the

lease provides otherwise.

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Includes copyrighted material of Insurance

FA 480 02 16 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LOSS PAYABLE PROVISIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

SCHEDULE

Loc Bldg Loss Payee Name and Address:

Applicable Clause

(Enter B, C, D or E):

A. Nothing in this endorsement increases the applicable Limit of Insurance. We will not pay any 

Loss Payee more than their financial interest in

the Covered Property, and we will not pay more

than the applicable Limit of Insurance on the

Covered Property. For the purposes of this endorsement only, the

following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION D. LOSS CONDITIONS, 4. Loss Payment, as indicated in the Schedule of this endorsement.

B. Loss Payable

For Covered Property in which both you and a

Loss Payee shown in the Schedule of this endorsement have an insurable interest, we will:

1. Adjust losses with you; and

2. Pay any claim for "loss"jointly to you and the 

Loss Payee, as interests may appear.

C. Lender's Loss Payable

1. The Loss Payee shown in the Schedule of

this endorsement is a creditor, including a

mortgageholder or trustee, whose interest in

Covered Property is established by such

written instruments as:

a. Warehouse receipts;

b. A contract for deed;

c. Bills of lading;

d. Financing statements; or

e. Mortgages, deeds of trust, or security

agreements. 2. For Covered Property in which both you and

a Loss Payee have an insurable interest:

a. We will pay for covered "loss" to each 

Loss Payee in their order of precedence, as interests may appear.

b. The Loss Payee has the right to receive 

loss payment even if the Loss Payee 

has started foreclosure or similar action 

on the Covered Property.

c. If we deny your claim because of your 

acts or because you have failed to 

comply with the terms of the Coverage 

Part, the Loss Payee will still have the 

right to receive loss payment if the Loss 

Payee:

(1) Pays any premium due under this

Coverage Part at our request if you 

have failed to do so;

(2) Submits a signed, sworn proof of 

loss within 60 days after receiving 

notice from us of your failure to do 

so; and

1 1 B

WELLS FARGO PRACTICE FINANCE A DIVISION OF WELLS FARGO BANK NA

2000 POWELL ST

4TH FLOOR

EMERYVILLE, CA 94608-1804

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FA 480 02 16 Services Office, Inc., with its permission. Page 2 of 2

(3) Has notified us of any change in 

ownership, occupancy or substantial change in risk known to the 

Loss Payee. All of the terms of this Coverage Part 

will then apply directly to the Loss Pay- ee. d. If we pay the Loss Payee 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 Loss Payee's rights will be 

transferred to us to the extent of 

the amount we pay; and

(2) The Loss Payee's rights to recover 

the full amount of the Loss Payee's 

claim will not be impaired.

At our option, we may pay to the Loss 

Payee the whole principal on the debt 

plus any accrued interest. In this event, 

you will pay your remaining debt to us. 3. If we cancel this policy, we will give written

notice to the Loss Payee at least:

a. 10 days before the effective date of 

cancellation if we cancel for your nonpayment of premium; or

b. 30 days before the effective date of 

cancellation if we cancel for any other 

reason.

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

give written notice to the Loss Payee at least 

10 days before the expiration date of this

policy. D. Contract of Sale

1. The Loss Payee shown in the Schedule of

this endorsement is a person or organization

you have entered a contract with for the sale

of Covered Property.

2. For Covered Property in which both you and

the Loss Payee have an insurable interest

we will:

a. Adjust losses with you; and

b. Pay any claim for "loss" jointly to you 

and the Loss Payee, as interests may

appear.

3. For Covered Property that is the subject of a

contract of sale, the word "you" includes the 

Loss Payee.

E. Building Owner Loss Payable Clause

1. The Loss Payee shown in the Schedule of

this endorsement is the owner of the building in which you are a tenant.

2. We will adjust losses to the building with the

Loss Payee. Any loss payment made to the

Loss Payee will satisfy your claims against

us for the owner's property.

3. We will adjust losses to tenants' improvements and betterments with you, unless the

lease provides otherwise.

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FA 245 05 11 Page 1 of 3

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EQUIPMENT BREAKDOWN COVERAGE

(Including Production Machinery)

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE FORM

A. COVERAGE

1. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE is amended by adding the 

following:

We will pay for direct damage to Covered 

Property caused by or resulting from an "accident" at the "premises". 2. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of

Loss, b. Exclusions is amended by:

a. Adding the following to (1)(e) Utility 

Services, (1)(g) Water 1), (2)(a) 

Electrical Current, (2)(d) Miscellaneous Causes of Loss, (2)(j) Exposure to Weather, (3)(a) Weather

Conditions, (3)(b) Acts or Decisions, and (3)(c) Defects, Errors,

and Omissions:

However, this exclusion does not apply if these causes of loss are caused 

by, or result from, an "accident" to

Covered Property at the "premises". b. Deleting in its entirety (2)(e) Explosion of Steam Apparatus.

3. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of

Loss, c. Limitations is amended:

a. By deleting in its entirety:

(1) (1)(a) Steam Apparatus; and

(2) (1)(b) Hot Water Boilers,

b. And by adding the following:

The following limitations apply only to "loss" covered by this endorsement.

The sublimits provided in Paragraphs

(1), (2) and (3) below are included 

within, and are not in addition to, the 

Limit of Insurance shown in the Declarations as applicable to the Covered 

Property. These limits, or the applicable Limit of Insurance shown in the 

Declarations as applicable to the 

Covered Property, whichever is less, 

apply. These limits apply to direct 

damage only.

(1) Ammonia Contamination Limitation

If Covered Property is contaminated by ammonia as a result of

an "accident" to Covered Property at the "premises", the most 

we will pay for this kind of damage, including salvage expense, 

is $50,000 per location.

(2) Data, Media and Software Restoration

If "electronic data" is destroyed 

or corrupted as a result of an

"accident" to covered equipment, 

the most we will pay for the expenses incurred by you for the

restoration of that "electronic

data" is $50,000 for all loss sustained in the "coverage term", regardless of the number of "accidents" or the number of "premises" involved.

(3) "Hazardous Substance" Limitation

The following applies despite the

operation of the Ordinance or 

Law Exclusion. 

If Covered Property is damaged, contaminated or polluted by a

"hazardous substance" as a result of an "accident" to Covered 

Property at the "premises", the

most we will pay for any additional expenses incurred by you

for clean up, repair, replacement 

or disposal of that property is

$50,000. As used here, additional expenses mean expenses

incurred beyond those for which

we would be liable if no "hazardous substance" had been involved. B. Additional Coverages

For the purposes of the coverages in this endorsement only, BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM, SECTION 

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A. COVERAGE, 4. Additional Coverages is 

amended as follows:

1. The first paragraph is deleted in its entirety and replaced with the following:

All other terms and conditions of this Coverage Part, including Limits of Insurance 

and deductibles, apply to these Additional 

Coverages. 2. The following is added:

a. Drying Out

If electrical equipment included in 

Covered Property requires "drying

out" as a result of a "flood", the reasonable expense incurred for the "drying out" will be covered. This Additional Coverage is included within

the Limit of Insurance shown in the 

Declarations as applicable to the 

Covered Property. b. Expediting Expenses

With respect to "loss" covered by this 

endorsement, and with respect to 

your damaged Covered Property, we 

will pay the reasonable extra cost to:

(1) Make temporary repairs;

(2) Expedite permanent repairs; and

(3) Expedite permanent replacement.

c. Non-Owned Utility Service Equipment

We will pay for indirect loss resulting 

from an "accident" to non-owned utility equipment described in E. Definitions, 1.a.(6) but we will not pay for 

any expense to repair or replace direct damage to non-owned utility 

equipment that:

(1) You do not own, lease or rent, or

(2) That is not in your care custody 

and control. This Additional Coverage is included

within the Limit of Insurance shown in the 

Declarations as applicable to the Covered 

Property.

C. Deductible

For the purposes of the coverages in this endorsement only, BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM, SECTION 

C. DEDUCTIBLE is amended by adding the 

following:

The deductible applicable to "loss" covered by 

this endorsement is $500, or the deductible indicated in the Declarations as being applicable

to the lost or damaged Covered Property, 

whichever is greater.

D. Conditions

For the purposes of the coverages in this endorsement only, BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM, SECTION 

E. ADDITIONAL CONDITIONS is amended by

adding the following:

1. Suspension

Whenever any covered equipment is

found to be in, or exposed to, a dangerous condition, any of our representatives

may immediately suspend the insurance 

against "loss" from an "accident" to that 

covered equipment. This can be done by 

delivering or mailing a written notice of 

suspension to:

a. Your last known address; or

b. The address where the covered 

equipment is located.

Once suspended in this way, your insurance can be reinstated only by written notice from us.

If we suspend your insurance, you will get 

a pro rata refund of premium for that covered equipment. However, the suspension 

will be effective even if we have not yet 

made or offered a refund. 2. Inspection

If any Covered Property requires inspection to comply with state or municipal 

boiler and pressure vessel regulations, we 

agree to perform such inspection on your 

behalf. E. Definitions

For the purposes of the coverages in this endorsement only, BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM, SECTION 

G. DEFINITIONS is amended by adding the

following:

1. a."Accident" means a sudden and accidental breakdown of the following covered 

equipment:

(1) Any boiler;

(2) Any fired or unfired pressure vessel 

subject to vacuum or internal pressure other than the static pressure of

its contents;

(3) Any piping and its accessory equipment;

(4) Any refrigeration or air conditioning 

system; or

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(5) Any mechanical or electrical machine 

or apparatus used for the generation, 

transmission or utilization of mechanical or electrical power.

(6) Equipment of a type described in 

definition a.(1) through (5) above 

which you do not own, lease or rent

and is not in your care, custody or 

control that is on or within one mile of

a covered "location", and is supplying

you with electricity, gas, water, 

steam, heat, refrigeration, air conditioning or communication services.

At the time the breakdown occurs, it must 

become apparent by physical damage 

that requires repair or replacement of the 

covered equipment or part thereof. b. None of the following is an "accident":

(1) Depletion, deterioration, corrosion or 

erosion, wear and tear;

(2) Leakage at any valve, fitting, shaft

seal, gland packing, joint or connection;

(3) The functioning of any safety or protective device; or

(4) The breakdown of any structure or 

foundation.

c. None of the following are covered equipment:

(1) Any sewer piping, underground gas

piping, or piping forming a part of a 

sprinkler system;

(2) Water piping other than boiler feed 

water piping, boiler condensate return

piping or water piping forming a part 

of a refrigeration or air conditioning 

system;

(3) Insulating or refractory material;

(4) Vehicle, elevator, escalator, conveyor, hoist or crane; or

(5) Felt, wire, screen, die, extrusion 

plate, swing hammer, grinding disc, cutting blade, non-electrical cable,

chain, belt, rope, clutch plate, brake 

pad, nonmetallic part, or any part or 

tool subject to periodic replacement.

d. If a strike, riot, civil commotion, act of 

sabotage or vandalism results in an "accident", this insurance applies. However, 

the War and Military Action Exclusion and 

the conditions of this Coverage Part still 

apply.

2. "Drying out" means restoration of electrical 

equipment to service following a "flood" by removal of excess moisture from that equipment 

including:

a. Application of heat or controlled electrical 

current, circulation of air, or use of dehumidification equipment, after rinsing the 

electrical equipment with clean fresh water if necessary to flush away "flood" debris;

b. "Drying out" can be done in place or 

equipment can be disconnected and removed to a repair facility for drying if necessary.

c. "Drying out" does not include or apply to:

(1) Replacement or repair of any electrical equipment or parts thereof; or

(2) Any expense related to deconstruction, demolition, or reconstruction of

any building component, structure or 

part thereof to gain access to electrical equipment.

3. "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas due to:

a. The overflow of inland or tidal waters;

b. The unusual or rapid accumulation or 

runoff of surface waters from any source; 

or

c. Mudslides or mudflows, which are caused 

by flooding as defined above in Paragraph 

3.b. For the purpose of this Covered 

Cause of Loss, a mudslide or mudflow involves a river of liquid and flowing mud on 

the surface of normally dry land areas as

when earth is carried by a current of water 

and deposited along the path of the current.

All flooding in a continuous or protracted 

event will constitute a single "flood".

4. "Hazardous Substance" means a substance

declared to be hazardous to health by a governmental agency.

5. "Production Machinery" means:

a. Production or process machine or apparatus that processes, forms, cuts, shapes

grinds or conveys raw material, material in 

process or finished products, and the 

computers and their peripherals that control or operate such a machine or apparatus. b. Machine or apparatus used for research, 

medical, diagnostic, surgical, dental or 

pathological purposes, and computers

and their peripherals that control or operate such a machine or apparatus.

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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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THE CINCINNATI INSURANCE COMPANY

A Stock Insurance Company

COMMERCIAL GENERAL LIABILITY COVERAGE

PART DECLARATIONS

Attached to and forming part of POLICY NUMBER:

Named Insured is the same as it appears in the Common Policy Declarations

LIMITS OF INSURANCE

EACH OCCURRENCE LIMIT $

GENERAL AGGREGATE LIMIT $

PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $

PERSONAL & ADVERTISING INJURY LIMIT $ ANY ONE PERSON OR

ORGANIZATION

DAMAGE TO PREMISES RENTED TO YOU LIMIT ANY ONE

$100,000 limit unless otherwise indicated herein: $ PREMISES

MEDICAL EXPENSE LIMIT

$5,000 limit unless otherwise indicated herein: $ ANYONEPERSON

ECP 026 96 01

2,000,000

4,000,000

4,000,000

2,000,000

2,000,000

SEE GCP203

CLASSIFICATION CODE

NO.

PREMIUM

BASE

RATE ADVANCE PREMIUM

A - Area B - Payroll

C - Gross Sales D - Units E - Other

Products /

Completed

Operations

All Other Products /

Completed

Operations

All Other

LOC. 1 - IL

DENTISTS 06034 A3,000 147.672 443

INCL PROD AND/OR COMP OP

BROADENED COVERAGE 20291 2.5% 150 MP

BI EXCEPTIONS TO 20410 2% 50MP

POLLUTANT EXCLUSION

The General Liability Coverage Part is subject to an

annual minimum premium.

TOTAL ANNUAL PREMIUM $ 643

FORMS AND / OR ENDORSEMENTS APPLICABLE TO COMMERCIAL GENERAL LIABILITY COVERAGE PART:

GA101 12/04 COMMERCIAL GENERAL LIABILITY COVERAGE FORM

NOTICE TO POLICYHOLDERS - MOBILE EQUIPMENT SUBJECT TO MOTOR 

VEHICLE INSURANCE LAWS

GA4251 01/06

GCP203 05/11 CINCIPAKTM COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT

CG2027 11/85 ADDITIONAL INSURED - CO-OWNER OF INSURED PREMISES

CG2244 07/98 EXCLUSION - SERVICES FURNISHED BY HEALTH CARE PROVIDERS

EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL 

INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY 

INJURY EXCEPTION

GA3024 05/14

GA4205IL 10/01 ILLINOIS CHANGES - KNOWN INJURY OR DAMAGE

GA4250 11/05 MOBILE EQUIPMENT SUBJECT TO MOTOR VEHICLE INSURANCE LAWS

GA478 12/04 BODILY INJURY EXCEPTIONS TO POLLUTANT EXCLUSION

GCP201 05/11 CINCIPAKTM COMMERCIAL GENERAL LIABILITY AMENDATORY ENDORSEMENT

GA 532 07 08 Page of ECP 026 96 01 1 1

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GA 101 12 04 Services Office, Inc., with its permission. Page 1 of 22

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

Various provisions in this Coverage Part restrict

this insurance. Read the entire Coverage Part

carefully to determine rights, duties and what is

and is not covered.

Throughout this Coverage Part the words "you"

and "your" refer to the Named Insured shown in

the Declarations, and any other person or organi- zation qualifying as a Named Insured under this

Coverage Part. The words "we", "us" and "our"

refer to the Company providing this insurance.

The word "insured" means any person or organi- zation qualifying as such under SECTION II - WHO

IS AN INSURED. Other words and phrases that appear in quotation

marks have special meaning. Refer to SECTION

V - DEFINITIONS. SECTION I - COVERAGES

COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY

1. Insuring Agreement

a. We will pay those sums that the insured

becomes legally obligated to pay as

damages because of "bodily injury" or

"property damage" to which this insur- ance applies. We will have the right and

duty to defend the insured against any

"suit" seeking those damages. However,

we will have no duty to defend the in- sured against any "suit" seeking dam- ages for "bodily injury" or "property dam- age" to which this insurance does not

apply. We may, at our discretion, investi- gate any "occurrence" and settle any

claim or "suit" that may result. But:

(1) The amount we will pay for damages

is limited as described in SECTION

III - LIMITS OF INSURANCE; and

(2) Our right and duty to defend ends

when we have used up the applica- ble limit of insurance in the payment

of judgments or settlements under

SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND

PROPERTY DAMAGE LIABILITY;

SECTION I - COVERAGES, COV- ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY; or

medical expenses under SECTION I - COVERAGES, COVERAGE C.

MEDICAL PAYMENTS. No other obligation or liability to pay sums

or perform acts or services is covered

unless expressly provided for under

SUPPLEMENTARY PAYMENTS - COV- ERAGES A AND B. b. This insurance applies to "bodily injury"

and "property damage" only if:

(1) The "bodily injury" or "property dam- age" is caused by an "occurrence"

that takes place in the "coverage territory";

(2) The "bodily injury" or "property dam- age" occurs during the policy period;

and

(3) Prior to the "coverage term" in which

"bodily injury" or "property damage"

occurs, you did not know, per Para- graph 1.d. below, that the "bodily injury" or "property damage" had oc- curred or had begun to occur, in

whole or in part.

c. "Bodily injury" or "property damage"

which:

(1) Occurs during the "coverage term";

and

(2) Was not, prior to the "coverage

term", known by you, per Paragraph

1.d. below, to have occurred;

includes any continuation, change or re- sumption of that "bodily injury" or "prop- erty damage" after the end of the "cover- age term" in which it first became known

by you.

d. You will be deemed to know that "bodily

injury" or "property damage" has oc- curred at the earliest time when any

"authorized representative":

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

injury" or "property damage" to us or

any other insurer;

(2) Receives a written or verbal demand

or claim for damages because of the

"bodily injury" or "property damage";

(3) First observes, or reasonably should

have first observed, the "bodily injury" or "property damage";

(4) Becomes aware, or reasonably

should have become aware, by any

means other than as described in (3)

above, that "bodily injury" or "prop- erty damage" had occurred or had

begun to occur; or

(5) Becomes aware, or reasonably

should have become aware, of a

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condition from which "bodily injury"

or "property damage" is substantially

certain to occur.

e. Damages because of "bodily injury" in- clude damages claimed by any person or

organization for care, loss of services or

death resulting at any time from the "bodily injury".

2. Exclusions

This insurance does not apply to:

a. Expected or Intended Injury

"Bodily injury" or "property damage"

which may reasonably be expected to re- sult from the intentional or criminal acts of

the insured or which is in fact expected or

intended by the insured, even if the injury

or damage is of a different degree or type

than actually expected or intended. This

exclusion does not apply to "bodily injury"

resulting from the use of reasonable force

to protect persons or property.

b. Contractual Liability

"Bodily injury" or "property damage" for

which the insured is obligated to pay

damages by reason of the assumption of

liability in a contract or agreement. This

exclusion does not apply to liability for

damages:

(1) That the insured would have in the

absence of the contract or agree- ment; or

(2) Assumed in a contract or agreement

that is an "insured contract", pro- vided the "bodily injury" or "property

damage" occurs subsequent to the

execution of the contract or agree- ment. When a claim for such "bodily

injury" or "property damage" is

made, we will defend that claim pro- vided the insured has assumed the

obligation to defend such claim in the

"insured contract". Such defense

payments will not reduce the limits of

insurance.

c. Liquor Liability

"Bodily injury" or "property damage" for

which any insured may be held liable by

reason of:

(1) Causing or contributing to the intoxi- cation of any person;

(2) The furnishing of alcoholic bever- ages to a person under the legal

drinking age or under the influence

of alcohol; or

(3) Any statute, ordinance or regulation

relating to the sale, gift, distribution

or use of alcoholic beverages.

This exclusion applies only if you are in

the business of manufacturing, distributing, selling, serving or furnishing alcoholic

beverages.

d. Workers' Compensation and Similar

Laws

Any obligation of the insured under a

workers' compensation, disability benefits

or unemployment compensation law or

any similar law.

e. Employer's Liability

"Bodily injury" to:

(1) An "employee" of the insured sustained in the "workplace";

(2) An "employee" of the insured arising

out of the performance of duties related to the conduct of the insured's

business; or

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

sister of that "employee" as a conse- quence of Paragraphs (1) or (2)

above.

This exclusion applies:

(1) Whether the insured may be liable

as an employer or in any other ca- pacity; and

(2) To any obligation to share damages

with or repay someone else who

must pay damages because of the

injury.

This exclusion does not apply to liability

assumed by the insured under an "in- sured contract".

f. Pollutant

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

arising out of the actual, alleged or

threatened discharge, dispersal,

seepage, migration, release, escape

or emission of "pollutants":

(a) At or from any premises, site or

location which is or was at any

time owned or occupied by, or

rented or loaned to, any insured.

However, Paragraph (a) does

not apply to:

1) "Bodily injury" to any person

injured while on any premises, site or location owned

or occupied by, or rented or

loaned to, you provided:

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a) The injury is caused by

the inadequate ventilation of vapors;

b) The person injured is

first exposed to such

vapors during the policy period; and

c) Within 30 days of such

first exposure, the per- son injured is clinically

diagnosed or treated

by a physician for the

medical condition

caused by the expo- sure to such vapors.

However, Paragraph c)

does not apply if the

"bodily injury" is caused

by vapors produced by

or originating from

equipment that is used

to heat, cool or dehu- midify the building, or

equipment that is used

to heat water for per- sonal use, by the

building's occupants or

their guests.

This exception 1) shall ap- ply only to Named Insureds;

we shall have no duty to

defend or pay damages for

any person or organization

that is not a Named In- sured. However, this para- graph does not apply if the

"bodily injury" is caused by

vapors produced by or

originating from equipment

that is used to heat, cool or

dehumidify the building, or

equipment that is used to

heat water for personal use,

by the building's occupants

or their guests.

For the purpose of the ex- ception granted in Para- graph 1) only, vapors

means any gaseous or air- borne irritant or airborne

contaminant, including

smoke, fumes, vapor or

soot, but excluding asbestos, which is discharged,

dispersed, emitted, released or escapes from

materials, machinery or

equipment used in the

service or maintenance of

the premises. Vapors does

not mean any gaseous or

airborne irritants or contaminants used in a manufacturing process or which

is the product or by-product

of any manufacturing proc- ess;

2) "Bodily injury" or "property

damage" for which you may

be held liable, if you are a

contractor, and the owner

or lessee of such premises,

site or location has been

added to this Coverage Part

as an additional insured

with respect to your ongoing operations or "your

work" performed for that

additional insured at that

premises, site or location

and such premises, site or

location is not and never

was owned or occupied by,

or rented or loaned to, any

insured, other than that ad- ditional insured; or

3) "Bodily injury" or "property

damage" arising out of heat,

smoke or fumes from a

"hostile fire";

(b) At or from any premises, site or

location which is or was at any

time used by or for any insured

or others for the handling, stor- age, disposal, processing or

treatment of waste;

(c) Which are or were at any time

transported, handled, stored,

treated, disposed of, or proc- essed as waste by or for:

1) Any insured; or

2) Any person or organization

for whom you may be le- gally responsible;

(d) At or from any premises, site or

location on which any insured or

any contractors or subcontractors working directly or indirectly

on any insured's behalf are

performing operations if the

"pollutants" are brought on or to

the premises, site or location in

connection with such operations

by such insured, contractor or

subcontractor. However, Para- graph (d) does not apply to:

1) "Bodily injury" or "property

damage" arising out of the

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cape or emission of fuels,

lubricants or other operating

fluids, or exhaust gases,

which are needed to perform, or are the result of,

the normal electrical, hy- draulic or mechanical functions necessary for the op- eration of "mobile equip- ment" or its parts, if such

fuels, lubricants or other

operating fluids, or exhaust

gases, escape, seep or mi- grate, or are discharged,

dispersed, released or

emitted from a vehicle part

designed to hold, store or

receive them. This exception does not apply if the fu- els, lubricants or other op- erating fluids, or exhaust

gases, escape, seep or mi- grate, or are discharged,

dispersed, released or

emitted with the intent to

cause "bodily injury" or

"property damage" or with

the knowledge that "bodily

injury" or "property damage"

is substantially certain to

occur, or if such fuels, lubri- cants or other operating

fluids, or exhaust gases,

are brought on or to the

premises, site or location

with such intent to escape,

seep or migrate, or be dis- charged, dispersed, released or emitted as part of

the operations being performed by such insured,

contractor or subcontractor;

2) "Bodily injury" or "property

damage" sustained within a

building and caused by the

release of gases, fumes or

vapors from materials

brought into that building in

connection with operations

being performed by you or

on your behalf by a contractor or subcontractor; or

3) "Bodily injury" or "property

damage" arising out of heat,

smoke or fumes from a

"hostile fire"; or

(e) At or from any premises, site or

location on which any insured or

any contractors or subcontractors working directly or indirectly

on any insured's behalf are

performing operations if the operations are to test for, monitor,

clean up, remove, contain, treat,

detoxify or neutralize, or in any

way respond to, or assess the

effects of, "pollutants".

(2) Any loss, cost or expense arising out

of any:

(a) Request, demand, order or

statutory or regulatory require- ment that any insured or others

test for, monitor, clean up, re- move, contain, treat, detoxify or

neutralize, or in any way re- spond to, or assess the effects

of, "pollutants"; or

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

governmental authority for dam- ages because of testing for,

monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any

way responding to, or assessing

the effects of, "pollutants".

However, Paragraphs (2)(a) and (b)

do not apply to liability for damages

because of "property damage" that

the insured would have in the ab- sence of such request, demand, or- der or statutory or regulatory re- quirement, or such claim or "suit" by

or on behalf of a governmental

authority.

g. Aircraft, Auto or Watercraft

"Bodily injury" or "property damage" arising out of the ownership, maintenance,

use or entrustment to others of any air- craft, "auto" or watercraft owned or oper- ated by or rented or loaned to any in- sured. Use includes operation and

"loading or unloading".

This exclusion applies even if the claims

against any insured allege negligence or

other wrongdoing in the supervision, hiring, employment, training or monitoring of

others by that insured, if the "occurrence"

which caused the "bodily injury" or "prop- erty damage" involved the ownership,

maintenance, use or entrustment to oth- ers of any aircraft, "auto" or watercraft

that is owned or operated by or rented or

loaned to any insured.

This exclusion does not apply to:

(1) A watercraft while ashore on premises you own or rent;

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

(a) Less than 51 feet long; and

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(b) Not being used to carry persons

or property for a charge;

(3) Parking an "auto" on, or on the ways

next to, premises you own or rent,

provided the "auto" is not owned by

or rented or loaned to you or the in- sured;

(4) Liability assumed under any "insured

contract" for the ownership, mainte- nance or use of aircraft or watercraft;

or

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

arising out of:

(a) The operation of machinery or

equipment that is on, attached

to, or part of, a land vehicle that

would qualify under the definition of "mobile equipment" if it

were not subject to a compul- sory or financial responsibility

law or other motor vehicle insur- ance law in the state where it is

licensed or principally garaged;

or

(b) The operation of any of the ma- chinery or equipment listed in

Paragraph f.(2) or f.(3) of the

definition of "mobile equipment".

h. Mobile Equipment

"Bodily injury" or "property damage" arising out of:

(1) The transportation of "mobile equip- ment" by an "auto" owned or oper- ated by or rented or loaned to any

insured; or

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

while in practice for, or while being

prepared for, any prearranged racing, speed, demolition, or stunting

activity.

i. War

"Bodily injury" or "property damage",

however caused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil

war;

(2) Warlike action by a military force, in- cluding action in hindering or defending against an actual or ex- pected attack, by any government,

sovereign or other authority using

military personnel or other agents; or

(3) Insurrection, rebellion, revolution,

usurped power, or action taken by

governmental authority in hindering

or defending against any of these.

j. Damage to Property

"Property damage" to:

(1) Property you own, rent or occupy,

including any costs or expenses in- curred by you, or any other person,

organization or entity, for repair, re- placement, enhancement, restoration or maintenance of such property

for any reason, including prevention

of injury to a person or damage to

another's property;

(2) Premises you sell, give away or

abandon, if the "property damage"

arises out of any part of those premises;

(3) Property loaned to you;

(4) Personal property in the care, custody or control of an insured;

(5) That particular part of real property

on which you or any contractors or

subcontractors working directly or

indirectly on your behalf are performing operations, if the "property

damage" arises out of those operations; or

(6) That particular part of any property

that must be restored, repaired or

replaced because "your work" was

incorrectly performed on it.

Paragraphs (1), (3) and (4) of this exclu- sion do not apply to "property damage"

(other than damage by fire or explosion)

to premises, including the contents of

such premises, rented to you for a period

of 7 or fewer consecutive days, for which

the amount we will pay is limited to the

Damage To Premises Rented To You

Limit as described in SECTION III - LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not

apply if the premises are "your work" and

were never occupied, rented or held for

rental by you.

Paragraphs (3), (4), (5) and (6) of this ex- clusion do not apply to liability assumed

under a sidetrack agreement.

Paragraph (6) of this exclusion does not

apply to "property damage" included in

the "products-completed operations haz- ard".

k. Damage to Your Product

"Property damage" to "your product"

arising out of it or any part of it.

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l. Damage to Your Work

"Property damage" to "your work" arising

out of it or any part of it and included in

the "products-completed operations haz- ard".

This exclusion does not apply if the dam- aged work or the work out of which the

damage arises was performed on your

behalf by a subcontractor.

m. Damage to Impaired Property or Prop- erty Not Physically Injured

"Property damage" to "impaired property"

or property that has not been physically

injured, arising out of:

(1) A defect, deficiency, inadequacy or

dangerous condition in "your prod- uct" or "your work"; or

(2) A delay or failure by you or anyone

acting on your behalf to perform a

contract or agreement in accordance

with its terms.

This exclusion does not apply to the loss

of use of other property arising out of

sudden and accidental physical injury to

"your product" or "your work" after it has

been put to its intended use.

n. Recall of Products, Work or Impaired

Property

Any liability or damages claimed for any

loss, cost or expense incurred by you or

others for the loss of use, withdrawal, re- call, inspection, repair, replacement, adjustment, removal or disposal of:

(1) "Your product";

(2) "Your work"; or

(3) "Impaired property";

if such product, work or property is with- drawn or recalled from the market or from

use by any person or organization be- cause of a known or suspected defect,

deficiency, inadequacy or dangerous

condition in it.

o. Personal and Advertising Injury

"Bodily injury" arising out of "personal and

advertising injury".

p. Asbestos

"Bodily injury" or "property damage" arising out of, attributable to, or any way related to asbestos in any form or trans- mitted in any manner.

q. Employment-Related Practices

"Bodily injury" to:

(1) A person arising out of any:

(a) Refusal to employ that person;

(b) Termination of that person's

employment; or

(c) Other employment-related practices, policies, acts or omissions

including but not limited to coer- cion, criticism, demotion,

evaluation, failure to promote,

reassignment, discipline, defa- mation, harassment, humiliation

or discrimination directed at that

person; or

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

sister of that person as a conse- quence of "bodily injury" to that per- son at whom any of the employmentrelated practices described in Para- graphs (a), (b) or (c) above is directed.

This exclusion applies:

(1) Whether the insured may be liable

as an employer or in any other ca- pacity; and

(2) To any obligation to share damages

with or repay someone else who

must pay damages because of the

injury.

r. Additional Insured Prior Knowledge

An additional insured added by attach- ment of an endorsement to this Coverage

Part that is seeking coverage for a claim

or "suit", if that additional insured knew,

per the following paragraph, that "bodily

injury" or "property damage" had oc- curred or had begun to occur, in whole or

in part, prior to the "coverage term" in

which such "bodily injury" or "property

damage" occurs or begins to occur.

An additional insured added by attach- ment of an endorsement to this Coverage

Part will be deemed to have known that

"bodily injury" or "property damage" has

occurred or has begun to occur at the

earliest time when that additional insured,

or any one of its owners, members, part- ners, managers, executive officers, "em- ployees" assigned to manage that additional insured's insurance program, or

"employees" assigned to give or receive

notice of an "occurrence", "personal and

advertising injury" offense, claim or "suit":

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

injury" or "property damage" to us or

any other insurer;

(2) Receives a written or verbal demand

or claim for damages because of the

"bodily injury" or "property damage";

(3) First observes, or reasonably should

have first observed, the "bodily injury" or "property damage";

(4) Becomes aware, or reasonably

should have become aware, by any

means other than as described in (3)

above, that "bodily injury" or "prop- erty damage" had occurred or had

begun to occur; or

(5) Becomes aware, or reasonably

should have become aware, of a

condition from which "bodily injury"

or "property damage" is substantially

certain to occur.

s. Electronic Data

Damages arising out of the loss of, loss

of use of, damage to, corruption of, in- ability to access, or inability to manipulate

"electronic data".

t. Distribution of Material in Violation of

Statutes

"Bodily injury" or "property damage" arising directly or indirectly out of any action

or omission that violates or is alleged to

violate:

a. The Telephone Consumer Protection

Act (TCPA), including any amend- ment of or addition to such law; or

b. The CAN-SPAM Act of 2003, including any amendment of or addition to

such law; or

c. Any statute, ordinance or regulation,

other than the TCPA or CAN-SPAM

Act of 2003, that prohibits or limits the

sending, transmitting, communicating

or distribution of material or information.

Exclusions c. through q. do not apply to

"property damage" by fire or explosion to

premises while rented to you or temporarily

occupied by you with permission of the owner,

for which the amount we will pay is limited to

the Damage to Premises Rented To You Limit

as described in SECTION III - LIMITS OF IN- SURANCE. COVERAGE B. PERSONAL AND ADVERTISING

INJURY LIABILITY

1. Insuring Agreement

a. We will pay those sums that the insured

becomes legally obligated to pay as

damages because of "personal and ad- vertising injury" to which this insurance

applies. We will have the right and duty

to defend the insured against any "suit"

seeking those damages. However, we

will have no duty to defend the insured

against any "suit" seeking damages for

"personal and advertising injury" to which

this insurance does not apply. We may,

at our discretion, investigate any offense

and settle any claim or "suit" that may re- sult. But:

(1) The amount we will pay for damages

is limited as described in SECTION

III - LIMITS OF INSURANCE; and

(2) Our right and duty to defend ends

when we have used up the applica- ble limit of insurance in the payment

of judgments or settlements under

SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND

PROPERTY DAMAGE LIABILITY;

SECTION I - COVERAGES, COV- ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY; or

medical expenses under SECTION I - COVERAGES, COVERAGE C.

MEDICAL PAYMENTS. No other obligation or liability to pay sums

or perform acts or services is covered

unless expressly provided for under

SUPPLEMENTARY PAYMENTS - COV- ERAGES A AND B. b. This insurance applies to "personal and

advertising injury" only if:

(1) The "personal and advertising injury"

is caused by an offense arising out

of your business; and

(2) The "personal and advertising injury"

offense was committed in the "cov- erage territory" during the policy period; and

(3) Prior to the "coverage term" in which

the "personal and advertising injury"

offense is committed, you did not

know, per Paragraph 1.d. below, that

the offense had been committed or

had begun to be committed, in whole

or in part.

c. "Personal and advertising injury" caused

by an offense which:

(1) Was committed during the "coverage

term"; and

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(2) Was not, prior to the "coverage

term", known by you, per Paragraph

1.d. below, to have been committed;

includes any continuation, change or re- sumption of that offense after the end of

the "coverage term" in which it first be- came known by you.

d. You will be deemed to know that a "per- sonal and advertising injury" offense has

been committed at the earliest time when

any "authorized representative":

(1) Reports all, or any part, of the "per- sonal and advertising injury" to us or

any other insurer;

(2) Receives a written or verbal demand

or claim for damages because of the

"personal and advertising injury";

(3) First observes, or reasonably should

have first observed, the offense that

caused the "personal and advertising injury";

(4) Becomes aware, or reasonably

should have become aware, by any

means, other than as described in

(3) above, that the offense had been

committed or had begun to be com- mitted; or

(5) Becomes aware, or reasonably

should have become aware, of a

condition from which "personal and

advertising injury" is substantially

certain to occur.

2. Exclusions

This insurance does not apply to:

a. Knowing Violation of Rights of Another

"Personal and advertising injury" caused

by or at the direction of the insured with

the knowledge that the act would violate

the rights of another and would inflict

"personal and advertising injury".

b. Material Published With Knowledge of

Falsity

"Personal and advertising injury" arising

out of oral or written publication of material, if done by or at the direction of the in- sured with knowledge of its falsity.

c. Material Published Prior to Coverage

Term

"Personal and advertising injury" arising

out of oral or written publication of material whose first publication took place before the later of the following:

(1) The inception of this Coverage Part;

or

(2) The "coverage term" in which insur- ance coverage is sought.

d. Criminal Acts

"Personal and advertising injury" arising

out of a criminal act committed by or at

the direction of the insured.

e. Contractual Liability

"Personal and advertising injury" for

which the insured is obligated to pay

damages by reason of the assumption of

liability in a contract or agreement. This

exclusion does not apply to liability for

damages:

(1) That the insured would have in the

absence of the contract or agree- ment; or

(2) Assumed in a contract or agreement

that is an "insured contract", pro- vided the "personal and advertising

injury" is caused by or arises out of

an offense committed subsequent to

the execution of the contract or

agreement. When a claim for such

"personal and advertising injury" is

made, we will defend that claim, pro- vided the insured has assumed the

obligation to defend such claim in the

"insured contract". Such defense

payments will not reduce the limits of

insurance.

f. Breach of Contract

"Personal and advertising injury" arising

out of a breach of contract, except an im- plied contract to use another's advertising

idea in your "advertisement".

g. Quality or Performance of Goods - Failure to Conform to Statements

"Personal and advertising injury" arising

out of the failure of goods, products or

services to conform with any statement of

quality or performance made in your "ad- vertisement".

h. Wrong Description of Prices

"Personal and advertising injury" arising

out of the wrong description of the price

of goods, products or services stated in

your "advertisement".

i. Infringement of Copyright, Patent,

Trademark or Trade Secret

"Personal and advertising injury" arising

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ent, trademark, trade secret or other intellectual property rights.

However, this exclusion does not apply to

infringement, in your "advertisement", of

copyright, trade dress or slogan.

j. Insureds in Media and Internet Type

Businesses

"Personal and advertising injury" com- mitted by an insured whose business is:

(1) Advertising, broadcasting, publishing

or telecasting;

(2) Designing or determining content of

web-sites for others; or

(3) An Internet search, access, content

or service provider.

However, this exclusion does not apply to

Paragraphs 17. a., b. and c. of "personal

and advertising injury" under SECTION V

- DEFINITIONS. For the purposes of this exclusion, the

placing of frames, borders or links, or ad- vertising, for you or others anywhere on

the Internet is not, by itself, considered

the business of advertising, broadcasting,

publishing or telecasting.

k. Electronic Chatrooms or Bulletin

Boards

"Personal and advertising injury" arising

out of an electronic chatroom or bulletin

board any insured hosts, owns, or over

which any insured exercises control.

l. Unauthorized Use of Another's Name

or Product

"Personal and advertising injury" arising

out of the unauthorized use of another's

name or product in your e-mail address,

domain name or metatag, or any other

similar tactics to mislead another's potential customers.

m. Employment Related Practices

"Personal and advertising injury" to:

(1) A person arising out of any:

(a) Refusal to employ that person;

(b) Termination of that person's

employment; or

(c) Other employment-related practices, policies, acts or omissions

including but not limited to coer- cion, criticism, demotion,

evaluation, failure to promote,

reassignment, discipline, defa- mation, harassment, humiliation

or discrimination directed at that

person; or

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

sister of that person as a conse- quence of "personal and advertising

injury" to that person at whom any of

the employment-related practices

described in Paragraphs (a), (b) or

(c) above is directed.

This exclusion applies:

(1) Whether the insured may be liable

as an employer or in any other ca- pacity; and

(2) To any obligation to share damages

with or repay someone else who

must pay damages because of the

injury.

n. Pollutant

"Personal and advertising injury" arising

out of the actual, alleged or threatened

discharge, dispersal, seepage, migration,

release, escape or emission of "pollut- ants" at any time.

o. Pollutant-Related

Any loss, cost or expense arising out of

any:

(1) Request, demand, order or statutory

or regulatory requirement that any

insured or others test for, monitor,

clean up, remove, contain, treat,

detoxify or neutralize, or in any way

respond to, or assess the effects of,

"pollutants"; or

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

governmental authority for damages

because of testing for, monitoring,

cleaning up, removing, containing,

treating, detoxifying or neutralizing,

or in any way responding to, or as- sessing the effects of, "pollutants".

p. Asbestos

"Personal and advertising injury" arising

out of, attributable to, or any way related

to asbestos in any form or transmitted in

any manner.

q. Additional Insured Prior Knowledge

An additional insured added by attach- ment of an endorsement to this Coverage

Part that is seeking coverage for a claim

or "suit", if that additional insured knew,

per the following paragraph, that a "per- sonal and advertising injury" offense had

been committed or had begun to be

committed, in whole or in part, prior to the

"coverage term" in which such offense

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was committed or began to be committed.

An additional insured added by attach- ment of an endorsement to this Coverage

Part will be deemed to have known that a

"personal and advertising injury" offense

has been committed or has begun to be

committed at the earliest time when that

additional insured, or any one of its own- ers, members, partners, managers, ex- ecutive officers, "employees" assigned to

manage that additional insured's insur- ance program, or "employees" assigned

to give or receive notice of an "occurrence", "personal and advertising injury"

offense, claim or "suit":

(1) Reports all, or any part, of the "per- sonal and advertising injury" to us or

any other insurer;

(2) Receives a written or verbal demand

or claim for damages because of the

"personal and advertising injury";

(3) First observes, or reasonably should

have first observed, the offense that

caused the "personal and advertising injury";

(4) Becomes aware, or reasonably

should have become aware, by any

means other than as described in (3)

above, that the "personal and advertising injury" offense had been com- mitted or had begun to be committed; or

(5) Becomes aware, or reasonably

should have become aware, of a

condition from which "personal and

advertising injury" is substantially

certain to occur.

r. War

"Personal and advertising injury", how- ever caused, arising, directly or indirectly,

out of:

(1) War, including undeclared or civil

war;

(2) Warlike action by a military force, in- cluding action in hindering or defending against an actual or ex- pected attack, by any government,

sovereign or other authority using

military personnel or other agents; or

(3) Insurrection, rebellion, revolution, usurped power, or action taken by

governmental authority in hindering

or defending against any of these.

s. Distribution of Material in Violation of

Statutes

"Personal and advertising injury" arising

directly or indirectly out of any action or

omission that violates or is alleged to

violate:

a. The Telephone Consumer Protection

Act (TCPA), including any amend- ment of or addition to such law; or

b. The CAN-SPAM Act of 2003, including any amendment of or addition to

such law; or

c. Any statute, ordinance or regulation,

other than the TCPA or CAN-SPAM

Act of 2003, that prohibits or limits the

sending, transmitting, communicating

or distribution of material or information.

COVERAGE C. MEDICAL PAYMENTS

1. Insuring Agreement

a. We will pay medical expenses as de- scribed below for "bodily injury" caused

by an accident:

(1) On premises you own or rent;

(2) On ways next to premises you own

or rent; or

(3) Because of your operations;

provided that:

(1) The accident takes place in the

"coverage territory" and during the

policy period;

(2) The expenses are incurred and re- ported to us within three years of the

date of the accident; and

(3) The injured person submits to ex- amination, at our expense, by physi- cians of our choice as often as we

reasonably require.

b. We will make these payments regardless

of fault. These payments will not exceed

the applicable limit of insurance. We will

pay reasonable expenses for:

(1) First aid administered at the time of

an accident;

(2) Necessary medical, surgical, x-ray

and dental services, including prosthetic devices; and

(3) Necessary ambulance, hospital,

professional nursing and funeral

services.

2. Exclusions

We will not pay expenses for "bodily injury":

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a. Any Insured

To any insured, except "volunteer work- ers".

b. Hired Person

To a person hired to do work for or on

behalf of any insured or a tenant of any

insured.

c. Injury on Normally Occupied Premises

To a person injured on that part of premises you own or rent that the person nor- mally occupies.

d. Workers' Compensation and Similar

Laws

To a person, whether or not an "em- ployee" of any insured, if benefits for the

"bodily injury" are payable or must be

provided under a workers' compensation

or disability benefits law or a similar law.

e. Athletic Activities

To any person injured while officiating,

coaching, practicing for, instructing or

participating in any physical exercises or

games, sports, or athletic contests or ex- hibitions of an athletic or sports nature.

f. Products-Completed Operations Haz- ard

Included within the "products-completed

operations hazard".

g. Coverage A Exclusions

Excluded under COVERAGE A. BODILY

INJURY AND PROPERTY DAMAGE LI- ABILITY. SUPPLEMENTARY PAYMENTS - COVERAGES

A AND B

We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we

defend:

1. All expenses we incur.

2. Up to $250 for cost of bail bonds required be- cause of accidents or traffic law violations

arising out of the use of any vehicle to which

the Bodily Injury Liability Coverage applies.

We do not have to furnish these bonds.

3. The cost of bonds to release attachments, but

only for bond amounts within the applicable

limit of insurance. We do not have to furnish

these bonds.

4. All reasonable expenses incurred by the in- sured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a

day because of time off from work.

5. All costs taxed against the insured in the

"suit".

6. Prejudgment interest awarded against the

insured on that part of the judgment we be- come obligated to pay and which falls within

the applicable limit of insurance. If we make

an offer to pay the applicable limit of insur- ance, we will not pay any prejudgment interest

based on that period of time after the offer.

7. All interest on the full amount of any judgment

that accrues after entry of the judgment and

before we have paid, offered to pay, or de- posited in court the part of the judgment that

is within the applicable limit of insurance.

These payments will not reduce the limits of insur- ance.

SECTION II - WHO IS AN INSURED

1. If you are designated in the Declarations as:

a. An individual, you and your spouse are

insureds, but only with respect to the

conduct of a business of which you are

the sole owner.

b. A partnership or joint venture, you are an

insured. Your members, your partners,

and their spouses are also insureds, but

only with respect to the conduct of your

business.

c. A limited liability company, you are an in- sured. Your members are also insureds,

but only with respect to the conduct of

your business. Your managers are in- sureds, but only with respect to their duties as your managers.

d. An organization other than a partnership,

joint venture or limited liability company,

you are an insured. Your "executive offi- cers" and directors are insureds, but only

with respect to their duties as your offi- cers or directors. Your stockholders are

also insureds, but only with respect to

their liability as stockholders.

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

are also insureds, but only with respect to

their duties as trustees.

2. Each of the following is also an insured:

a. Your "volunteer workers" only while performing duties related to the conduct of

your business, or your "employees",

other than either your "executive officers"

(if you are an organization other than a

partnership, joint venture or limited liability

company) or your managers (if you are a

limited liability company), but only for acts

within the scope of their employment by

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you or while performing duties related to

the conduct of your business. However,

none of these "employees" or "volunteer

workers" are insureds for:

(1) "Bodily injury" or "personal and ad- vertising injury":

(a) To you, to your partners or

members (if you are a partner- ship or joint venture), to your

members (if you are a limited li- ability company), to a co-

"employee" while in the course

of his or her employment or

performing duties related to the

conduct of your business, or to

your other "volunteer workers"

while performing duties related

to the conduct of your business;

(b) To the spouse, child, parent,

brother or sister of that co-

"employee" or "volunteer

worker" as a consequence of

Paragraph (1)(a) above;

(c) For which there is any obligation

to share damages with or repay

someone else who must pay

damages because of the injury

described in Paragraphs (1)(a)

or (b) above; or

(d) Arising out of his or her providing or failing to provide profes- sional health care services.

(2) "Property damage" to property:

(a) Owned, occupied or used by; or

(b) Rented to, in the care, custody

or control of, or over which

physical control is being exer- cised for any purpose by,

you, any of your "employees", "vol- unteer workers", any partner or

member (if you are a partnership or

joint venture), or any member (if you

are a limited liability company).

b. Any person (other than your "employee"

or "volunteer worker"), or any organization while acting as your real estate man- ager.

c. Any person or organization having proper

temporary custody of your property if you

die, but only:

(1) With respect to liability arising out of

the maintenance or use of that prop- erty; and

(2) Until your legal representative has

been appointed.

d. Your legal representative if you die, but

only with respect to duties as such. That

representative will have all your rights

and duties under this Coverage Part.

3. Any organization you newly acquire or form,

other than a partnership, joint venture or limited liability company, and over which you

maintain ownership or majority interest, will

qualify as a Named Insured if there is no other

similar insurance available to that organization. However:

a. Insurance under this provision is afforded

only until the 90th day after you acquire

or form the organization or the end of the

policy period, whichever is earlier;

b. COVERAGE A. BODILY INJURY AND

PROPERTY DAMAGE LIABILITY does

not apply to "bodily injury" or "property

damage" that occurred before you ac- quired or formed the organization; and

c. COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY does not

apply to "personal and advertising injury"

arising out of an offense committed before you acquired or formed the organi- zation.

No person or organization is an insured with re- spect to the conduct of any current or past part- nership, joint venture or limited liability company

that is not shown as a Named Insured in the Declarations.

SECTION III - LIMITS OF INSURANCE

1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will

pay regardless of the number of:

a. Insureds;

b. Claims made or "suits" brought; or

c. Persons or organizations making claims

or bringing "suits".

2. a. The General Aggregate Limit is the most

we will pay for the sum of:

(1) Medical expenses under COVER- AGE C. MEDICAL PAYMENTS;

(2) Damages under COVERAGE A.

BODILY INJURY AND PROPERTY

DAMAGE LIABILITY, except dam- ages because of "bodily injury" or

"property damage" included in the

"products-completed operations

hazard"; and

(3) Damages under COVERAGE B.

PERSONAL AND ADVERTISING

INJURY LIABILITY.

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gate Limit of Insurance, Paragraph 2.b., or the Construction Project General Ag- gregate Limit of Insurance, Paragraph

2.c. applies.

b. A separate Location General Aggregate

Limit of Insurance, equal to the amount of

the General Aggregate Limit shown in the

Declarations, shall apply to each location

owned by, or rented or leased to you and

is the most we will pay for the sum of:

(1) Damages under COVERAGE A.

BODILY INJURY AND PROPERTY

DAMAGE LIABILITY, except dam- ages because of "bodily injury" or

"property damage" included in the

"products-completed operations

hazard"; and

(2) Medical expenses under COVER- AGE C. MEDICAL PAYMENTS,

which can be attributed to operations at

only a single location owned by, or rented

or leased to you.

c. A separate Construction Project General

Aggregate Limit of Insurance, equal to

the amount of the General Aggregate

Limit shown in the Declarations, shall ap- ply to each construction project and is the

most we will pay for the sum of:

(1) Damages under COVERAGE A.

BODILY INJURY AND PROPERTY

DAMAGE LIABILITY, except dam- ages because of "bodily injury" or

"property damage" included in the

"products-completed operations

hazard"; and

(2) Medical expenses under COVER- AGE C. MEDICAL PAYMENTS;

which can be attributed only to ongoing

operations and only at a single construction project.

d. Only for the purpose of determining which

General Aggregate Limit of Insurance,

2.a., 2.b., or 2.c., applies:

(1) Location means premises involving

the same or connecting lots, or

premises, whose connection is interrupted only by a street, roadway,

waterway or right-of-way of a railroad.

(2) Construction project means a location you do not own, rent or lease

where ongoing improvements, alterations, installation, demolition or

maintenance work is performed by

you or on your behalf. All connected

ongoing improvements, alterations,

installation, demolition or mainte- nance work performed by you or on

your behalf at the same location for

the same persons or organizations,

no matter how often or under how

many different contracts, will be

deemed to be a single construction

project.

3. The Products-Completed Operations Aggre- gate Limit is the most we will pay under COV- ERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY for damages be- cause of "bodily injury" and "property dam- age" included in the "products-completed op- erations hazard".

4. Subject to 2.a. above, the Personal and Ad- vertising Injury Limit is the most we will pay

under COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY for the sum of

all damages because of all "personal and ad- vertising injury" sustained by any one person

or organization.

5. Subject to 2. or 3. above, whichever applies,

the Each Occurrence Limit is the most we will

pay for the sum of:

a. Damages under COVERAGE A. BODILY

INJURY AND PROPERTY DAMAGE LI- ABILITY; and

b. Medical expenses under COVERAGE C.

MEDICAL PAYMENTS;

because of all "bodily injury" and "property

damage" arising out of any one "occurrence".

6. Subject to 5. above, the Damage to Premises

Rented to You Limit is the most we will pay

under COVERAGE A. BODILY INJURY AND

PROPERTY DAMAGE LIABILITY for dam- ages because of "property damage" to any

one premises, while rented to you, or in the

case of damage by fire or explosion, while

rented to you or temporarily occupied by you

with permission of the owner.

7. Subject to 5. above, the Medical Expense

Limit is the most we will pay under COVER- AGE C. MEDICAL PAYMENTS for all medical

expenses because of "bodily injury" sustained

by any one person.

The Limits of Insurance of this Coverage Part ap- ply separately to each "coverage term".

SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS

1. Bankruptcy

Bankruptcy or insolvency of the insured or of

the insured's estate will not relieve us of our

obligations under this Coverage Part.

2. Duties in the Event of Occurrence, Offense,

Claim or Suit

a. You must see to it that we are notified as

soon as practicable of an "occurrence" or

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a "personal and advertising injury" offense which may result in a claim. To the

extent possible, notice should include:

(1) How, when and where the "occurrence" or offense took place;

(2) The names and addresses of any

injured persons and witnesses; and

(3) The nature and location of any injury

or damage arising out of the "occurrence" or offense.

b. If a claim is made or "suit" is brought

against any insured, you must:

(1) Immediately record the specifics of

the claim or "suit" and the date re- ceived; and

(2) Notify us as soon as practicable.

You must see to it that we receive written

notice of the claim or "suit" as soon as

practicable.

c. You and any other involved insured must:

(1) Immediately send us copies of any

demands, notices, summonses or

legal papers received in connection

with the claim or "suit";

(2) Authorize us to obtain records and

other information;

(3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and

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

enforcement of any right against any

person or organization which may be

liable to the insured because of injury or damage to which this insur- ance may also apply.

d. No insured will, except at that insured's

own cost, voluntarily make a payment,

assume any obligation, or incur any ex- pense, other than for first aid, without our

consent.

3. Legal Action Against Us

No person or organization has a right under

this Coverage Part:

a. To join us as a party or otherwise bring

us into a "suit" asking for damages from

an insured; or

b. To sue us on this Coverage Part unless

all of its terms have been fully complied

with.

A person or organization may sue us to re- cover on an agreed settlement or on a final

judgment against an insured; but we will not

be liable for damages that are not payable

under the terms of this Coverage Part or that

are in excess of the applicable limit of insur- ance. An agreed settlement means a settle- ment and release of liability signed by us, the

insured and the claimant or the claimant's le- gal representative.

4. Liberalization

If, within 60 days prior to the beginning of this

Coverage Part or during the policy period, we

make any changes to any forms or endorse- ments of this Coverage Part for which there is

currently no separate premium charge, and

that change provides more coverage than this

Coverage Part, the change will automatically

apply to this Coverage Part as of the latter of:

a. The date we implemented the change in

your state; or

b. The date this Coverage Part became effective; and

will be considered as included until the end of

the current policy period. We will make no

additional premium charge for this additional

coverage during the interim.

5. Other Insurance

If other valid and collectible insurance is

available to the insured for a loss we cover

under COVERAGE A. BODILY INJURY AND

PROPERTY DAMAGE LIABILITY or COV- ERAGE B. PERSONAL AND ADVERTISING

INJURY LIABILITY of this Coverage Part, our

obligations are limited as follows:

a. Primary Insurance

This insurance is primary except when b.

below applies. If this insurance is pri- mary, our obligations are not affected

unless any of the other insurance is also

primary. Then, we will share with all that

other insurance by the method described

in c. below.

b. Excess Insurance

This insurance is excess over:

(1) Any of the other insurance, whether

primary, excess, contingent or on

any other basis:

(a) That is Fire, Extended Cover- age, Builder's Risk, Installation

Risk or similar insurance for

"your work";

(b) That is Fire or Explosion insur- ance for premises rented to you

or temporarily occupied by you

with permission of the owner;

(c) That is insurance purchased by

you to cover your liability as a

tenant for "property damage" to

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premises rented to you or tem- porarily occupied by you with

permission of the owner; or

(d) If the loss arises out of the

maintenance or use of aircraft,

"autos" or watercraft to the extent not subject to SECTION I - COVERAGES, COVERAGE A.

BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY, 2.

Exclusions, g. Aircraft, Auto or

Watercraft.

(2) Any other primary insurance avail- able to the insured covering liability

for damages arising out of the

premises or operations, or the prod- ucts and completed operations, for

which the insured has been added

as an additional insured by attach- ment of an endorsement.

(3) Any other insurance:

(a) Whether primary, excess, contingent or on any other basis,

except when such insurance is

written specifically to be excess

over this insurance; and

(b) That is a consolidated (wrap-up)

insurance program which has

been provided by the prime

contractor/project manager or

owner of the consolidated proj- ect in which you are involved.

When this insurance is excess, we will

have no duty under COVERAGE A.

BODILY INJURY AND PROPERTY

DAMAGE LIABILITY or COVERAGE B.

PERSONAL AND ADVERTISING IN- JURY LIABILITY to defend the insured

against any "suit" if any other insurer has

a duty to defend the insured against that

"suit". If no other insurer defends, we will

undertake to do so, but we will be entitled

to the insured's rights against all those

other insurers.

When this insurance is excess over other

insurance, we will pay only our share of

the amount of the loss, if any, that ex- ceeds the sum of:

(1) The total amount that all such other

insurance would pay for the loss in

the absence of this insurance; and

(2) The total of all deductible and selfinsured amounts under all that other

insurance.

We will share the remaining loss, if any,

with any other insurance that is not de- scribed in this Excess Insurance provi- sion and was not bought specifically to

apply in excess of the Limits of Insurance

shown in the Declarations of this Cover- age Part.

c. Method of Sharing

If all of the other insurance permits contribution by equal shares, we will follow

this method also. Under this approach

each insurer contributes equal amounts

until it has paid its applicable limit of in- surance or none of the loss remains,

whichever comes first.

If any of the other insurance does not

permit contribution by equal shares, we

will contribute by limits. Under this

method, each insurer's share is based on

the ratio of its applicable limit of insurance

to the total applicable limits of insurance

of all insurers.

6. Premium Audit

a. We will compute all premiums for this

Coverage Part in accordance with our

rules and rates.

b. Premium shown in this Coverage Part as

advance premium is a deposit premium

only. At the close of each audit period we

will compute the earned premium for that

period and send notice to the first Named

Insured. The due date for audit and retrospective premiums is the date shown

as the due date on the bill. If:

(1) The earned premium is less than the

deposit premium, we will return the

excess to the first Named Insured; or

(2) The earned premium is greater than

the deposit premium, the difference

will be due and payable to us by the

first Named Insured upon notice from

us.

c. The first Named Insured must keep rec- ords of the information we need for pre- mium computation, and send us copies at

such times as we may request.

7. Representations

By accepting this Coverage Part, you agree:

a. The statements in the Declarations are

accurate and complete;

b. Those statements are based upon repre- sentations you made to us; and

c. We have issued this Coverage Part in reliance upon your representations.

8. Separation of Insureds

Except with respect to the Limits of Insurance,

and any rights or duties specifically assigned

in this Coverage Part to the first Named In- sured, this insurance applies:

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a. As if each Named Insured were the only

Named Insured; and

b. Separately to each insured against whom

claim is made or "suit" is brought.

9. Transfer of Rights of Recovery Against

Others to Us

If the insured has rights to recover all or part

of any payment we have made under this

Coverage Part, those rights are transferred to

us. The insured must do nothing after loss to

impair them. At our request, the insured will

bring "suit" or transfer those rights to us and

help us enforce them.

10. Two or More Coverage Forms or Policies

Issued by Us

If this Coverage Part and any other Coverage

Form, Coverage Part or policy issued to you

by us or any company affiliated with us apply

to the same "occurrence" or "personal and

advertising injury" offense, the aggregate

maximum limit of insurance under all the Cov- erage Forms, Coverage Parts or policies shall

not exceed the highest applicable limit of in- surance under any one Coverage Form, Cov- erage Part or policy. This condition does not

apply to any Coverage Form, Coverage Part

or policy issued by us or an affiliated company

specifically to apply as excess insurance over

this Coverage Part.

11. When We Do Not Renew

If we decide not to renew this Coverage Part,

we will mail or deliver to the first Named In- sured shown in the Declarations written notice

of the nonrenewal not less than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V - DEFINITIONS

1. "Advertisement" means a notice that is broad- cast, telecast or published to the general public or specific market segments about your

goods, products or services for the purpose of

attracting customers or supporters. "Advertisement" includes a publicity article. For pur- poses of this definition:

a. Notices that are published include material placed on the Internet or on similar

electronic means of communication; and

b. Regarding web-sites, only that part of a

web-site that is about your goods, prod- ucts or services for the purposes of attracting customers or supporters is con- sidered an "advertisement".

2. "Authorized representative" means:

a. If you are designated in the Declarations

as:

(1) An individual, you and your spouse

are "authorized representatives".

(2) A partnership or joint venture, your

members, your partners, and their

spouses are "authorized representatives".

(3) A limited liability company, your

members and your managers are

"authorized representatives".

(4) An organization other than a part- nership, joint venture or limited liability company, your "executive offi- cers" and directors are "authorized

representatives". Provided you are

not a publicly traded organization,

your stockholders are also "authorized representatives".

(5) A trust, your trustees are "authorized

representatives".

b. Your "employees":

(1) Assigned to manage your insurance

program; or

(2) Responsible for giving or receiving

notice of an "occurrence", "personal

and advertising injury" offense, claim

or "suit";

are also "authorized representatives".

3. "Auto" means:

a. A land motor vehicle, trailer or semitrailer

designed for travel on public roads, in- cluding any attached machinery or

equipment; or

b. Any other land vehicle that is subject to a

compulsory or financial responsibility law

or other motor vehicle insurance law in

the state where it is licensed or principally

garaged.

However, "auto" does not include "mobile

equipment".

4. "Bodily injury" means bodily injury, sickness or

disease sustained by a person, including

death resulting from any of these at any time.

5. "Coverage term" means the following individ- ual 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 AM

standard time at your mailing address

shown in the Declarations, and if a multiyear policy period, each consecutive an- nual 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

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12:00 AM 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 Cov- erage 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".

6. "Coverage territory" means:

a. The United States of America (including

its territories and possessions), Puerto

Rico and Canada;

b. International waters or airspace, but only

if the injury or damage occurs in the

course of travel or transportation between

any places included in a. above; or

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

damage arises out of:

(1) Goods or products made or sold by

you in the territory described in a.

above;

(2) The activities of a person whose

home is in the territory described in

a. above, but is away for a short time

on your business; or

(3) "Personal and advertising injury" offenses that take place through the

Internet or similar electronic means

of communication,

provided the insured's responsibility to

pay damages is determined in a "suit" on

the merits, in the territory described in a.

above or in a settlement to which we

agree.

7. "Electronic data" means information, facts or

programs stored as or on, created or used on,

or transmitted to or from computer software,

including systems and applications software,

hard or floppy disks, CD-ROMs, tapes, drives,

cells, data processing devices or any other

media which are used with electronically controlled equipment.

8. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary

worker".

9. "Executive officer" means a person holding

any of the officer positions created by your

charter, constitution, by-laws or any other

similar governing document.

10. "Hostile fire" means one which becomes un- controllable or breaks out from where it was

intended to be.

11. "Impaired property" means tangible property,

other than "your product" or "your work", that

cannot be used or is less useful because:

a. It incorporates "your product" or "your

work" that is known or thought to be defective, deficient, inadequate or danger- ous; or

b. You have failed to fulfill the terms of a

contract or agreement;

if such property can be restored to use by:

a. The repair, replacement, adjustment or

removal of "your product" or "your work";

or

b. Your fulfilling the terms of the contract or

agreement.

12. "Insured contract" means:

a. A contract for a lease of premises. How- ever, that portion of the contract for a

lease of premises that indemnifies any

person or organization for "property

damage" by fire or explosion to premises

while rented to you or temporarily occu- pied by you with permission of the owner

is not an "insured contract";

b. A sidetrack agreement;

c. Any easement or license agreement, ex- cept in connection with construction or

demolition operations on or within 50 feet

of a railroad;

d. An obligation, as required by ordinance,

to indemnify a municipality, except in

connection with work for a municipality;

e. An elevator maintenance agreement;

f. That part of any other contract or agree- ment pertaining to your business (including an indemnification of a municipality in

connection with work performed for a

municipality) under which you assume

the tort liability of another party to pay for

"bodily injury", "property damage" or

"personal and advertising injury" to a third

person or organization. Tort liability

means a liability that would be imposed

by law in the absence of any contract or

agreement.

Paragraph f. does not include that part of

any contract or agreement:

(1) That indemnifies a railroad for "bodily

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road property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing;

(2) That indemnifies an architect, engi- neer or surveyor for injury or damage

arising out of:

(a) Preparing, approving, or failing

to prepare or approve, maps,

shop drawings, opinions, re- ports, surveys, field orders,

change orders or drawings and

specifications; or

(b) Giving directions or instructions,

or failing to give them, if that is

the primary cause of the injury

or damage;

(3) Under which the insured, if an architect, engineer or surveyor, assumes

liability for an injury or damage arising out of the insured's rendering or

failure to render professional services, including those listed in Para- graph (2) above and supervisory, in- spection, architectural or engineering

activities;

(4) That indemnifies an advertising, public relations or media consulting firm

for "personal and advertising injury"

arising out of the planning, execution

or failure to execute marketing com- munications programs. Marketing

communications programs include

but are not limited to comprehensive

marketing campaigns; consumer,

trade and corporate advertising for

all media; media planning, buying,

monitoring and analysis; direct mail;

promotion; sales materials; design;

presentations; point-of-sale materi- als; market research; public relations

and new product development;

(5) Under which the insured, if an advertising, public relations or media con- sulting firm, assumes liability for

"personal and advertising injury"

arising out of the insured's rendering

or failure to render professional

services, including those services

listed in Paragraph (4), above;

(6) That indemnifies a web-site designer

or content provider, or Internet

search, access, content or service

provider for injury or damage arising

out of the planning, execution or fail- ure to execute Internet services.

Internet services include but are not

limited to design, production, distri- bution, maintenance and administration of web-sites and web-banners;

hosting web-sites; registering do- main names; registering with search

engines; marketing analysis; and

providing access to the Internet or

other similar networks; or

(7) Under which the insured, if a website designer or content provider, or

Internet search, access, content or

service provider, assumes liability for

injury or damage arising out of the

insured's rendering or failure to ren- der Internet services, including those

listed in Paragraph (6), above.

13. "Leased worker" means a person leased to

you by a labor leasing firm under an agree- ment between you and the labor leasing firm,

to perform duties related to the conduct of

your business. "Leased worker" includes su- pervisors furnished to you by the labor leasing

firm. "Leased worker" does not include a

"temporary worker".

14. "Loading or unloading" means the handling of

property:

a. After it is moved from the place where it is

accepted for movement into or onto an

aircraft, watercraft or "auto";

b. While it is in or on an aircraft, watercraft

or "auto"; or

c. While it is being moved from an aircraft,

watercraft or "auto" to the place where it

is finally delivered;

but "loading or unloading" does not include

the movement of property by means of a me- chanical device, other than a hand truck, that

is not attached to the aircraft, watercraft or

"auto".

15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment:

a. Bulldozers, farm machinery, forklifts and

other vehicles designed for use princi- pally off public roads;

b. Vehicles maintained for use solely on or

next to premises you own or rent;

c. Vehicles that travel on crawler treads;

d. Vehicles, whether self-propelled or not,

maintained primarily to provide mobility to

permanently mounted:

(1) Power cranes, shovels, loaders, dig- gers or drills; or

(2) Road construction or resurfacing

equipment such as graders, scrap- ers or rollers;

e. Vehicles not described in a., b., c. or d.

above that are not self-propelled and are

maintained primarily to provide mobility to

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permanently attached equipment of the

following types:

(1) Air compressors, pumps and gen- erators, including spraying, welding,

building cleaning, geophysical exploration, lighting and well servicing

equipment; or

(2) Cherry pickers and similar devices

used to raise or lower workers;

f. Vehicles not described in a., b., c. or d.

above maintained primarily for purposes

other than the transportation of persons

or cargo.

However, self-propelled vehicles with the

following types of permanently attached

equipment are not "mobile equipment"

but will be considered "autos":

(1) Equipment designed primarily for:

(a) Snow removal;

(b) Road maintenance, but not con- struction or resurfacing; or

(c) Street cleaning;

(2) Cherry pickers and similar devices

mounted on automobile or truck

chassis and used to raise or lower

workers; and

(3) Air compressors, pumps and gen- erators, including spraying, welding,

building cleaning, geophysical exploration, lighting and well servicing

equipment.

However, "mobile equipment" does not in- clude any land vehicles that are subject to a

compulsory or financial responsibility law or

other motor vehicle insurance law in the state

where it is licensed or principally garaged.

Land vehicles subject to a compulsory or fi- nancial responsibility law or other motor vehi- cle insurance law are considered "autos".

16. "Occurrence" means an accident, including

continuous or repeated exposure to substantially the same general harmful conditions.

17. "Personal and advertising injury" means injury, including consequential "bodily injury",

arising out of one or more of the following offenses:

a. False arrest, detention or imprisonment;

b. Malicious prosecution;

c. The wrongful eviction from, wrongful entry

into, or invasion of the right of private oc- cupancy of a room, dwelling or premises

that a person occupies, committed by or

on behalf of its owner, landlord or lessor;

d. Oral or written publication, in any manner,

of material that slanders or libels a per- son or organization or disparages a per- son's or organization's goods, products or

services;

e. Oral or written publication, in any manner,

of material that violates a person's right of

privacy;

f. The use of another's advertising idea in

your "advertisement"; or

g. Infringing upon another's copyright, trade

dress or slogan in your "advertisement".

18. "Pollutant" means any solid, liquid, gaseous or

thermal irritant or contaminant, including

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

chemicals, petroleum, petroleum products

and petroleum by-products, and waste.

Waste includes materials to be recycled, re- conditioned or reclaimed. "Pollutants" include

but are not limited to substances which are

generally recognized in industry or govern- ment to be harmful or toxic to persons, prop- erty or the environment regardless of whether

the injury or damage is caused directly or indirectly by the "pollutants" and whether:

a. The insured is regularly or otherwise en- gaged in activities which taint or degrade

the environment; or

b. The insured uses, generates or produces

the "pollutant".

19. "Products-completed operations hazard":

a. Includes all "bodily injury" and "property

damage" occurring away from premises

you own or rent and arising out of "your

product" or "your work" except:

(1) Products that are still in your physical

possession; or

(2) Work that has not yet been com- pleted or abandoned. However,

"your work" will be deemed com- pleted at the earliest of the following

times:

(a) When all of the work called for in

your contract has been com- pleted; or

(b) When all of the work to be done

at the job site has been com- pleted if your contract calls for

work at more than one job site;

or

(c) When that part of the work done

at a job site has been put to its

intended use by any person or

organization other than another

contractor or subcontractor

working on the same project.

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Includes copyrighted material of Insurance

GA 101 12 04 Services Office, Inc., with its permission. Page 20 of 22

Work that may need service, maintenance, correction, repair or re- placement, but which is otherwise

complete, will be treated as com- pleted.

b. Does not include "bodily injury" or "prop- erty damage" arising out of:

(1) The transportation of property, unless the injury or damage arises out

of a condition in or on a vehicle not

owned or operated by you, and that

condition was created by the "loading or unloading" of that vehicle by

any insured;

(2) The existence of tools, uninstalled

equipment or abandoned or unused

materials; or

(3) Products or operations for which the

classification, listed in the Declarations or in a schedule, states that

products-completed operations are

included.

20. "Property damage" means:

a. Physical injury to tangible property, in- cluding all resulting loss of use of that

property. All such loss of use shall be

deemed to occur at the time of the physi- cal injury that caused it; or

b. Loss of use of tangible property that is

not physically injured. All such loss of

use shall be deemed to occur at the time

of the "occurrence" that caused it.

For the purposes of this insurance, "electronic

data" is not tangible property.

21. "Suit" means a civil proceeding in which

money damages because of "bodily injury",

"property damage" or "personal and advertising injury" to which this insurance applies are

alleged. "Suit" includes:

a. An arbitration proceeding in which such

damages are claimed and to which the

insured must submit or does submit with

our consent;

b. Any other alternative dispute resolution

proceeding in which such damages are

claimed and to which the insured submits

with our consent; or

c. An appeal of a civil proceeding.

22. "Temporary worker" means a person who is

furnished to you to substitute for a permanent

"employee" on leave or to meet seasonal or

short-term workload conditions.

23. "Volunteer worker" means a person who is

not your "employee", and who donates his or

her work and acts at the direction of and

within the scope of duties determined by you,

and is not paid a fee, salary or other compen- sation by you or anyone else for their work

performed for you.

24. "Workplace" means that place and during

such hours to which the "employee" sustaining "bodily injury" was assigned by you, or

any other person or entity acting on your be- half, to work on the date of "occurrence".

25. "Your product":

a. Means:

(1) Any goods or products, other than

real property, manufactured, sold,

handled, distributed or disposed of

by:

(a) You;

(b) Others trading under your name;

or

(c) A person or organization whose

business or assets you have

acquired; and

(2) Containers (other than vehicles),

materials, parts or equipment fur- nished in connection with such

goods or products.

b. Includes:

(1) Warranties or representations made

at any time with respect to the fit- ness, quality, durability, performance

or use of "your product"; and

(2) The providing of or failure to provide

warnings or instructions.

c. Does not include vending machines or

other property rented to or located for the

use of others but not sold.

26. "Your work":

a. Means:

(1) Work or operations performed by

you or on your behalf; and

(2) Materials, parts or equipment fur- nished in connection with such work

or operations.

b. Includes:

(1) Warranties or representations made

at any time with respect to the fit- ness, quality, durability, performance

or use of "your work"; and

(2) The providing of or failure to provide

warnings or instructions.

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Includes copyrighted material of Insurance

GA 101 12 04 Services Office, Inc., with its permission. Page 21 of 22

NUCLEAR ENERGY LIABILITY EXCLUSION

(Broad Form)

1. The insurance does not apply:

A. Under any Liability Coverage, to "bodily

injury" or "property damage":

(1) With respect to which an insured un- der this Coverage Part is also an in- sured under a nuclear energy liability

policy issued by Nuclear Energy Li- ability Insurance Association, Mutual

Atomic Energy Liability Underwriters,

Nuclear Insurance Association of

Canada, or any of their successors,

or would be an insured under any

such policy but for its termination

upon exhaustion of its limit of liability;

or

(2) Resulting from the "hazardous prop- erties" of "nuclear material" and with

respect to which (a) any person or

organization is required to maintain

financial protection pursuant to the

Atomic Energy Act of 1954, or any

law amendatory thereof, or (b) the

insured is, or had this Coverage Part

not been issued would be, entitled to

indemnity from the United States of

America, or any agency thereof, un- der any agreement entered into by

the United States of America, or any

agency thereof, with any person or

organization.

B. Under any Medical Payments coverage,

to expenses incurred with respect to

"bodily injury" resulting from the "hazard- ous properties" of "nuclear material" and

arising out of the operation of a "nuclear

facility" by any person or organization.

C. Under any Liability Coverage, to "bodily

injury" or "property damage" resulting

from the "hazardous properties" of "nu- clear material", if:

(1) The "nuclear material" (a) is at any

"nuclear facility" owned by, or oper- ated by or on behalf of, an insured,

or (b) has been discharged or dis- persed therefrom;

(2) The "nuclear material" is contained in

"spent fuel" or "waste" at any time

possessed, handled, used, proc- essed, stored, transported or dis- posed of, by or on behalf of an in- sured; or

(3) The "bodily injury" or "property dam- age" arises out of the furnishing by

an insured of services, materials,

parts or equipment in connection

with the planning, construction,

maintenance, operation or use of

any "nuclear facility", but if such fa- cility is located within the United

States of America, its territories or

possessions or Canada, this Exclu- sion (3) applies only to "property

damage" to such "nuclear facility"

and any property thereat.

2. As used in this exclusion:

"Hazardous properties" includes radioactive,

toxic or explosive properties.

"Nuclear material" means "source material",

"special nuclear material" or "by-product material".

"Source material", "special nuclear material",

and "by-product material" have the meanings

given them in the Atomic Energy Act of 1954

or in any law amendatory thereof.

"Spent fuel" means any fuel element or fuel

component, solid or liquid, which has been

used or exposed to radiation in a "nuclear re- actor".

"Waste" means any waste material (a) containing "by-product material" other than the

tailings or wastes produced by the extraction

or concentration of uranium or thorium from

any ore processed primarily for its "source

material" content, and (b) resulting from the

operation by any person or organization of

any "nuclear facility" included under the first

two paragraphs of the definition of "nuclear

facility".

"Nuclear facility" means:

A. Any "nuclear reactor";

B. Any equipment or device designed or

used for (1) separating the isotopes of

uranium or plutonium, (2) processing or

utilizing "spent fuel", or (3) handling,

processing or packaging "waste";

C. Any equipment or device used for the

processing, fabricating or alloying of

"special nuclear material" if at any time

the total amount of such material in the

custody of the insured at the premises

where such equipment or device is lo- cated consists of or contains more than

25 grams of plutonium or uranium 233 or

any combination thereof, or more than

250 grams of uranium 235;

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Includes copyrighted material of Insurance

GA 101 12 04 Services Office, Inc., with its permission. Page 22 of 22

D. Any structure, basin, excavation, premises or place prepared or used for the

storage or disposal of "waste";

and includes the site on which any of the

foregoing is located, all operations conducted

on such site and all premises used for such

operations.

"Nuclear reactor" means any apparatus de- signed or used to sustain nuclear fission in a

self-supporting chain reaction or to contain a

critical mass of fissionable material.

"Property damage" includes all forms of ra- dioactive contamination of property.

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GA 4251 01 06

NOTICE TO POLICYHOLDERS - MOBILE EQUIPMENT

SUBJECT TO MOTOR VEHICLE INSURANCE LAWS

This is a notice of a change in your policy. NO COVERAGE IS PROVIDED BY THIS NOTICE nor can it be

construed to replace any provisions of your policy. YOU SHOULD READ YOUR POLICY AND REVIEW

YOUR DECLARATIONS PAGE for complete information on the coverage you are provided. If there is any

conflict between the policy and this notice, THE PROVISIONS OF THE POLICY SHALL PREVAIL.

COMMERCIAL GENERAL LIABILITY COVERAGE PART

GA 4250 Mobile Equipment Subject to Motor Vehicle Insurance Laws has been added to your policy.

This endorsement revises the definitions of "mobile equipment" and "auto" to those definitions used prior to

the introduction of Commercial General Liability Form, GA 101 12 04. This endorsement only applies if you

have no Auto Coverage Form in force or the land vehicle does not meet the definition of auto in your Auto

Coverage Form.

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GCP 203 05 11 Page 1 of 11

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CinciPakTM

COMMERCIAL GENERAL LIABILITY BROADENED

ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. Endorsement - Table of Contents:

Coverage: Begins on Page:

1. Employee Benefit Liability Coverage..................................................................................................2

2. Unintentional Failure to Disclose Hazards .........................................................................................7

3. Medical Payments..............................................................................................................................7

4. 180 Day Coverage for Newly Formed or Acquired Organizations .....................................................7

5. Waiver of Subrogation .......................................................................................................................7

6. Automatic Additional Insured - Specified Relationships: ..................................................................8

• Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; and

• State or Political Subdivisions - Permits Relating to Premises

7. Property Damage to Borrowed Equipment ......................................................................................10

8. Employees as Insureds - Specified Health Care Services: ............................................................11

• Nurses; • Emergency Medical Technicians; and

• Paramedics

9. Broadened Notice of Occurrence.....................................................................................................11

B. Limits of Insurance:

The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorsement, 

except as provided below:

1. Employee Benefit Liability Coverage 

Each Employee Limit: $ 1,000,000

Aggregate Limit: $ 3,000,000

Deductible: $ 1,000

3. Medical Payments

Medical Expense Limit: $ 10,000

7. Property Damage to Borrowed Equipment

Each Occurrence Limit: $ 10,000

Deductible: $ 250

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GCP 203 05 11 Page 2 of 11

C. Coverages

1. Employee Benefit Liability Coverage

a. The following is added to SECTION I - COVERAGES: Employee Benefit 

Liability Coverage.

(1) Insuring Agreement 

(a) We will pay those sums that 

the insured becomes legally

obligated to pay as damages

caused by any act, error or

omission of the insured, or

of any other person for 

whose acts the insured is legally liable, to which this insurance applies. We will 

have the right and duty to

defend the insured against

any "suit" seeking those

damages. However, we will

have no duty to defend 

against any "suit" seeking

damages to which this insurance does not apply. We

may, at our discretion, investigate any report of an act,

error or omission and settle 

any claim or "suit" that may 

result. But:

1) The amount we will pay

for damages is limited 

as described in SECTION III - LIMITS OF

INSURANCE; and

2) Our right and duty to defend ends when we 

have used up the applicable limit of insurance 

in the payment of judgments or settlements. No other obligation or liability 

to pay sums or perform acts

or services is covered 

unless explicitly provided for 

under Supplementary Pay- ments.

(b) This insurance applies to

damages only if the act, error or omission, is negligently committed in the

"administration" of your "employee benefit program"; and

1) Occurs during the policy

period; or

2) Occurred prior to the

"first effective date" of 

this endorsement provided:

a) You did not have 

knowledge of a 

claim or "suit" on or 

before the "first effective date" of this 

endorsement.

You will be

deemed to have

knowledge of a

claim or "suit" 

when any "authorized representative";

i) Reports all, or 

any part, of the 

act, error or 

omission to us

or any other 

insurer;

ii) Receives a 

written or verbal demand or 

claim for damages because 

of the act, error or omission; and

b) There is no other 

applicable insurance.

(2) Exclusions

This insurance does not apply to:

(a) Bodily Injury, Property 

Damage or Personal and

Advertising Injury

"Bodily injury", "property 

damage" or "personal and

advertising injury".

(b) Dishonest, Fraudulent, 

Criminal or Malicious Act

Damages arising out of any 

intentional, dishonest,

fraudulent, criminal or malicious act, error or omission,

committed by any insured,

including the willful or reckless violation of any statute.

(c) Failure to Perform a Contract

Damages arising out of failure of performance of contract by any insurer.

(d) Insufficiency of Funds

Damages arising out of an

insufficiency of funds to

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GCP 203 05 11 Page 3 of 11

meet any obligations under 

any plan included in the

"employee benefit program".

(e) Inadequacy of Performance of Investment / Advice Given With Respect

to Participation

Any claim based upon:

1) Failure of any investment to perform;

2) Errors in providing information on past performance of investment 

vehicles; or

3) Advice given to any

person with respect to 

that person's decision to 

participate or not to participate in any plan included in the "employee 

benefit program".

(f) Workers' Compensation

and Similar Laws

Any claim arising out of your 

failure to comply with the

mandatory provisions of any 

workers' compensation, unemployment compensation

insurance, social security or

disability benefits law or any

similar law.

(g) ERISA

Damages for which any insured is liable because of liability imposed on a fiduciary 

by the Employee Retirement

Income Security Act of 1974,

as now or hereafter

amended, or by any similar

federal, state or local laws.

(h) Available Benefits

Any claim for benefits to the

extent that such benefits are

available, with reasonable

effort and cooperation of the

insured, from the applicable

funds accrued or other collectible insurance.

(i) Taxes, Fines or Penalties

Taxes, fines or penalties, including those imposed under

the Internal Revenue Code

or any similar state or local 

law.

(j) Employment-Related Practices

Any liability arising out of

any:

(1) Refusal to employ;

(2) Termination of employ- ment;

(3) Coercion, demotion, 

evaluation, reassignment, discipline, defamation, harassment, 

humiliation, discrimination or other employ- ment-related practices, acts or omissions; or

(4) Consequential liability

as a result of (1), (2) or

(3) above. This exclusion applies

whether the insured may be 

held liable as an employer or 

in any other capacity and to 

any obligation to share damages with or repay someone

else who must pay damages

because of the injury.

(3) Supplementary Payments

SECTION I - COVERAGES, 

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B also

apply to this Coverage. b. Who is an Insured

As respects Employee Benefit Liability 

Coverage, SECTION II - WHO IS AN 

INSURED is deleted in its entirety and

replaced by the following:

(1) If you are designated in the Declarations as:

(a) An individual, you and your

spouse are insureds, but

only with respect to the conduct of a business of which

you are the sole owner.

(b) A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are 

also insureds but only with

respect to the conduct of

your business.

(c) A limited liability company, you are an insured. Your 

members are also insureds, but only with respect to the

conduct of your business. Your managers are insurCase: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 177 of 340 PageID #:190
GCP 203 05 11 Page 4 of 11

eds, but only with respect to

their duties as your managers.

(d) An organization other than a

partnership, joint venture or

limited liability company, you 

are an insured. Your "executive officers" and directors

are insureds, but only with

respect to their duties as

your officers or directors. Your stockholders are also

insureds, but only with respect to their liability as

stockholders.

(e) A trust, you are an insured.

Your trustees are also insureds, but only with respect to

their duties as trustees.

(2) Each of the following is also an

insured:

(a) Each of your "employees" 

who is or was authorized to

administer your "employee

benefit program".

(b) Any persons, organizations

or "employees" having 

proper temporary authorization to administer your "employee benefit program" if

you die, but only until your

legal representative is appointed.

(c) Your legal representative if

you die, but only with respect 

to duties as such. That representative will have all your

rights and duties under this

Coverage Part.

(3) Any organization you newly acquire or form, other than a partnership, joint venture or limited

liability company, and over which

you maintain ownership or majority interest, will qualify as a

Named Insured if no other similar 

insurance applies to that organization. However, coverage under

this provision:

(a) Is afforded only until the

180th day after you acquire

or form the organization or 

the end of the policy period,

whichever is earlier; and

(b) Does not apply to any act,

error or omission that was

committed before you acquired or formed the organization.

c. Limits of Insurance

As respects Employee Benefit Liability 

Coverage, SECTION III - LIMITS OF

INSURANCE is deleted in its entirety 

and replaced by the following:

(1) The Limits of Insurance shown in 

Section B. Limits of Insurance, 1. Employee Benefit Liability 

Coverage and the rules below fix

the most we will pay regardless

of the number of:

(a) Insureds;

(b) Claims made or "suits" 

brought; 

(c) Persons or organizations

making claims or bringing

"suits";

(d) Acts, errors or omissions; or

(e) Benefits included in your "employee benefit program".

(2) The Aggregate Limit shown in

Section B. Limits of Insurance, 1. Employee Benefit Liability 

Coverage of this endorsement is

the most we will pay for all damages because of acts, errors or 

omissions negligently committed

in the "administration" of your "employee benefit program".

(3) Subject to the limit described in

(2) above, the Each Employee 

Limit shown in Section B. Limits 

of Insurance, 1. Employee 

Benefit Liability Coverage of

this endorsement is the most we

will pay for all damages sustained by any one "employee", 

including damages sustained by

such "employee's" dependents

and beneficiaries, as a result of:

(a) An act, error or omission; or

(b) A series of related acts, errors or omissions, regardless of the amount of time

that lapses between such

acts, errors or omissions, negligently committed in the "administration" of your "employee benefit program".

However, the amount paid under 

this endorsement shall not exceed, and will be subject to the

limits and restrictions that apply 

to the payment of benefits in any 

plan included in the "employee 

benefit program".

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GCP 203 05 11 Page 5 of 11

(4) Deductible Amount

(a) Our obligation to pay damages on behalf of the insured applies only to the

amount of damages in excess of the deductible

amount stated in the Declarations as applicable to Each

Employee. The limits of insurance shall not be reduced 

by the amount of this deductible.

(b) The deductible amount

stated in the Declarations

applies to all damages sustained by any one "employee", including such "employee's" dependents and

beneficiaries, because of all 

acts, errors or omissions to 

which this insurance applies.

(c) The terms of this insurance,

including those with respect

to:

1) Our right and duty to defend the insured against 

any "suits" seeking 

those damages; and

2) Your duties, and the duties of any other involved insured, in the 

event of an act, error or 

omission, or claim, apply irrespective of the application of the deductible

amount.

(d) We may pay any part or all

of the deductible amount to

effect settlement of any 

claim or "suit" and, upon notification of the action taken, 

you shall promptly reimburse

us for such part of the deductible amount as we have

paid.

d. Additional Conditions

As respects Employee Benefit Liability Coverage, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:

(1) Item 2. Duties in the Event of 

Occurrence, Offense, Claim or

Suit is deleted in its entirety and 

replaced by the following:

2. Duties in the Event of an

Act, Error or Omission, or

Claim or Suit

a. You must see to it that 

we are notified as soon 

as practicable of an act, 

error or omission which 

may result in a claim. To the extent possible, 

notice should include:

(1) What the act, error 

or omission was 

and when it occurred; and

(2) The names and 

addresses of any- one who may suffer damages as a 

result of the act, error or omission.

b. If a claim is made or "suit" is brought against 

any insured, you must: 

(1) Immediately record 

the specifics of the 

claim or "suit" and 

the date received; 

and

(2) Notify us as soon 

as practicable.

You must see to it that 

we receive written notice of the claim or "suit"

as soon as practicable.

c. You and any other involved insured must:

(1) Immediately send 

us copies of any

demands, notices, summonses or legal papers received in connection with the claim 

or "suit";

(2) Authorize us to obtain records and 

other information;

(3) Cooperate with us

in the investigation

or settlement of the 

claim or defense 

against the "suit"; 

and

(4) Assist us, upon our 

request, in the enforcement of any

right against any

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GCP 203 05 11 Page 6 of 11

person or organization which may 

be liable to the insured because of 

an act, error or 

omission to which 

this insurance may 

also apply.

d. No insured will, except 

at that insured's own 

cost, voluntarily make a 

payment, assume any 

obligation, or incur any

expense without our 

consent.

(2) Item 5. Other Insurance is deleted in its entirety and replaced

by the following:

5. Other Insurance

If other valid and collectible

insurance is available to the

insured for a loss we cover

under this Coverage Part,

our obligations are limited as

follows:

a. Primary Insurance

This insurance is primary except when c.

below applies. If this insurance is primary, our 

obligations are not affected unless any of the 

other insurance is also

primary. Then, we will 

share with all that other 

insurance by the 

method described in b.

below.

b. Method of Sharing

If all of the other insurance permits contribution by equal shares, we 

will follow this method 

also. Under this approach each insurer 

contributes equal 

amounts until it has paid 

its applicable limit of insurance or none of the 

loss remains, whichever 

comes first.

If any of the other insurance does not permit 

contribution by equal 

shares, we will contribute by limits. Under this 

method, each insurer's 

share is based on the 

ratio of its applicable 

limit of insurance to the

total applicable limits of 

insurance of all insurers. c. No Coverage

This insurance shall not 

cover any loss for which 

the insured is entitled to 

recovery under any

other insurance in force

previous to the effective 

date of this Coverage 

Part.

e. Additional Definitions

As respects Employee Benefit Liability Coverage, SECTION V - DEFINITIONS is amended as follows:

(1) The following definitions are 

added:

1. "Administration" means:

a. Providing information to

"employees", including

their dependents and 

beneficiaries, with respect to eligibility for or 

scope of "employee 

benefit programs";

b. Interpreting the "employee benefit programs";

c. Handling records in 

connection with the "employee benefit programs"; or

d. Effecting, continuing or 

terminating any "employee's" participation in 

any benefit included in 

the "employee benefit 

program".

However, "administration" 

does not include:

a. Handling payroll deductions; or

b. The failure to effect or 

maintain any insurance

or adequate limits of 

coverage of insurance, 

including but not limited 

to unemployment insurance, social security

benefits, workers' compensation and disability 

benefits. 2. "Cafeteria plans" means

plans authorized by applicaCase: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 180 of 340 PageID #:193
GCP 203 05 11 Page 7 of 11

ble law to allow "employees" 

to elect to pay for certain

benefits with pre-tax dollars. 3. "Employee benefit programs" means a program

providing some or all of the

following benefits to "employees", whether provided

through a "cafeteria plan" or

otherwise:

a. Group life insurance; 

group accident or health 

insurance; dental, vision

and hearing plans; and 

flexible spending accounts; provided that no 

one other than an "employee" may subscribe 

to such benefits and 

such benefits are made 

generally available to 

those "employees" who 

satisfy the plan's eligibility requirements;

b. Profit sharing plans, employee savings 

plans, employee stock

ownership plans, pension plans and stock

subscription plans, provided that no one other 

than an "employee" may

subscribe to such benefits and such benefits 

are made generally

available to all "employ- ees" who are eligible 

under the plan for such 

benefits;

c. Unemployment insurance, social security

benefits, workers' compensation and disability

benefits; and

d. Vacation plans, including buy and sell programs; leave of absence programs, including military, maternity, 

family, and civil leave; 

tuition assistance plans;

transportation and 

health club subsidies.

4. "First effective date" means

the date upon which coverage was first effected in a

series of uninterrupted renewals of insurance coverage.

(2) The following definitions are deleted in their entirety and replaced by the following:

21. "Suit" means a civil proceeding in which money damages because of an act, error or omission to which this

insurance applies are alleged. "Suit" includes:

a. An arbitration proceeding in which such damages are claimed and to 

which the insured must 

submit or does submit 

with our consent;

b. Any other alternative

dispute resolution proceeding in which such 

damages are claimed 

and to which the insured

submits with our consent; or

c. An appeal of a civil proceeding. 8. "Employee" means a person

actively employed, formerly

employed, on leave of absence or disabled, or retired. "Employee" includes a

"leased worker". "Employee" 

does not include a "temporary worker".

2. Unintentional Failure to Disclose Hazards

SECTION IV - COMMERCIAL GENERAL 

LIABILITY CONDITIONS, 7. Representations is hereby amended by the addition

of the following:

Based on our dependence upon your representations as to existing hazards, if unintentionally you should fail to disclose all 

such hazards at the inception date of your 

policy, we will not reject coverage under 

this Coverage Part based solely on such 

failure.

3. Medical Payments

The Medical Expense Limit of Any One 

Person as stated in the Declarations is

amended to the limit shown in Section B.

Limits of Insurance, 3. Medical Payment of this endorsement.

4. 180 Day Coverage for Newly Formed or

Acquired Organizations

SECTION II - WHO IS AN INSURED is

amended as follows:

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Subparagraph a. of Paragraph 4. is hereby

deleted and replaced by the following:

a. Insurance under this provision is afforded only until the 180th day after 

you acquire or form the organization 

or the end of the policy period, whichever is earlier;

5. Waiver of Subrogation

SECTION IV - COMMERCIAL GENERAL

LIABILITY CONDITIONS, 9. Transfer of 

Rights of Recovery Against Others to 

Us is hereby amended by the addition of 

the following:

We waive any right of recovery we may

have because of payments we make for 

injury or damage arising out of your ongoing operations or "your work" done under a

written contract requiring such waiver with 

that person or organization and included in 

the "products-completed operations hazard". However, our rights may only be 

waived prior to the "occurrence" giving rise 

to the injury or damage for which we make 

payment under this Coverage Part. The 

insured must do nothing after a loss to impair our rights. At our request, the insured 

will bring "suit" or transfer those rights to 

us and help us enforce those rights.

6. Automatic Additional Insured - Specified Relationships

a. The following is hereby added to 

SECTION II - WHO IS AN INSURED:

(1) Any person or organization described in Paragraph 6.a.(2) below (hereinafter referred to as

additional insured) whom you are

required to add as an additional 

insured under this Coverage Part 

by reason of:

(a) A written contract or agreement; or

(b) An oral agreement or contract where a certificate of

insurance showing that person or organization as an

additional insured has been

issued,

is an insured, provided:

(a) The written or oral contract

or agreement is:

1) Currently in effect or 

becomes effective during the policy period; 

and

2) Executed prior to an "occurrence" or offense 

to which this insurance

would apply; and

(b) They are not specifically 

named as an additional insured under any other provision of, or endorsement

added to, this Coverage

Part.

(2) Only the following persons or organizations are additional insureds under this endorsement, and

insurance coverage provided to

such additional insureds is limited as provided herein:

(a) The manager or lessor of a

premises leased to you with

whom you have agreed per

Paragraph 6.a.(1) above to

provide insurance, but only 

with respect to liability arising out of the ownership,

maintenance or use of that 

part of a premises leased to

you, subject to the following

additional exclusions:

This insurance does not apply to:

1) Any "occurrence" which 

takes place after you 

cease to be a tenant in 

that premises. 2) Structural alterations, new construction or

demolition operations 

performed by or on behalf of such additional 

insured.

(b) Any person or organization

from which you lease

equipment with whom you

have agreed per Paragraph

6.a.(1) above to provide insurance. Such person(s) or 

organization(s) are insureds 

solely with respect to their liability arising out of the

maintenance, operation or

use by you of equipment

leased to you by such person(s) or organization(s). However, this insurance

does not apply to any "occurrence" which takes place

after the equipment lease 

expires.

(c) Any person or organization

(referred to below as vendor) 

with whom you have agreed

per Paragraph 6.a.(1) above 

to provide insurance, but 

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only with respect to "bodily 

injury" or "property damage" 

arising out of "your products" which are distributed or sold

in the regular course of the

vendor's business, subject to

the following additional exclusions:

1) The insurance afforded 

the vendor does not apply to:

a) "Bodily injury" or "property damage"

for which the vendor is obligated to 

pay damages by

reason of the assumption of liability

in a contract or 

agreement. This

exclusion does not 

apply to liability for 

damages that the 

vendor would have 

in the absence of 

the contract or 

agreement;

b) Any express warranty unauthorized

by you;

c) Any physical or 

chemical change in 

the product made 

intentionally by the 

vendor;

d) Repackaging, unless unpacked 

solely for the purpose of inspection, 

demonstration, 

testing, or the substitution of parts 

under instructions 

from the manufacturer, and then repackaged in the 

original container;

e) Any failure to make 

such inspections, adjustments, tests 

or servicing as the 

vendor has agreed 

to make or normally undertakes 

to make in the 

usual course of 

business, in connection with the 

distribution or sale 

of the products;

f) Demonstration, installation, servicing 

or repair operations, except such 

operations performed at the vendor's premises in 

connection with the

sale of the product;

g) Products which, after distribution or 

sale by you, have 

been labeled or relabeled or used as 

a container, part or 

ingredient of any

other thing or substance by or for the 

vendor. 2) This insurance does not 

apply to any insured 

person or organization:

a) From whom you 

have acquired 

such products, or 

any ingredient, part

or container, entering into, accompanying or containing 

such products; or

b) When liability included within the "products- completed operations hazard" has 

been excluded under this Coverage 

Part with respect to

such products.

(d) Any state or political subdivision with which you have

agreed per Paragraph

6.a.(1) above to provide insurance, subject to the following additional provision:

This insurance applies only

with respect to the following

hazards for which the state

or political subdivision has

issued a permit in connection with premises you own, rent or control and to which

this insurance applies:

1) The existence, maintenance, repair, construction, erection, or removal of advertising 

signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees,

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hoist away openings, sidewalk vaults, street 

banners, or decorations

and similar exposures; 

or

2) The construction, erection, or removal of elevators; or

3) The ownership, maintenance, or use of any

elevators covered by

this insurance.

(3) Any insurance provided to an additional insured designated under 

Paragraph 6.a.(2) Subparagraphs (a), (b) and (d) does not 

apply to "bodily injury", "property 

damage" or "personal and advertising injury" arising out of the

sole negligence or willful misconduct of the additional insured or 

their agents, "employees" or any 

other representative of the additional insured. b. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is

hereby amended as follows:

Condition 5. Other Insurance is 

amended to include: 

(1) Where required by a written contract or agreement, this insurance is primary and / or noncontributory as respects any other 

insurance policy issued to the

additional insured, and such

other insurance policy shall be

excess and / or noncontributing, whichever applies, with this insurance.

(2) Any insurance provided by this

endorsement shall be primary to

other insurance available to the

additional insured except:

(a) As otherwise provided in

SECTION IV - COMMERCIAL GENERAL LIABILITY 

CONDITIONS, 5. Other Insurance, b. Excess Insurance; or

(b) For any other valid and collectible insurance available

to the additional insured as

an additional insured by attachment of an endorsement 

to another insurance policy 

that is written on an excess

basis. In such case, the

coverage provided under 

this endorsement shall also

be excess. 7. Property Damage to Borrowed Equipment

a. The following is hereby added to Exclusion j. Damage to Property of

Paragraph 2., Exclusions of SECTION I - COVERAGES, COVERAGE 

A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY.

Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are 

not being used to perform operations 

at the time of loss.

b. With respect to the insurance provided by this section of the endorsement, the following additional provisions apply:

(1) The Limits of Insurance shown in 

the Declarations are replaced by

the limits designated in Section

B. Limits of Insurance, 7. Property Damage to Borrowed

Equipment of this endorsement 

with respect to coverage provided by this endorsement. These limits are inclusive of and

not in addition to the limits being

replaced. The Limits of Insurance

shown in Section B. Limits of 

Insurance, 7. Property Damage

to Borrowed Equipment of this 

endorsement fix the most we will

pay in any one "occurrence" regardless of the number of:

(a) Insureds;

(b) Claims made or "suits" 

brought; or

(c) Persons or organizations

making claims or bringing

"suits".

(2) Deductible Clause

(a) Our obligation to pay damages on your behalf applies 

only to the amount of damages for each "occurrence" 

which are in excess of the

deductible amount stated in

Section B. Limits of Insurance, 7. Property Damage

to Borrowed Equipment of 

this endorsement. The limits

of insurance will not be reduced by the application of

such deductible amount.

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(b) SECTION IV - COMMERCIAL GENERAL LIABILITY 

CONDITIONS, 2. Duties in

the Event of Occurrence,

Offense, Claim or Suit, applies to each claim or "suit" 

irrespective of the amount.

(c) We may pay any part or all 

of the deductible amount to

effect settlement of any 

claim or "suit" and, upon notification of the action taken, 

you shall promptly reimburse

us for such part of the deductible amount as has been

paid by us. 8. Employees as Insureds - Specified

Health Care Services

It is hereby agreed that Paragraph 

2.a.(1)(d) of SECTION II - WHO IS AN 

INSURED, does not apply to your "employees" who provide professional health 

care services on your behalf as duly licensed:

a. Nurses;

b. Emergency Medical Technicians; or

c. Paramedics,

in the jurisdiction where an "occurrence" or offense to which this insurance applies

takes place.

9. Broadened Notice of Occurrence

Paragraph a. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties in the Event of Occurrence, Offense, Claim or Suit is hereby

deleted and replaced by the following:

a. You must see to it that we are notified 

as soon as practicable of an "occurrence" or an offense which may result 

in a claim. To the extent possible, notice should include:

(1) How, when and where the "occurrence" or offense took place;

(2) The names and addresses of any 

injured persons and witnesses; 

and

(3) The nature and location of any injury or damage arising out of the

"occurrence" or offense.

This requirement applies only when 

the "occurrence" or offense is known 

to an "authorized representative".

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CG 20 27 11 85 Copyright, Insurance Services Office, Inc., 1984

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED--CO-OWNER OF INSURED

PREMISES

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE

Location of Premises:

Name of Person or Organization:

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

WHO IS AN INSURED (Section II) is amended to include as an insured the person(s) or organization(s) shown 

in the Schedule, but only with respect to liability as co-owner of the premises shown in the Schedule.

545 N RAND RD

LAKE ZURICH, IL 60047-3134

SPD DEVELOPMENT LLC

545 N RAND RD

LAKE ZURICH, IL 60047-3134

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - SERVICES FURNISHED BY

HEALTH CARE PROVIDERS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Description Of Operations:

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

The following exclusion is added to Paragraph 2.,

Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability and Paragraph

2., Exclusions of Section I - Coverage B - Personal

And Advertising Injury Liability:

With respect to any operation shown in the Schedule,

this insurance does not apply to "bodily injury",

"property damage" or "personal and advertising injury" arising out of:

1. The rendering or failure to render:

a. Medical, surgical, dental, x-ray or nursing

service, treatment, advice or instruction, or

the related furnishing of food or beverages;

b. Any health or therapeutic service, treatment, advice or instruction; or

c. Any service, treatment, advice or instruction

for the purpose of appearance or skin enhancement, hair removal or replacement or

personal grooming.

2. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; or

3. The handling or treatment of dead bodies, including autopsies, organ donation or other procedures.

CG 22 44 07 98 Copyright, Insurance Services Office, Inc., 1997

DENTIST

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Includes copyrighted material of Insurance

GA 3024 05 14 Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF

CONFIDENTIAL OR PERSONAL INFORMATION AND

DATA-RELATED LIABILITY - WITH

LIMITED BODILY INJURY EXCEPTION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. Exclusion 2.s. of Section I - Coverage A - Bodily Injury and Property Damage Liability

is replaced by the following:

2. Exclusions

This insurance does not apply to:

s. Access or Disclosure of Confidential or Personal Information and 

Data-Related Liability

Damages arising out of:

(1) Any access to or disclosure of

any person's or organization's

confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of

nonpublic information; or

(2) The loss of, loss of use of, damage to, corruption of, inability to

access, or inability to manipulate 

electronic data.

This exclusion applies even if damages are claimed for notification 

costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in 

Paragraph (1) or (2) above. However, unless Paragraph (1)

above applies, this exclusion does

not apply to damages because of "bodily injury".

B. The following is added to Paragraph 2. Exclusions of Section I - Coverage B - Personal 

and Advertising Injury Liability:

2. Exclusions

This insurance does not apply to:

Access or Disclosure of Confidential or 

Personal Information

"Personal and advertising injury" arising 

out of any access to or disclosure of any

person's or organization's confidential or

personal information, including patents,

trade secrets, processing methods, customer lists, financial information, credit 

card information, health information or any

other type of nonpublic information. This exclusion applies even if damages

are claimed for notification costs, credit 

monitoring expenses, forensic expenses, public relations expenses or any other 

loss, cost or expense incurred by you or 

others arising out of any access to or disclosure of any person's or organization's

confidential or personal information.

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Includes copyrighted material of Insurance

GA 4205 IL 10 01 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - KNOWN INJURY OR DAMAGE

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. Paragraph d. of SECTION I - COVERAGES,

COVERAGE A. BODILY INJURY AND

PROPERTY DAMAGE LIABILITY, 1. Insuring Agreement is deleted in its entirety and

replaced by the following:

d. You will be deemed to know that "bodily

injury" or "property damage" has occurred at the earliest time when any

"authorized representative":

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

injury" or "property damage" to us or

any other insurer;

(2) Receives a written or verbal demand

or claim for damages because of the

"bodily injury" or "property damage";

(3) First observes the "bodily injury" or

"property damage";

(4) Becomes aware by any means other

than as described in (3) above, that

"bodily injury" or "property damage"

had occurred or had begun to occur;

or

(5) Becomes aware of a condition from

which "bodily injury" or "property

damage" was substantially certain to

occur.

B. SECTION I - COVERAGES, COVERAGE A.

BODILY INJURY AND PROPERTY DAMAGE

LIABILITY, 2. Exclusions, r. Additional Insured Prior Knowledge is deleted in its entirety and replaced by the following:

r. Additional Insured Prior Knowledge

An additional insured added by attachment of an endorsement to this Coverage

Part that is seeking coverage for a claim

or "suit", if that additional insured knew,

per the following paragraph, that "bodily

injury" or "property damage" had occurred or had begun to occur, in whole or

in part, prior to the "coverage term" in

which such "bodily injury" or "property

damage" occurs or begins to occur.

An additional insured added by attachment of an endorsement to this Coverage

Part will be deemed to have known that

"bodily injury" or "property damage" has

occurred or has begun to occur at the

earliest time when that additional insured,

or any one of its owners, members, partners, managers, executive officers, "employees" assigned to manage that additional insured's insurance program, or

"employees" assigned to give or receive

notice of an "occurrence", "personal and

advertising injury" offense, claim or "suit":

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

injury" or "property damage" to us or

any other insurer;

(2) Receives a written or verbal demand

or claim for damages because of the

"bodily injury" or "property damage";

(3) First observes the "bodily injury" or

"property damage";

(4) Becomes aware by any means other

than as described in (3) above, that

"bodily injury" or "property damage"

had occurred or had begun to occur;

or

(5) Becomes aware of a condition from

which "bodily injury" or "property

damage" was substantially certain to

occur.

C. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, 1. Insuring

Agreement is deleted in its entirety and replaced by the following:

1. Insuring Agreement

a. We will pay those sums that the insured becomes legally obligated to

pay as damages because of "personal and advertising injury" to which

this insurance applies. We will have

the right and duty to defend the insured against any "suit" seeking

those damages. However, we will

have no duty to defend the insured

against any "suit" seeking damages

for "personal and advertising injury"

to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any

claim or "suit" that may result. But:

(1) The amount we will pay for

damages is limited as described

in SECTION III - LIMITS OF INSURANCE; and

(2) Our right and duty to defend

ends when we have used up the

applicable limit of insurance in

the payment of judgments or

settlements under SECTION I -

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COVERAGES, COVERAGE A.

BODILY INJURY AND PROPERTY DAMAGE LIABILITY;

SECTION I - COVERAGES,

COVERAGE B. PERSONAL

AND ADVERTISING INJURY

LIABILITY; or medical expenses

under SECTION I - COVERAGES, COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay

sums or perform acts or services is

covered unless expressly provided

for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. b. This insurance applies to "personal

and advertising injury" only if:

(1) The "personal and advertising

injury" is caused by an offense

arising out of your business; and

(2) The "personal and advertising

injury" offense was committed in

the "coverage territory" during

the policy period.

D. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions, q.

Additional Insured Prior Knowledge is deleted in its entirety.

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GA 4250 11 05 Properties, Inc., with its permission Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MOBILE EQUIPMENT SUBJECT TO MOTOR

VEHICLE INSURANCE LAWS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. SECTION I - COVERAGES, COVERAGE A.

BODILY INJURY AND PROPERTY DAMAGE

LIABILITY, 2. Exclusions, g. Aircraft, Auto or

Watercraft is replaced by the following:

This insurance does not apply to:

g. Aircraft, Auto or Watercraft

"Bodily injury" or "property damage" arising out of the ownership, maintenance,

use or entrustment to others of any air- craft, "auto" or watercraft owned or oper- ated by or rented or loaned to any in- sured. Use includes operation and

"loading or unloading".

This exclusion applies even if the claims

against any insured allege negligence or

other wrongdoing in the supervision, hiring, employment, training or monitoring of

others by that insured, if the "occurrence"

which caused the "bodily injury" or "prop- erty damage" involved the ownership,

maintenance, use or entrustment to oth- ers of any aircraft, "auto" or watercraft

that is owned or operated by or rented or

loaned to any insured.

This exclusion does not apply to:

(1) A watercraft while ashore on premises that you own or rent;

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

(a) Less than 51 feet long; and

(b) Not being used to carry persons

or property for a charge;

(3) Parking an "auto" on, or the ways

next to, premises you own or rent,

provided the "auto" is not owned by

or rented or loaned to you or the in- sured;

(4) Liability assumed under any "insured

contract" for the ownership, mainte- nance or use of aircraft or watercraft;

or

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

arising out of the operation of any of

the equipment listed in Paragraph f.

(2) or f. (3) of the definition of "mobile

equipment".

B. SECTION II - WHO IS AN INSURED is

amended to include:

4. With respect to "mobile equipment" registered in your name under any motor

vehicle registration law, any person is an

insured while driving such equipment

along a public highway with your permis- sion. Any other person or organization

responsible for the conduct of such per- son is also an insured, but only with re- spect to liability arising out of the operation of the equipment, and only if no other

insurance of any kind is available to that

person or organization for this liability.

However, no person or organization is an

insured with respect to:

a. "Bodily injury" to a co-"employee" of

the person driving the equipment; or

b. "Property damage" to property

owned by, rented to, in the charge of

or occupied by you or the employer

of any person who is an insured un- der this provision.

C. SECTION V - DEFINITIONS, 3. "Auto" and 15.

"Mobile equipment" are replaced by the following:

3. "Auto" means a land motor vehicle, trailer

or semitrailer designed for travel on public roads, including any attached machin- ery or equipment. But "auto" does not in- clude "mobile equipment".

15. "Mobile equipment" means any of the

following types of land vehicles, including

any attached machinery or equipment:

a. Bulldozers, farm machinery, forklifts

and other vehicles designed for use

principally off public roads;

b. Vehicles maintained for use solely

on or next to premises you own or

rent;

c. Vehicles that travel on crawler

treads;

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d. Vehicles, whether self-propelled or

not, maintained primarily to provide

mobility to permanently mounted;

(1) Power cranes, shovels, loaders,

diggers or drills; or

(2) Road construction or resurfacing

equipment such as graders,

scrapers or rollers;

e. Vehicles not described in a., b., c. or

d. above that are not self-propelled

and are maintained primarily to pro- vide mobility to permanently attached equipment of the following

types:

(1) Air compressors, pumps and

generators, including spraying,

welding, building cleaning, geo- physical exploration, lighting and

well servicing equipment; or

(2) Cherry pickers and similar de- vices used to raise or lower

workers;

f. Vehicles not described in a., b., c. or

d. above maintained primarily for

purposes other than the transportation of persons or cargo.

However, self-propelled vehicles with

the following types of permanently

attached equipment are not "mobile

equipment" but will be considered

"autos":

(1) Equipment designed primarily for:

(a) Snow removal;

(b) Road maintenance, but not con- struction or resurfacing; or

(c) Street cleaning;

(2) Cherry pickers and similar devices

mounted on automobile or truck

chassis and used to raise or lower

workers; and

(3) Air compressors, pumps and gen- erators, including spraying, welding,

building cleaning, geophysical exploration, lighting and well servicing

equipment.

D. This endorsement does not apply to any li- ability arising from an "occurrence" caused by

or arising from any land vehicle if:

1. You have an Auto Coverage Form in

force at the time of the "occurrence"; and

2. The land vehicle meets the definition of

auto in your Auto Coverage Form or policy, regardless of whether or not such

land vehicle is:

a. A covered auto under such Auto

Coverage Form or policy; or

b. Specifically described on a schedule

of covered autos on your Auto Cov- erage Form or policy.

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GA 478 12 04 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

BODILY INJURY EXCEPTIONS TO POLLUTANT EXCLUSION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

For purposes of insurance provided by this endorsement:

1. Sudden and Accidental Exception

Exclusion f. Pollutant, (1)(a) and (1)(d) of

SECTION I - COVERAGES, COVERAGE A.

BODILY INJURY AND PROPERTY DAMAGE

LIABILITY do not apply to "bodily injury" pro- vided:

a. The "release" of "pollutants" from which

the "bodily injury" arises is "sudden" and

"accidental"; and

b. The injured person's first exposure to

such "pollutants" occurred during the

policy period; and

c. The injured person is clinically diagnosed

or treated by a physician for the "bodily

injury" caused by exposure to such "pollutants" within one year of such first ex- posure.

2. Amendment to On Premises Exception

The on premises exception to the Pollutant

Exclusion, f.(1)(a)1) c) of SECTION I - COV- ERAGES, COVERAGE A. BODILY INJURY

AND PROPERTY DAMAGE LIABILITY, is

deleted in its entirety and replaced by the following:

c) Within one year of such first exposure,

the person injured is clinically diagnosed

or treated by a physician for the medical

condition caused by the exposure to such

vapors. However, Paragraph c) does not

apply if the "bodily injury" is caused by

vapors produced by or originating from

equipment that is used to heat, cool or

dehumidify the building, or equipment

that is used to heat water for personal

use, by the building's occupants or their

guests.

3. Off Premises Exception

Exclusion f. Pollutant (1)(d) of SECTION I - COVERAGES, COVERAGE A. BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY

does not apply to "bodily injury" that is caused

by "gaseous or airborne pollutants" provided:

a. The injured person's first exposure to

"gaseous or airborne pollutants" occurred

during the policy period; and

b. The injured person is clinically diagnosed

or treated by a physician for the "bodily

injury" caused by the exposure to "gase- ous or airborne pollutants" within one

year of such first exposure.

4. Amended Who Is An Insured

As respects the insurance provided by Para- graphs 1. and 3. of this endorsement, the

Sudden and Accidental Exception and the

Off Premises Exception, SECTION II - WHO

IS AN INSURED is deleted in its entirety and

replaced by the following:

The coverage afforded shall apply only to

Named Insureds. We shall have no duty to

defend or pay damages for any person or or- ganization that is not a Named Insured.

5. SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS 5. Other Insurance

b. Excess Insurance is amended to include

the following:

The insurance provided by Paragraphs 1.

Sudden and Accidental Exception and 3.

Off Premises Exception, of this endorsement

is excess over any other valid and collectible

insurance, whether primary, excess, contin- gent or on any other basis, except insurance

written specifically to cover as excess over the

limits of insurance that apply in this endorse- ment.

6. As respects the insurance provided by Para- graphs 1. and 3. of this endorsement, SEC- TION V - DEFINITIONS is amended to add

the following:

1. "Accidental" means unintended and un- expected.

2. "Gaseous or airborne pollutants" means

"pollutants" which:

(a) Are a gas, smoke, fume, vapor or

other similar airborne substance; and

(b) Are the result of the "release" of such

"pollutants" from materials, machin- ery or equipment brought on or to

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Includes copyrighted material of Insurance

GA 478 12 04 Services Office, Inc., with its permission. Page 2 of 2

rectly or indirectly on any Named In- sured's behalf.

"Gaseous or airborne pollutants" does

not include asbestos or lead.

3. "Release" means actual discharge, dis- persal, seepage, migration, release, es- cape or emission.

4. "Sudden" means abrupt, immediate and

brief as well as unexpected and without

prior notice. "Sudden" has a temporal

element which requires that the "release"

of "pollutants" begins and ends within a

brief period of time. A "release" of a

"pollutant" which results from a series of

ongoing events which constitute a course

of conduct or course of business is not

"sudden".

5. "Work site" means any premises, site or

location while a Named Insured or a

Named Insured's "employees", contractors or subcontractors are performing op- erations directly or indirectly on the

Named Insured's behalf, provided the

premises, site or location is not owned or

occupied by or rented or loaned to a

Named Insured.

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Includes copyrighted material of Insurance

GCP 201 05 11 Services Office, Inc. with its permission. Page 1 of 2

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

COMMERCIAL GENERAL LIABILITY AMENDATORY

ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

I. SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE 

LIABILITY, Paragraph 2. Exclusions is 

amended as follows:

A. Exclusion j. Damage to Property is deleted in its entirety and replaced by the following:

j. Damage to Property

"Property damage" to:

(1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any 

other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any 

reason, including prevention of

injury to a person or damage to

another's property;

(2) Premises you sell, give away or 

abandon, if the "property damage" arises out of any part of

those premises;

(3) Property loaned to you;

(4) Personal property in the care, 

custody or control of an insured;

(5) That particular part of real property on which you or any contractors or subcontractors working

directly or indirectly on your behalf are performing operations, if

the "property damage" arises out 

of those operations; or

(6) That particular part of any property that must be restored, repaired or replaced because "your 

work" was incorrectly performed 

on it.

Paragraphs (1), (3) and (4) of this exclusion do not apply to "property 

damage" (other than damage by fire, explosion, lightning, smoke, soot or 

water) to premises, including the contents of such premises, rented to you 

for a period of 7 or fewer consecutive 

days, for which the amount we will 

pay is limited to the Damage To 

Premises Rented To You Limit as

described in SECTION III - LIMITS 

OF INSURANCE. Paragraph (2) of this exclusion does 

not apply if the premises are "your 

work" and were never occupied, rented or held for rental by you.

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

exclusion do not apply to liability assumed under a sidetrack agreement.

Paragraph (6) of this exclusion does 

not apply to "property damage" included in the "products-completed 

operations hazard". B. The last Paragraph of 2. Exclusions is 

deleted in its entirety and replaced by the 

following:

Exclusions c. through q. do not apply to "property damage" by fire, explosion, 

lightning, smoke, soot or water to premises while rented to you or temporarily occupied by you with permission of the 

owner, for which the amount we will pay is 

limited to the Damage to Premises 

Rented To You Limit as described in 

SECTION III - LIMITS OF INSURANCE.

II. SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, 

is amended as follows:

A. Paragraph 2. is deleted in its entirety and 

replaced by the following:

2. Up to $1,000 for cost of bail bonds

required because of accidents or traffic law violations arising out of the 

use of any vehicle to which the Bodily 

Injury Liability Coverage applies. We 

do not have to furnish these bonds.

B. Paragraph 4. is deleted in its entirety and 

replaced by the following:

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GCP 201 05 11 Services Office, Inc. with its permission. Page 2 of 2

4. All reasonable expenses incurred by 

the insured at our request to assist us

in the investigation or defense of the 

claim or "suit", including actual loss of

earnings up to $500 a day because of

time off from work.

III. SECTION III - LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following:

6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we 

will pay under COVERAGE A. BODILY 

INJURY AND PROPERTY DAMAGE LIABILITY for damages because of "property damage" to any one premises, while 

rented to you, or in the case of damage by

fire, explosion, lightning, smoke, soot or 

water, while rented to you or temporarily

occupied by you with permission of the

owner.

IV. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 5. Other

Insurance Paragraph b.(1)(b) is deleted in its

entirety and replaced by the following:

(b) That is Fire, Explosion, lightning, smoke, 

soot or Water Damage insurance for 

premises rented to you or temporarily occupied by you with permission of the owner;

V. SECTION V. - DEFINITIONS, Definition 12. "Insured contract" Paragraph a. is deleted in

its entirety and replaced by the following:

a. A contract for a lease of premises. How- ever, that portion of the contract for a 

lease of premises that indemnifies any

person or organization for "property damage" by fire, explosion, lightning, smoke, 

soot or water to premises while rented to 

you or temporarily occupied by you with

permission of the owner is not an "insured

contract";

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THE CINCINNATI INSURANCE COMPANY

A Stock Insurance Company

ELECTRONIC DATA PROCESSING EQUIPMENT COVERAGE

FORM DECLARATIONS

NOTICE: INSURANCE COVERAGE UNDER ANY PARTICULAR COVERAGE INCLUDED WITHIN THIS

FORM IS NOT IN FORCE UNLESS THE CORRESPONDING SECTION OF THESE

DECLARATIONS HAS BEEN COMPLETED.

Attached to and forming a part of POLICY NUMBER:

Named Insured is the same as it appears in the Common Policy Declarations

COVERAGE PROVISIONS (Only those items marked by an x , where so indicated, are applicable):

Limits of Insurance:

Limit of Insurance:

Blanket:

Coverage A - Electronic Data Processing Property: ................................................. $

See Scheduled

Premises

Endorsement

Coverage A - Coverage Extensions:

Limit of Insurance - Unless Otherwise Stated:

a. Debris Removal: .............................................................. $50,000 - $

b. Duplicate and Backup Electronic Media and

Records:............................................................................ $10,000 - $

c. Off Premises: 20% of the Coverage A Limit of

Insurance subject to a maximum of: $50,000 $

d. Pollutant Clean Up and Removal .................................. $10,000 - $

e. Recharge or Refill of a Fire Protection

Device: ............................................................................. $50,000 - $

f. Third Party Host: ............................................................. $10,000 - $

Limit of Insurance:

Blanket:

Coverage B - Business Income and Extra Expense: ................................................ $

See Scheduled

Premises

Endorsement

Coverage C - Additional Coverages:

Limit of Insurance - Unless Otherwise Stated:

1. Denial of Service ............................................................. $ 10,000 - $

2. Loss Establishment Expenses ..................................... $ 5,000 - $

3. Malicious Code ................................................................ $ 10,000 - $

4. Unauthorized Use ........................................................... $ 10,000 - $

Note: The maximum aggregate Limit of Insurance for any Additional Coverage in any one "coverage 

term" is three times the Limit of Insurance stated here.

Deductibles:

Deductible:

Coverage A:

Basic: ............................................................................................................................... $

Specified Losses: .......................................................................................................... $

Coverage B: (Hours)

ECP 026 96 01

X

X

X

25,000

X

X

X

1,000

2,500

24

FORMS AND / OR ENDORSEMENTS APPLICABLE TO ELECTRONIC DATA PROCESSING

COVERAGE FORM:

ELECTRONIC DATA PROCESSING EQUIPMENT COVERAGE FORM (EDP) - 

TABLE OF CONTENTS

MA123 08/07

MA4050IL 04/10 OFFICE OF FOREIGN ASSETS CONTROL (OFAC) COMPLIANCE ENDORSEMENT

MA135 11/99 COMMERCIAL INLAND MARINE CONDITIONS

MA4015 06/07 SCHEDULED PREMISES ENDORSEMENT

MA489IL 11/16 ILLINOIS CHANGES

MA 573 06 07 ECP 026 96 01 Page 1 of 2

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LOSS PAYEE (if any)

SPECIAL PROVISIONS (if any)

MA 573 06 07 ECP 026 96 01 Page 2 of 2

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MA 123 08 07 American Association of Insurance Services with their permission. Page 1 of 15

ELECTRONIC DATA PROCESSING EQUIPMENT

COVERAGE FORM (EDP) - TABLE OF

CONTENTS

Coverage Part Provision: Begins on Page:

Preamble .....................................................................................................................................................3

Section I - Coverages: ...............................................................................................................................3

Coverage A - Electronic Data Processing Property: .....................................................................3

1. Insuring Agreement.......................................................................................................................3

2. Covered Property..........................................................................................................................3

3. Property Not Covered ...................................................................................................................3

4. Covered Causes of Loss ..............................................................................................................3

5. Coverage Extensions:...................................................................................................................3

a. Debris Removal .....................................................................................................................3

b. Duplicate and Backup Electronic Media and Records ........................................................4

c. Off Premises ..........................................................................................................................4

d. Pollutant Clean Up and Removal..........................................................................................4

e. Preservation of Property........................................................................................................4

f. Recharge or Refill of a Fire Protection Device .....................................................................5

g. Third Party Host.....................................................................................................................5

h. Newly Acquired Property.......................................................................................................5

Coverage B - Business Income and Extra Expense:.....................................................................5

1. Insuring Agreement.......................................................................................................................5

2. Covered Property..........................................................................................................................5

3. Property Not Covered ...................................................................................................................5

4. Covered Causes of Loss ..............................................................................................................5

5. Additional Coverage:.....................................................................................................................5

Extended Business Income..........................................................................................................5

Coverage C - Additional Coverages:................................................................................................5

1. Denial of Service ...........................................................................................................................6

2. Loss Establishment Expenses .....................................................................................................6

3. Malicious Code..............................................................................................................................6

4. Unauthorized Use .........................................................................................................................6

Section II - Exclusions...............................................................................................................................6

Section III - Limits of Insurance and Deductibles:.................................................................................8

1. Limits of Insurance: ..............................................................................................................................8

2. Deductibles: ..........................................................................................................................................8

a. Coverage A............................................................................................................................8

b. Coverage B............................................................................................................................8

c. Coverage C............................................................................................................................8

Section IV - Additional Conditions:..........................................................................................................8

1. Coverage A - Electronic Data Processing Property - Conditions:......................................................8

Valuation ...............................................................................................................................................9

2. Coverage B - Business Income and Extra Expense - Conditions: ....................................................9

a. Appraisal........................................................................................................................................9

b. Loss Determination.......................................................................................................................9

c. Resumption of Operations............................................................................................................10

3. Common Conditions:............................................................................................................................10

a. Duties in the Event of Loss...........................................................................................................10

b. Blanket Insurance .........................................................................................................................11

c. Joint Insured..................................................................................................................................11

d. Legal Action Against Us................................................................................................................11

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ELECTRONIC DATA PROCESSING EQUIPMENT

COVERAGE FORM (EDP) - TABLE OF

CONTENTS

e. Loss Payee................................................................................................................................... 11

f. Multi-Year Policies........................................................................................................................ 11

g. Non-Accumulation of Limits of Insurance.................................................................................... 12

h. Other Insurance............................................................................................................................ 12

i. Protective Safeguards.................................................................................................................. 12

j. Recoveries.................................................................................................................................... 12

k. Transfer of Your Rights of Recovery Against Others to Us........................................................ 12

Section V - Definitions: ............................................................................................................................. 12

1. "Actual cash value".............................................................................................................................. 12

2. "Business income"............................................................................................................................... 13

3. "Computer system".............................................................................................................................. 13

4. "Coverage term"................................................................................................................................... 13

5. "Coverage territory".............................................................................................................................. 13

6. "Denial of service"................................................................................................................................ 13

7. "Electronic media and records"........................................................................................................... 13

8. "Electronic securities" .......................................................................................................................... 13

9. "Evidences of debt".............................................................................................................................. 13

10. "Extra expense" ................................................................................................................................... 13

11. "Hardware"........................................................................................................................................... 13

12. "Loss" ................................................................................................................................................... 13

13. "Loss establishment expenses".......................................................................................................... 14

14. "Malicious code"................................................................................................................................... 14

15. "Mechanical breakdown"..................................................................................................................... 14

16. "Money"................................................................................................................................................ 14

17. "Occurrence"........................................................................................................................................ 14

18. "Operations"......................................................................................................................................... 14

19. "Other property" ................................................................................................................................... 14

20. "Period of restoration".......................................................................................................................... 14

21. "Pollutants"........................................................................................................................................... 14

22. "Premises"............................................................................................................................................ 14

23. "Production equipment"....................................................................................................................... 14

24. "Securities"........................................................................................................................................... 14

25. "Service agreement"............................................................................................................................ 14

26. "Specified causes of loss" ................................................................................................................... 14

27. "Sudden and accidental"..................................................................................................................... 15

28. "Suspension"........................................................................................................................................ 15

29. "Telecommunications equipment"....................................................................................................... 15

30. "Temporarily"........................................................................................................................................ 15

31. "Unauthorized use".............................................................................................................................. 15

32. "Valuable papers and records" ........................................................................................................... 15

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ELECTRONIC DATA PROCESSING EQUIPMENT

COVERAGE FORM

Various provisions in this Coverage Part restrict

this insurance. Read the entire Coverage Part

carefully to determine rights, duties and what is

and is not covered.

Throughout this Coverage Part 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 V - Definitions.

Section I - Coverages

Coverage A - Electronic Data Processing Prop- erty

1. Insuring Agreement

We will pay for "loss" to Covered Property re- sulting from a Covered Cause of Loss.

2. Covered Property

Covered Property, as used in Coverage A of

this Coverage Part, means the following type

of property:

a. Your "hardware";

b. Climate control equipment, and other

electrical equipment, used exclusively

with your "hardware";

c. Your "electronic media and records";

d. Your "telecommunications equipment";

e. Your programming documentation and

instruction manuals; and

f. Similar property of others in your care,

custody or control,

While located:

a. On your "premises" or within one thou- sand (1,000) feet thereof (except as may

be provided in the Section I - Cover- ages, Coverage A - Electronic Data

Processing Property, 5. Coverage Extensions); and

b. In the "coverage territory" (except as may

be provided in the Section I - Cover- ages, Coverage A - Electronic Data

Processing Property, 5. Coverage Extensions).

3. Property Not Covered

Covered Property does not include:

a. "Electronic media and records" that can- not be replaced with similar property of

like kind and quality.

b. Property that you have rented or leased

to another person or organization and is

not at your "premises".

c. Contraband or property in the course of

illegal transit or trade.

d. "Production equipment".

e. Copyrights, patents, trademarks, trade

secrets or other intellectual property.

f. Personally identifiable information of per- sons or entities other than you or your

employees.

g. Property held as samples or for sale.

h. Records of accounts receivable.

i. Any machine or apparatus that is used

for research, medical, diagnostic, surgi- cal, dental or pathological purposes.

j. "Electronic securities", "evidences of

debt", "money" and "securities".

k. "Valuable papers and records".

4. Covered Causes of Loss

Covered Causes of Loss, with respect to

Coverage A, means risks of direct "loss" to

Covered Property except those causes of

"loss" listed in Section II - Exclusions.

5. Coverage Extensions

Unless stated otherwise, the Limits of Insur- ance referenced in the following Coverage

Extensions are in addition to, and not included

within, Section III - Limits of Insurance and

Deductibles, 1. Limits of Insurance for Cov- erage A. a. Debris Removal

(1) We will pay your expense to remove

the debris of Covered Property

caused by or resulting from a Cov- ered Cause of Loss that occurs during the policy period. The expenses

will be paid only if they are reported

to us in writing within one hundredeighty (180) days of the date of direct "loss".

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(2) The most we will pay under this

Coverage Extension is twenty-five

(25) percent (%) of:

(a) The amount we pay for the direct "loss" to Covered Property;

plus

(b) The deductible in this Coverage

Part applicable to that "loss".

This Coverage Extension is included

within the Limit of Insurance shown

in the Declarations for Coverage A. However, if:

(a) The sum of direct "loss" and de- bris removal expense exceeds

the Limit of Insurance for Cover- age A; or

(b) The debris removal expense

exceeds the amount payable

under the twenty-five (25) per- cent (%) limitation in this Cover- age Extension;

we will pay up to the additional Limit

of Insurance for Debris Removal

stated in the Declarations for each

"premises" in any one "occurrence".

(3) This Coverage Extension does not

apply to costs to:

(a) Extract "pollutants" from land or

water; or

(b) Remove, restore or replace

polluted land or water.

b. Duplicate and Backup Electronic Media

and Records

We will pay up to the Limit of Insurance

for Duplicate and Backup Electronic Me- dia and Records stated in the Declarations in any one "occurrence" for "loss" to

"electronic media and records" due to a

Covered Cause of Loss while such prop- erty is stored away from your "premises"

other than "temporarily".

This Coverage Extension does not apply

to "loss" insured under the Third Party

Host Coverage Extension.

c. Off Premises

We will pay up to the Limit of Insurance

for Off Premises stated in the Declarations in any one "occurrence" for "loss" to

Covered Property due to a Covered

Cause of Loss while such property is

away from your "premises":

(1) "Temporarily" in transit;

(2) "Temporarily" in storage; or

(3) In the custody of your employee for

the purpose of conducting your busi- ness.

This is not an additional Limit of Insur- ance. It is included within the Coverage A

Limit of Insurance.

This Coverage Extension applies to Cov- ered Property whether or not it is located

within the "coverage territory".

If the Limit of Insurance stated in the

Declarations is other than the $50,000

maximum stated, then the Limit of Insur- ance that applies to all "loss" in any one

"occurrence" is the greater of the limit

stated or the twenty percent (20%) of the

Coverage A Limit of Insurance limitation.

d. Pollutant Clean Up and Removal

(1) We will pay your expenses to extract

"pollutants" from land or water at the

"premises" if the discharge, disper- sal, seepage, migration, release, es- cape or emission of the "pollutants":

(a) Is from Covered Property;

(b) Is caused by a Covered Cause

of Loss; and

(c) Occurs during the policy period.

The expenses will be paid only if

they are reported to us in writing

within one hundred eighty (180) days

of the date on which the Covered

Cause of Loss occurs.

(2) This Coverage Extension 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 "pollut- ants" from the land or water.

(3) The most we will pay under this

Coverage Extension for each

"premises" for the sum of all covered

expenses arising out of Covered

Causes of Loss during each "cover- age term" is the Limit of Insurance

stated in the Declarations for Pollut- ant Clean Up and Removal.

e. Preservation of Property

If it is necessary to move Covered Prop- erty from the "premises" to preserve it

from "loss" by a Covered Cause of Loss,

we will pay for any direct "loss" to that

property:

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(1) While it is being moved or while

"temporarily" stored at a location

other than a "premises"; and

(2) Only if the "loss" occurs within thirty

(30) days after the property is first

moved.

This Coverage Extension is included

within the Limit of Insurance shown in the

Declarations for Coverage A.

f. Recharge or Refill of a Fire Protection

Device

We will pay for your expense to recharge

or refill any fire protective devices that are

designed specifically to protect Covered

Property when these devices have been

discharged in a "loss" insured by Cover- age A of this Coverage Part or have been

accidentally discharged. The most we will

pay in any one "loss" or "sudden and ac- cidental" discharge is the Limit of Insur- ance for Recharge or Refill of a Fire Protection Device stated in the Declarations.

g. Third Party Host

We will pay up to the Limit of Insurance

for Third Party Host stated in the Declarations in any one "occurrence" for "loss"

to:

Your "electronic media and records"

away from your "premises" due to a Cov- ered Cause of Loss, but only while such

"electronic media and records" are

hosted in the "hardware" of a third party

information technology provider, with

whom you have directly contracted for

such service.

This is not an additional Limit of Insur- ance. It is included within the Coverage A

Limit of Insurance.

This Coverage Extension:

(1) Applies to "electronic media and rec- ords" whether or not they are located

within the "coverage territory"; and

(2) Does not apply to "loss" insured un- der the Duplicate and Backup Electronic Media and Records Coverage

Extension.

h. Newly Acquired Property

We will provide coverage as follows:

(1) On newly acquired Covered Property

up to the total limit shown on the

Declarations Page for Total Covered

Property whether located at a current

location or newly acquired location,

but in no event shall we pay more

than $250,000 under this Coverage

Extension for any one "loss". You will report such newly acquired

property, or Covered Property already insured by this policy which is

moved to a newly acquired location,

to us within 90 days from the date

the Covered Property is acquired or

moved, as the case may be, and pay

any additional premium due. If you

do not report such property or

movement of property , coverage will

cease automatically after the 90

days has elapsed. However, in no

event shall coverage be extended

beyond the expiration of this policy. Coverage B - Business Income and Extra Ex- pense

1. Insuring Agreement

We will pay your actual loss of "business in- come" as well as "extra expense" that results

from the necessary "suspension" of your "op- erations" during the "period of restoration" due

to "loss" to Covered Property resulting from a

Covered Cause of Loss.

2. Covered Property

Covered Property, as used in Coverage B of

this Coverage Part, is the same as that appli- cable to Coverage A. 3. Property Not Covered

Covered Property does not include Property

Not Covered under Coverage A. 4. Covered Causes of Loss

Covered Causes of Loss, with respect to

Coverage B, means risks of direct "loss" to

Covered Property except those causes of

"loss" listed in Section II - Exclusions.

5. Additional Coverage

This Additional Coverage does not provide

additional Limits of Insurance.

Extended Business Income

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 Covered Property is

actually repaired, rebuilt or replaced and

"operations" are resumed; and

b. Ends on the earlier of:

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(1) The date you could restore your "op- erations", with reasonable speed, to

the level which would generate the

"business income" that would have

existed if no direct "loss" to Covered

Property due to a Covered Cause of

Loss had occurred; or

(2) Sixty (60) consecutive days after the

date determined in 5.a. above.

However, Extended Business Income does

not apply to loss of "business income" in- curred as a result of unfavorable business

conditions caused by the impact of the Cov- ered Cause of Loss in the area where your

"premises" are located.

Coverage C - Additional Coverages

The Limits of Insurance provided in the following

Additional Coverages are included within and are

not in addition to the Limits of Insurance applicable

to Coverages A or B, unless stated otherwise

therein.

1. Denial of Service

We will pay up to the Limit of Insurance stated

in the Declarations for Denial of Service for

loss of "business income" or "extra expense"

under Coverage B caused by a "denial of

service".

2. Loss Establishment Expenses

Subsequent to the detection of a potential

"loss" insured under Coverage A or B, we will

pay up to the Limit of Insurance stated in the

Declarations for "loss establishment ex- penses" incurred within ninety (90) days of the

detection of the "loss" or potential "loss".

This Limit of Insurance is in addition to the

Limits of Insurance for Coverages A and B. 3. Malicious Code

We will pay up to the Limit of Insurance stated

in the Declarations for Malicious Code for all

"loss", loss of "business income" or "extra ex- pense" under Coverages A and B arising

from the introduction of a "malicious code" to

your "electronic media and records" or "hard- ware" by any person or organization other

than:

(1) You;

(2) Your partners;

(3) Your directors;

(4) Your officers;

(5) Your trustees;

(6) Your members, if you are a limited liability

company; or

(7) A person or organization, other than your

employees, to whom you have entrusted

Covered Property.

4. Unauthorized Use

We will pay up to the Limit of Insurance stated

in the Declarations for Unauthorized Use for

all "loss", loss of "business income" or "extra

expense" under Coverages A and B arising

from "unauthorized use" by any person or or- ganization other than:

(1) You;

(2) Your partners;

(3) Your directors;

(4) Your officers;

(5) Your trustees;

(6) Your members, if you are a limited liability

company; or

(7) A person or organization, other than your

employees, to whom you have entrusted

Covered Property.

Section II - Exclusions

Coverage A - Electronic Data Processing Prop- erty and Coverage B - Business Income and

Extra Expense - Exclusions

The following exclusions apply to Coverages A

and B, unless stated otherwise herein:

1. We will not pay for a "loss", loss of "business

income" or "extra expense" caused directly or

indirectly by any of the following. Such "loss",

loss of "business income" or "extra expense"

is excluded regardless of any other cause or

event that contributes concurrently or in any

sequence to the "loss", loss of "business in- come" or "extra expense":

a. Governmental Action

Seizure or destruction of property by or- der of governmental authority.

But we will pay for acts of destruction or- dered by governmental authority and

taken at the time of a fire to prevent its

spread if the fire would be covered under

this Coverage Part.

b. Nuclear Hazard

(1) Any weapon employing atomic fis- sion or fusion; or

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(2) Nuclear reaction or radiation, or ra- dioactive contamination from any

other cause.

c. Satellite Communications

The disruption or failure of any satellite

communication system, or any part

thereof.

d. War and Military Action

(1) War, including undeclared or civil

war;

(2) Warlike action by a military force, in- cluding action in hindering or defending against an actual or ex- pected attack, by any government,

sovereign or other authority using

military personnel or other agents; or

(3) Insurrection, rebellion, revolution,

usurped power or action taken by

governmental authority in hindering

or defending against any of these.

e. Utility Interruption

The intentional suspension of any utility

service by you or the utility provider.

f. Tidal Wave or Tsunami

Tidal wave or tsunami, even if attributable

to an earthquake or volcanic eruption.

2. We will not pay for "loss", loss of "business

income" or "extra expense" caused by or re- sulting from any of the following:

a. Delay or loss of market, except as may

be provided under Coverage B. b. Dishonest or criminal acts by you, any of

your partners, directors, trustees, officers,

members or managers (if you are a limited liability company) or anyone entrusted with the property, except employ- ees, whether or not acting alone or in

collusion with others or whether or not

occurring during the hours of employ- ment. But this exclusion does not apply to

a carrier for hire.

c. Discharge, dispersal, seepage, migration,

release, escape or emission of "pollut- ants" unless the discharge, dispersal,

seepage, migration, release, escape or

emission is itself caused by any of the

"specified causes of loss". But if the dis- charge, dispersal, seepage, migration,

release, escape or emission of "pollut- ants" results in a "specified cause of

loss", we will pay for the "loss" caused by

that "specified cause of loss".

d. Interruption, disruption, or slow down in

normal network service or function due to

activity on the network or network server.

This exclusion does not apply to "denial

of service".

e. Voluntary parting with any property by

you or anyone entrusted with the property

if induced to do so by any fraudulent

scheme, trick, device or false pretense.

f. Unauthorized instructions to transfer

property to any person or to any place.

g. Bookkeeping, accounting or billing errors

or omissions.

h. Any processing or work upon Covered

Property. But if "loss" by fire results, we

will pay for that resulting "loss", loss of

"business income" or "extra expense".

i. "Denial of service", "malicious code" or

"unauthorized use".

However, this exclusion shall not apply to

the extent that insurance coverage is

provided under Section I - Coverages,

Coverage C - Additional Coverages.

3. We will not pay for a "loss", loss of "business

income" or "extra expense" caused by or re- sulting from any of the following. But if "loss",

loss of "business income" or "extra expense"

caused by a Covered Cause of Loss results,

we will pay for that resulting "loss", loss of

"business income" or "extra expense":

a. Acts or decisions, including the failure to

act or decide, of any person, group, or- ganization or governmental body.

b. Wear and tear, hidden or latent defect,

gradual deterioration, or depreciation.

c. The failure of "hardware" or "electronic

media and records" to function as de- signed or anticipated to function by you

or any other person or organization pro- viding, designing or recommending said

"hardware" or "electronic media and rec- ords" to you.

However, this exclusion will not apply if

the failure of "hardware" or "electronic

media and records" to function is caused

by:

(1) A Covered Cause of Loss emanating

from a source external to the "hard- ware" or "electronic media and rec- ords"; or

(2) The "sudden and accidental" "me- chanical breakdown" of "hardware".

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4. Insurance provided by Coverages A and B

does not apply to:

a. Payment of costs, fees, or other ex- penses you incur in establishing either

the existence or the amount of "loss",

loss of "business income" or "extra ex- pense", except as provided for under

Section I - Coverages, Coverage C - Additional Coverages, 2. Loss Establishment Expenses.

b. "Loss", loss of "business income" or "extra expense", or any part thereof, the

proof of which as to its existence or

amount is dependent solely upon:

(1) An inventory computation;

(2) A profit and loss computation; or

(3) An audit of records.

5. Insurance provided by Coverage A does not

apply to loss of "business income" or "extra

expense".

Section III - Limits of Insurance and Deductibles

1. Limits of Insurance

a. The most we will pay for any one "occurrence" is the applicable Limits of Insur- ance for Coverages A and B and Cover- age C - Additional Coverages, 2. Loss

Establishment Expenses stated in the

Declarations or any endorsement amen- datory thereof.

b. With respect to Section I - Coverages,

Coverage C - Additional Coverages:

(1) Under Coverage C - Additional

Coverages, 2. Loss Establishment

Expenses, we will not pay more than

the lesser of:

(a) The Limit of Insurance stated in

the Declarations for Loss Establishment Expenses; or

(b) The actual cost of the "loss" in- sured under Coverages A or B

in "Loss establishment ex- penses".

(2) In the event that a single "occurrence" involves one or more of the

following:

(a) "Denial of service";

(b) "Malicious code"; or

(c) "Unauthorized use",

the most we will pay in total is the

single highest Limit of Insurance applicable to the Additional Coverages

applicable to the "loss".

(3) The most we will pay for all "loss" in

any "coverage term" for each Additional Coverage is three times the

Limit of Insurance stated for each in

the Declarations.

2. Deductibles

a. Coverage A

We will not pay for "loss" in any one "oc- currence" until the amount of the adjusted

"loss" before applying the applicable Limits of Insurance exceeds the Deductible

shown in the Deductible section of the

Declarations for Coverage A. We will then

pay the amount of the adjusted "loss" in

excess of the Deductible, up to the appli- cable Limit of Insurance.

(1) The Basic Deductible shown on the

Declarations applies to "loss" from all

Covered Causes of Loss except

those referenced in (2) below.

(2) The Specified Losses Deductible

shown on the Declarations applies to

"loss" caused by "sudden and acci- dental" "mechanical breakdown" or

artificially generated electrical distur- bance.

b. Coverage B

We will not pay your actual loss of "busi- ness income" or "extra expense" arising

from any one "loss" until and unless the

necessary "suspension" of your "operations" has exceeded the Deductible in

hours stated in the Declarations for Cov- erage B. We will then pay the amount of

your actual loss of "business income" or

"extra expense" in excess of the Deducti- ble, up to the Limit of Insurance.

c. Coverage C

We will not pay for "loss", loss of "busi- ness income", "extra expenses" or "loss

establishment expenses" under Section I - Coverages, Coverage C - Additional

Coverages unless and until an insured

"loss", loss of "business income" or "extra

expenses" under Coverage A or B ex- ceeds their deductible.

Section IV - Additional Conditions

The following Conditions apply in addition to the

Commercial Inland Marine Conditions and the

Common Policy Conditions:

1. Coverage A - Electronic Data Processing

Property - Conditions

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The following Condition applies to Coverage

A only:

Valuation

In the COMMERCIAL INLAND MARINE

CONDITIONS, GENERAL CONDITIONS, F.

Valuation is replaced by the following with re- spect to Covered Property under Coverage A:

a. Valuation of Covered Property under

Coverage A, other than that described in

Paragraph b. below:

If you repair or replace this property with

due diligence following "loss", the prop- erty will be valued at the full cost of repair

or replacement. However, the most we

will pay is the least of the following:

(1) The cost of replacing that property

with property of similar or greater

quality and function, provided the

cost is no greater than the original

purchase price of the property plus

twenty (20) percent (%);

(2) The amount you actually and neces- sarily spend to repair or replace the

property; or

(3) The Limit of Insurance applicable to

the property.

If you do not repair or replace this prop- erty with due diligence following "loss",

the most we will pay will be the least of

the following:

(a) The "actual cash value" of the

property;

(b) The "actual cash value" of re- pairs with material of like kind

and quality; or

(c) The Limit of Insurance applica- ble 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 prop- erty will be determined as of the date of

"loss".

b. Valuation of "electronic media and rec- ords":

(1) We will not pay for more than the

actual reproduction costs of covered

"electronic media and records".

(2) But we will not pay the cost to dupli- cate research or operations that

were developed away from your

"premises" that led to the development of your "electronic media and

records" or that led to the develop- ment of any proprietary or confidential information or intellectual prop- erty.

(3) If you do not replace or reproduce

the "electronic media and records",

the most we will pay is the cost of

blank "electronic media and rec- ords".

The most we will pay is the Limit of Insur- ance shown on the Declarations.

2. Coverage B - Business Income and Extra

Expense - Conditions

The following Conditions apply to Coverage B

only:

a. Appraisal

In the COMMERCIAL INLAND MARINE

CONDITIONS, LOSS CONDITIONS, B.

Appraisal is replaced by the following:

If you and we disagree on the amount of

Net Income and operating expense or the

amount of loss, either may make a written

demand for an appraisal of the loss. In

this event, each party will select a com- petent and impartial appraiser.

The two appraisers will select an umpire.

If they cannot agree, either may request

that a judge of a court having jurisdiction

make selection. 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 will:

(1) Pay its chosen appraiser; and

(2) Bear the other expenses of the ap- praisal and umpire equally.

If there is an appraisal, we will still retain

our right to deny the claim.

b. Loss Determination

(1) The amount of "business income"

loss will be determined based on:

(a) The Net Income of the business

before the Covered Cause of

Loss occurred;

(b) The likely Net Income of the

business if no Covered Cause of

Loss had occurred, but not in- cluding any Net Income that

likely would have resulted from

an increase in the volume of

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business due to favorable busi- ness conditions caused by the

impact of the Covered Cause of

Loss on customers or on other

businesses;

(c) The operating expenses, in- cluding payroll expenses, nec- essary to resume "operations"

with the same quality of service

that existed just before the Cov- ered Cause of Loss; and

(d) Other relevant sources of infor- mation, including:

1) Your financial records and

accounting 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 necessary and reasonable

expenses that exceed the nor- mal operating expenses that

would have been incurred by

"operations" during the "period

of restoration" if no Covered

Cause of 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 insur- ance; and

(b) All necessary and reasonable

expenses that reduce the "busi- ness income" loss that other- wise would have been incurred.

c. Resumption of Operations

(1) We will reduce the amount of your:

(a) "Business income" loss other

than "extra expense", to the extent you can resume your "op- erations", 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".

(2) 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 should

have taken with due diligence to re- sume operations as quickly as pos- sible.

3. Common Conditions

The following Conditions apply to all Cover- ages provided under this Coverage Part:

a. Duties in the Event of Loss

In the COMMERCIAL INLAND MARINE

CONDITIONS, LOSS CONDITIONS, C.

Duties in the Event of Loss is replaced

by the following:

(1) In the event of:

(a) "Loss" to Covered Property; or

(b) Loss of, or loss from damage to

Covered Property, or a situation

that may result in loss of, or loss

from damage to Covered Prop- erty,

You must see that the following are

done:

1) Notify the police if a law may

have been broken.

2) Notify us as soon as possible.

Include a description of any

property involved.

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, and keep

a record of your expenses nec- essary to protect the Covered

Property. This will not increase

the Limit of Insurance. However,

we will not pay for any subse- quent loss resulting from a

cause of loss that is not a Cov- ered Cause of Loss. Also, if fea- sible, set the damaged property

aside in the best possible order

for examination.

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5) As often as may be reasonably

required, permit us to:

a) Inspect the property proving

the loss;

b) Examine your books, rec- ords, "electronic media and

records" and "hardware";

c) Take samples of damaged

and undamaged property

for inspection, testing and

analysis; and

d) Make copies from your

books, records, "electronic

media and records" and

"hardware".

6) Send us 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.

7) Cooperate with us in the investi- gation 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.

9) Make no statement that will as- sume any obligation or admit

any liability, for any loss for

which we may be liable, without

our prior written consent.

10) Promptly send us any legal pa- pers or notices received con- cerning the loss.

(2) 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 in- surance or the claim, including an in- sured's books and records. In the

event of an examination, an in- sured's answers must be signed.

b. Blanket Insurance

If blanket insurance is indicated ( x ) in

the Declarations, the Limit of Insurance

for that Coverage applies to all "premises" within the "coverage territory".

c. Joint Insured

(1) If more than one Insured is named in

the Declarations, the first Named Insured will act for itself and for every

other Insured for all purposes of this

insurance. If the first Named Insured

ceases to be covered under this

policy, then the next Named Insured

will become the first Named Insured.

(2) If any Insured or partner, officer, or

member or manager (applicable to

limited liability companies) of that In- sured has knowledge of any infor- mation relevant to this insurance,

that knowledge is considered knowl- edge of every Insured.

(3) An employee of any Insured is con- sidered to be an employee of every

Insured.

(4) If this insurance or any of its cover- ages is cancelled or terminated as to

any Insured, loss sustained by that

Insured is covered only if discovered

no later than one year from the date

of that cancellation or termination.

(5) We will not pay more for loss sustained by more than one Insured

than the amount we would pay if all

the loss had been sustained by one

Insured.

d. Legal Action Against Us

In the COMMERCIAL INLAND MARINE

CONDITIONS, GENERAL CONDITIONS,

B. Legal Action Against Us is replaced

by the following:

No one may bring legal action against us

under this Coverage Part unless:

(1) There has been full compliance with

all the terms of this Coverage Part;

(2) At least ninety (90) days has passed

since you filed proof of loss with us;

and

(3) Brought within two (2) years from the

date you discover the loss in question.

e. Loss Payee

For Covered Property in which both you

and a Loss Payee listed in the Declarations have an insurable interest, we will:

(1) Adjust "losses" with you; and

(2) Pay any claim for insured "loss"

jointly to you and the Loss Payee, as

interests may appear.

f. Multi-Year Policies

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If this Coverage Part is issued for more

than one annual policy period, the pre- mium may be adjusted at the inception of

each following "coverage term" based on

our rates in effect at that time.

g. Non-Accumulation of Limits of Insur- ance

Regardless of the number of "coverage

terms" this insurance remains in force or

the number of premiums paid, no Limit of

Insurance accumulates from year to year

or period to period.

h. Other Insurance

In the COMMERCIAL INLAND MARINE

CONDITIONS, LOSS CONDITIONS, F.

Other Insurance is replaced by the following:

(1) If you have other insurance subject

to the same plan, terms, conditions

and provisions as the insurance un- der this Coverage Part, we will pay

our share of the covered loss or

damage. Our share is the proportion

that the applicable Limit of Insurance

under this Coverage Part bears to

the Limits of Insurance of all insur- ance covering on the same basis.

(2) If there is other insurance covering

the same loss or damage, other than

that described in (1) above, we will

pay only for the amount of covered

loss or damage in excess of the

amount due from that other insur- ance, whether you can collect on it

or not. But we will not pay more than

the applicable Limit of Insurance.

(3) Irrespective of Paragraphs h.(1) or

(2) above, this Coverage Part is al- ways excess of a "service agree- ment". We will pay only the amount

of insured "loss" that is not covered

by the "service agreement" in the

form of repairs or other compensation. But we will not pay more than

the applicable Limit of Insurance.

i. Protective Safeguards

You must maintain the protective safe- guards stated by you to be in effect at a

"premises" when this coverage began.

If you fail to keep the protective safe- guards:

1) In working condition at a "premises";

and

2) In operation when you are closed to

business;

Coverage for which the protective safe- guards apply is automatically suspended

at that "premises" if you fail to notify us

immediately. This suspension will last until the equipment or services are back in

operation.

j. Recoveries

In the COMMERCIAL INLAND MARINE

CONDITIONS, LOSS CONDITIONS, I.

Recoveries is replaced by the following:

(1) Any recoveries, less the cost of obtaining them, made after settlement

of loss covered by this insurance will

be distributed as follows:

(a) To you, until you are reimbursed

for any loss that you sustain that

exceeds the Limit of Insurance

plus the Deductible Amount, if

any;

(b) Then to us, until we are reim- bursed for the settlement made;

(c) Then to you, until you are reim- bursed for that part of loss equal

to the Deductible Amount, if any.

(2) You will pay us the amount of all re- coveries you receive for a "loss" paid

by us. But any recoveries in excess

of the amount we have paid belong

to you.

(3) Recoveries do not include any re- covery from insurance, suretyship,

reinsurance, security or indemnity

taken for our benefit.

k. Transfer of Your Rights of Recovery

Against Others to Us

In the COMMERCIAL INLAND MARINE

CONDITIONS, LOSS CONDITIONS, K.

Transfer of Rights of Recovery Against

Others to Us is replaced by the following:

You must transfer to us all of your rights

of recovery against any person or organi- zation for any loss you sustained and for

which we have paid or settled. You must

also do everything necessary to secure

those rights and do nothing after loss to

impair them.

Section V - Definitions

The following terms, when appearing in quotation

marks, have the following meanings wherever

used in this Coverage Part:

1. "Actual cash value" means replacement cost

less a deduction that reflects depreciation,

age, condition and obsolescence.

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2. "Business income" means the:

a. Net Income (net profit or loss before in- come taxes) that would have been

earned or incurred; and

b. Continuing normal operating expenses

incurred, including payroll.

3. "Computer system" means a configuration of

"hardware" and "electronic media and rec- ords", including "telecommunications equip- ment" which may be integrated into or con- nected to such "hardware", purposely de- signed to perform a particular function or

functions.

4. "Coverage term" means the following individ- ual 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 AM

standard time at your mailing address

shown in the Declarations, and if a multiyear policy period, each consecutive an- nual 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 AM 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 Cov- erage 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".

5. "Coverage territory" means the United States

of America (including its territories and pos- sessions), Puerto Rico and Canada.

6. "Denial of service" means the malicious and

intentional inundating of your "computer system" with messages, instructions, queries or

requests that deplete resources enough to re- strict, limit or prevent access for the purposes

of nuisance, sabotage or malicious tampering

which has the effect of:

a. Depleting system resources available

through the Internet to authorized exter- nal users of your "computer system"; and

b. Impeding Internet access of authorized

external users to your "computer system".

7. "Electronic media and records" means infor- mation, facts, instructions, concepts and pro- grams converted and stored in a form usable

in "hardware". It also includes the materials,

such as magnetic tapes, disc packs, paper

tapes and cards, floppy discs and compact

discs, upon which such information, facts, in- structions, concepts and programs are re- corded and stored.

8. "Electronic securities" means any share, participation, or other interest in property of, or an

enterprise of, the issuer or an obligation of the

issuer which:

a. Is a type commonly dealt in upon securities exchanges or markets;

b. Is either one of a class or series or by its

terms divisible into a class or series of

shares, participations, interests, or obli- gations; and

(1) Is not represented by an instrument;

(2) Is part of a master or global certifi- cate; or

(3) Represents a paper certificate that

has been surrendered by a financial

institution and which paper certificate

has been combined into a master

depository note and the paper certifi- cates are immobilized and such se- curity is shown as an electronic entry

on the account of the transferor,

pledgor, or pledgee on the books of

a Central Depository.

9. "Evidences of debt" means instruments exe- cuted by your customer and held by you

which in the regular course of business are

treated as evidencing the customer's debt to

you, including records of charges and ac- counts receivable.

10. "Extra expense" means the necessary and

reasonable expenses you incur during the

"period of restoration" that you would not have

incurred if there had been no "loss" due to a

Covered Cause of Loss to Covered Property.

11. "Hardware" means an assemblage of electronic machine components capable of ac- cepting and processing "electronic media and

records" for the purpose of producing desired

results.

However, "hardware" does not include "tele- communications equipment".

12. "Loss" means:

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a. "Sudden and accidental" physical loss or

physical damage; and

b. With respect only to "denial of service",

"malicious code" or "unauthorized use",

also includes "sudden and accidental"

damage, loss of use, loss of access or

loss of functionality.

13. "Loss establishment expenses" means actual

and necessary expenses incurred at our re- quest to assist you in establishing either the

existence or the amount of loss insured under

this Coverage Part.

14. "Malicious code" means a computer code

created for the purpose of destroying, corrupting or otherwise adversely affecting a

"computer system".

15. "Mechanical breakdown" means the malfunction or failure of moving or electronic parts,

component failure, faulty installation or blow- out.

16. "Money" means:

a. Currency, coins, and bank notes in current use and having a face value;

b. Travelers checks, registered checks, and

money orders held for sale to the public;

and

c. Electronic cash equivalents.

17. "Occurrence" means an act or event or a series of related acts or events that result in a

Covered Cause of Loss.

18. "Operations" means your business activities

occurring at the "premises".

19. "Other property" means any tangible property

of value other than "money", "securities",

"electronic securities", or "electronic media

and records".

However, "other property" does not include

copyrights, patents, trademarks, trade secrets

or other intellectual property.

20. "Period of restoration" means that period of

time that:

a. Begins with the end of the time deductible

for Coverage B referenced in the Declarations. Such deductible commences on

the date and time of direct "loss" to Cov- ered Property due to a Covered Cause of

Loss; and

b. Ends on the earlier of:

(1) The date you could restore your "op- erations", with reasonable speed, to

the condition that would have existed

if no direct "loss" to Covered Property due to a Covered Cause of Loss

had occurred; or

(2) As long as it would reasonably take

to repair, rebuild or replace the dam- aged Covered Property.

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

or thermal irritant or contaminant, including

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

chemicals, petroleum, petroleum products

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 gen- erally recognized in industry 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 "pollutant".

22. "Premises" means any building you lease,

rent or own and while you occupy it in con- ducting your business.

23. "Production equipment" means any machin- ery and related components, including any

integrated or dedicated "computer system",

which is used, or can be used, to produce or

process other tangible property.

24. "Securities" means negotiable and nonnegotiable instruments or contracts repre- senting either "money" or "other property" and

includes:

a. Tokens, tickets, revenue and other

stamps (whether represented by actual

stamps or unused value in a meter) in

current use; and

b. "Evidences of debt" issued in connection

with credit or charge cards not issued by

you.

25. "Service agreement" means a service plan or

warranty, or other similar service or warranty

agreement, even if it is characterized as in- surance.

26. "Specified causes of loss" means: Fire; light- ning; explosion; windstorm or hail; smoke; air- craft or vehicles; riot or civil commotion; van- dalism; leakage from fire extinguishing

equipment; sinkhole collapse; volcanic action;

falling objects; weight of snow, ice or sleet;

water damage.

a. Sinkhole collapse means the "sudden

and accidental" sinking or collapse of

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land into underground empty spaces cre- ated by the action of water on limestone

or dolomite. This cause of "loss" does not

include:

(1) The cost of filling sinkholes; or

(2) Sinking or collapse of land into

manmade underground cavities.

b. Falling objects does not include "loss" to:

(1) Covered 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 out- side wall of the building or structure

is first damaged by a falling object.

c. Water damage means "sudden and acci- dental" 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.

27. "Sudden and accidental" means abrupt, im- mediate and brief as well as unintended and

unexpected and without prior notice.

28. "Suspension" means the complete or partial

cessation of your business activities.

29. "Telecommunications equipment" means

telephones, including any related switching

systems or similar equipment, fax machines

and other similar equipment used to transmit

voice or "electronic media and records" com- munications over telephone lines, data lines

or air waves.

However, "telecommunications equipment"

does not include "hardware".

30. "Temporarily" means:

a. Not permanently; and

b. For a period of 30 consecutive days or

less.

31. "Unauthorized use" means:

a. Illegal or malicious entry into your "com- puter system" by a person not authorized

to do so by you which results in the distortion or corruption of such "computer

system"; or

b. Entry into or use of your "computer system" by a party:

(1) Not authorized by you to do so; or

(2) Authorized by you to do so, but who

does so to use it in an unauthorized

manner,

Which results in the distortion or corruption of your "computer system".

32. "Valuable papers and records" means in- scribed, printed or written documents, manu- scripts or records, including abstracts, books,

deeds, drawings, films, maps or mortgages.

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MA 4050 IL 04 10

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

OFFICE OF FOREIGN ASSETS CONTROL (OFAC)

COMPLIANCE ENDORSEMENT

This endorsement modifies insurance provided under the following:

ELECTRONIC DATA PROCESSING EQUIPMENT COVERAGE PART

Section IV - Additional Conditions, 3. Common Conditions is amended to include the following:

Office of Foreign Assets Control (OFAC) Compliance

Whenever insurance coverage provided by this policy would be in violation of any United States economic or

trade sanctions, such insurance coverage will not be provided under this policy.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL INLAND MARINE CONDITIONS

The following conditions apply in addition to the Common Policy Conditions and applicable Additional Conditions in Commercial Inland Marine Coverage Forms:

LOSS CONDITIONS

A. Abandonment

There can be no abandonment of any property to us.

B. Appraisal

If we and you disagree on the value of the

property or the amount of "loss", either may

make written demand for an appraisal of the

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

competent and impartial appraiser. The two

appraisers will select an umpire. If they cannot agree, either may request that selection

be made by a judge of a court having jurisdiction. The appraisers will state separately the

value of the property and amount of "loss". If

they fail to agree, they will submit their differences to the umpire. A decision agreed to by

any two will be binding. Each party will:

1. Pay its chosen appraiser; and

2. Bear the other expenses of the appraisal

and umpire equally.

If there is an appraisal, we will still retain our

right to deny the claim.

C. Duties in the Event of Loss

You must see that the following are done in

the event of "loss" to Covered Property:

1. Notify the police if a law may have been

broken.

2. Give us prompt notice of the "loss". Include a description of the property involved.

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

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. Make no statement that will assume any

obligation or admit any liability, for any

"loss" for which we may be liable, without

our consent.

6. Permit us to inspect the property and records proving "loss".

7. If requested, permit us to question you

under oath, at such times as may be reasonably required, about any matter relating to this insurance or your claim, including your books and records. In such

event, your answers must be signed.

8. Send us a signed, sworn statement of

"loss" containing the information we request to settle the claim. You must do

this within 60 days after our request. We

will supply you with the necessary forms.

9. Promptly send us any legal papers or notices received concerning the "loss".

10. Cooperate with us in the investigation or

settlement of the claim.

D. Insurance Under Two or More Coverages

If two or more of this policy's coverages apply

to the same "loss", we will not pay more than

the actual amount of the "loss".

E. Loss Payment

We will pay or make good any "loss" covered

under this Coverage Part within 30 days after:

1. We reach agreement with you;

2. The entry of final judgment; or

3. The filing of an appraisal award.

We will not be liable for any part of a "loss"

that has been paid or made good by others.

F. Other Insurance

If you have other insurance covering the

same "loss" as the insurance under this Coverage Part, we will pay only the excess over

what you should have received from the other

insurance. We will pay the excess whether

you can collect on the other insurance or not.

G. Pair, Sets or Parts

1. Pair or Set

In case of "loss" to any part of a pair or

set we may:

a. Repair or replace any part to restore

the pair or set to its value before the

"loss"; or

b. Pay the difference between the value

of the pair or set before and after the

"loss".

2. Parts

In case of "loss" to any part of Covered

Property consisting of several parts when

complete, we will only pay for the value of

the lost or damaged part.

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H. Privilege to Adjust with Owner

In the event of "loss" involving property of

others in your care, custody or control, we

have the right to:

1. Settle the "loss" with the owners of the

property. A receipt for payment from the

owners of that property will satisfy any

claim of yours.

2. Provide a defense for legal proceedings brought against you. If provided, the expense of this defense will be at our cost

and will not reduce the applicable Limit of

Insurance under this insurance.

I. Recoveries

Any recovery or salvage on a "loss" will accrue entirely to our benefit until the sum paid

by us has been made up.

J. Reinstatement of Limit After Loss

The Limit of Insurance will not be reduced by

the payment of any claim, except for total

"loss" of a scheduled item, in which event we

will refund the unearned premium on that

item.

K. Transfer of Rights of Recovery Against

Others to Us

If any person or organization to or for whom

we make payment under this insurance has

rights to recover damages from another,

those rights are transferred to us to the extent

of our payment. That person or organization

must do everything necessary to secure our

rights and must do nothing after "loss" to impair them.

GENERAL CONDITIONS

A. Concealment, Misrepresentation or Fraud

This Coverage Part is void in any case of

fraud, intentional concealment or misrepresentation of a material fact, by you or any

other insured, at any time, concerning:

1. This Coverage Part;

2. The Covered Property;

3. Your interest in the Covered Property; or

4. A claim under this Coverage Part.

B. Legal Action Against Us

No one may bring a legal action against us

under this Coverage Part unless:

1. There has been full compliance with all

the terms of this Coverage Part; and

2. The action is brought within 2 years after

you first have knowledge of the "loss".

C. Liberalization

If, within 45 days prior to the beginning of this

Coverage Part or during the policy period, we

make any changes to any forms or endorsements of this Coverage Part for which there is

currently no separate premium charge, and

that change provides more coverage than this

Coverage Part, the change will be considered

as included until the end of the current policy

period. We will make no additional premium

charge for this additional coverage during the

interim.

D. No Benefit to Bailee

No person or organization, other than you,

having custody of Covered Property, will

benefit from this insurance.

E. Policy Period

We cover "loss" commencing during the policy period shown in the Declarations.

F. Valuation

The value of property will be the least of the

following amounts:

1. The actual cash value of that property;

2. The cost of reasonably restoring that

property to its condition immediately before "loss"; or

3. The cost of replacing that property with

substantially identical property.

In the event of "loss", the value of property will

be determined as of the time of "loss".

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SCHEDULED PREMISES ENDORSEMENT

This endorsement modifies insurance provided under the following:

ELECTRONIC DATA PROCESSING EQUIPMENT COVERAGE PART

I. Schedule:

Location Number Coverage A Coverage B

Limit of Insurance Limit of Insurance

1-1 40,000 10,000

Blanket Insurance:

Location Number Coverage A Coverage B

Limit of Insurance Limit of Insurance

Newly Acquired Property

Limit of Insurance: $250,000 - Unless Otherwise Stated 

II. Section I - Coverages is amended as follows:

Section I - Coverages, Coverage A - Electronic Data Processing Property, Paragraph 5. Coverage

Extensions is amended to include the following:

NEWLY ACQUIRED PROPERTY

(1) We will pay up to the Limit of Insurance for Newly Acquired Property stated in the Schedule of this

endorsement in any one "occurrence" for "loss" to "newly acquired" Covered Property due to a Cov- ered Cause of Loss:

(a) In excess of the Limit of Insurance for Coverage A applicable to the "premises" stated in the

Schedule of this endorsement; or

(b) At a location you lease, rent or own in the "coverage territory" and while you occupy it in con- ducting your business, but which has not yet been reported to us as a "premises".

(2) You will report such "newly acquired" Covered Property to us within ninety (90) days of its acquisition

and pay any additional premium due. Insurance coverage under this Coverage Extension ceases at

the earlier of:

(a) Ninety (90) days elapsing from the date of acquisition; or

(b) The expiration of the policy period.

III. Section IV - Additional Conditions is amended as follows:

3. Common Conditions, b. Blanket Insurance is hereby deleted and replaced by the following:

Includes copyrighted material of ISO

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to 

First acquired; or

ness.

Endorsement you 

22.

 "Premises" is hereby deleted and replaced by the following:

by ) the of the Scheduled Premises Endorsement,

b.

First new the not to 

"Newly acquired" means:

bus

and you 

at address 

or 

building 

moved location "coverage yet us 

a.

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referenced 

IV.

indicated 

since the inception of the current "coverage term".

ises",

b. a within territory" reported as a "premiThe following definition is added:

the SchedSchedule 

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Schedule of 

If 

own 

located 

while 

an 

Definition 

insurance X in 

rent 

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Section V - Definitions

in 

the 

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 is amended as follows:

Premises 

22.

the Limit of Insurance for each Coverage applies to all "premises" listed in the endorsement.

is ( 

Blanket Insurance

it 

in 

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MA 4015 06 07 Properties, Inc., with its permission. Page 2 of 2

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Includes copyrighted material of Insurance

MA 489 IL 11 16 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES

This endorsement modifies insurance provided under the following:

COMMERCIAL INLAND MARINE COVERAGE PART

A. CANCELLATION (Common Policy Conditions) is deleted in its entirety and replaced by 

the following:

CANCELLATION

1. The first Named Insured shown in the 

Declarations may cancel this policy 

by mailing to us advance written notice of cancellation.

2. a. We may cancel this policy by 

mailing to you written notice stating the reason for cancellation. b. If we cancel nonpayment of

premium, we will mail the notice

at least 10 days prior to the effective date of cancellation.

c. If we cancel for a reason other 

than nonpayment of premium, we will mail the notice at least:

(1) 30 days prior to the effective

date of cancellation if the

policy has been in effect for

less than 60 days.

(2) 60 days prior to the effective

date of cancellation if the

policy has been in effect for

more than 60 days. 3. If this policy has been in effect for 

more than 60 days, we may cancel

only for one or more of the following 

reasons:

a. Nonpayment of premium;

b. The policy was obtained through

a material misrepresentation;

c. Any insured has violated any of

the terms and conditions of the

policy;

d. The risk originally accepted has

measurably increased;

e. Certification to the Director of Insurance of the loss of reinsurance by the insurer that provided 

coverage to us for all or a substantial part of the underlying risk

insured; or

f. A determination by the Director 

of Insurance that the continuation of the policy could place us

in violation of the insurance laws

of this State. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date.

5. If this policy is cancelled we will send 

the first Named Insured any premium 

refund due. If we or the first Named

Insured cancel, the refund will be pro 

rata. The cancellation will be effective

even if we have not offered a refund.

B. The following is added and supersedes any 

provision to the contrary:

NONRENEWAL

1. If we decide not to renew this policy, we 

will mail written notice of nonrenewal no 

less than 60 days before the expiration 

date to:

a. You; and

b. The broker, if known to us, or the 

agent of record.

2. Even if we do not comply with these

terms, this policy will terminate:

a. On the expiration date if:

(1) You fail to perform any of your 

obligations in connection with the

payment of the premium for the

policy, or any installment pay- ment, whether payable directly to 

us or our agents or indirectly under any premium finance plan or 

extension of credit; or

(2) We have indicated our willingness to renew this policy to you

or your representative; or

(3) You have notified us or our 

agent that you do not want to renew this policy. b. On the effective date of any other insurance replacing this policy.

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Includes copyrighted material of Insurance

MA 489 IL 11 16 Services Office, Inc., with its permission. Page 2 of 2

C. Mailing of Notices

We will mail cancellation and nonrenewal notices to you, and the agent or broker, at the 

last addresses known to us. Proof of mailing 

will be sufficient proof of notice.

D. Commercial Inland Marine General Condition

B. LEGAL ACTION AGAINST US is replaced

by the following:

B. LEGAL ACTION AGAINST US

No one may bring a legal action against 

us:

1. Until there has been full compliance 

with all the terms of this Coverage 

Part; and

2. More than 2 years after you first file a 

sworn proof of "loss" document with 

our agent or us. But we will extend 

this 2-year period by the number of 

days between the date you filed a 

sworn proof of "loss" document and 

the date the claim is denied in whole

or in part by us.

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Forms and endorsements applicable to this Coverage Part at policy inception.

CR0020 05/06 COMMERCIAL CRIME COVERAGE FORM (DISCOVERY FORM)

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ENDORSEMENT

CCP402 02/14

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CA 516 03 09 ECP 026 96 01 Page 1 of 1

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CR 00 20 05 06 © ISO Properties, Inc., 2005 Page 1 of 13

COMMERCIAL CRIME COVERAGE FORM

(DISCOVERY FORM)

Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine rights,

duties and what is or 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.

A. Insuring Agreements

Coverage is provided under the following In- suring Agreements for which a Limit of Insur- ance is shown in the Declarations and applies

to loss that you sustain resulting directly from

an "occurrence" taking place at any time

which is "discovered" by you during the Policy

Period shown in the Declarations or during the

period of time provided in the Extended Period to Discover Loss Condition E.1.g.:

1. Employee Theft

We will pay for loss of or damage to

"money", "securities" and "other property"

resulting directly from "theft" committed

by an "employee", whether identified or

not, acting alone or in collusion with other

persons.

For the purposes of this Insuring Agree- ment, "theft" shall also include forgery.

2. Forgery or Alteration

a. We will pay for loss resulting directly

from "forgery" or alteration of checks,

drafts, promissory notes, or similar

written promises, orders or directions

to pay a sum certain in "money" that

are:

(1) Made or drawn by or drawn

upon you; or

(2) Made or drawn by one acting as

your agent;

or that are purported to have been

so made or drawn.

For the purposes of this Insuring

Agreement, a substitute check as

defined in the Check Clearing for the

21st Century Act shall be treated the

same as the original it replaced.

b. If you are sued for refusing to pay

any instrument covered in Paragraph

2.a., on the basis that it has been

forged or altered, and you have our

written consent to defend against the

suit, we will pay for any reasonable

legal expenses that you incur and

pay in that defense. The amount that

we will pay is in addition to the Limit

of Insurance applicable to this In- suring Agreement.

3. Inside The Premises - Theft of Money

and Securities

a. We will pay for loss of "money" and

"securities" inside the "premises" or

"banking premises":

(1) Resulting directly from "theft"

committed by a person present

inside such "premises" or

"banking premises"; or

(2) Resulting directly from disap- pearance or destruction.

b. We will pay for loss from damage to

the "premises" or its exterior resulting directly from an actual or attempted "theft" of "money" and "se- curities", if you are the owner of the

"premises" or are liable for damage

to it.

c. We will pay for loss of or damage to

a locked safe, vault, cash register,

cash box or cash drawer located in- side the "premises" resulting directly

from an actual or attempted "theft" of

or unlawful entry into those contain- ers.

4. Inside the Premises - Robbery or Safe

Burglary of Other Property

a. We will pay for loss of or damage to

"other property":

(1) Inside the "premises" resulting

directly from an actual or attempted "robbery" of a "custo- dian"; or

(2) Inside the "premises" in a safe

or vault resulting directly from an

actual or attempted "safe bur- glary".

b. We will pay for loss from damage to

the "premises" or its exterior resulting directly from an actual or attempted "robbery" or "safe burglary"

of "other property", if you are the

owner of the "premises" or are liable

for damage to it.

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c. We will pay for loss of or damage to

a locked safe or vault located inside

the "premises" resulting directly from

an actual or attempted "robbery" or

"safe burglary".

5. Outside the Premises

a. We will pay for loss of "money" and

"securities" outside the "premises" in

the care and custody of a "messen- ger" or an armored motor vehicle

company resulting directly from

"theft", disappearance or destruction.

b. We will pay for loss of or damage to

"other property" outside the "premises" in the care and custody of a

"messenger" or an armored motor

vehicle company resulting directly

from an actual or attempted "rob- bery".

6. Computer Fraud

We will pay for loss of or damage to

"money", "securities" and "other property"

resulting directly from the use of any

computer to fraudulently cause a transfer

of that property from inside the "premises" or "banking premises":

a. To a person (other than a "messen- ger") outside those "premises"; or

b. To a place outside those "premises".

7. Funds Transfer Fraud

We will pay for loss of "funds" resulting directly from a "fraudulent instruction" directing a financial institution to transfer,

pay or deliver "funds" from your "transfer

account".

8. Money Orders and Counterfeit Money

We will pay for loss resulting directly from

your having accepted in good faith, in ex- change for merchandise, "money" or

services:

a. Money orders issued by any post office, express company or bank that

are not paid upon presentation; or

b. "Counterfeit money" that is acquired

during the regular course of busi- ness.

B. Limit of Insurance

The most we will pay for all loss resulting directly from an "occurrence" is the applicable

Limit of Insurance shown in the Declarations.

If any loss is covered under more than one

Insuring Agreement or Coverage, the most we

will pay for such loss shall not exceed the

largest Limit of Insurance available under any

one of those Insuring Agreements or Cover- ages.

C. Deductible

We will not pay for loss resulting directly from

an "occurrence" unless the amount of loss

exceeds the Deductible Amount shown in the

Declarations. We will then pay the amount of

loss in excess of the Deductible Amount, up to

the Limit of Insurance.

D. Exclusions

1. This insurance does not cover:

a. Acts Committed by You, Your

Partners or Your Members

Loss resulting from "theft" or any

other dishonest act committed by:

(1) You; or

(2) Any of your partners or "mem- bers";

whether acting alone or in collusion

with other persons.

b. Acts of Employees Learned of by

You Prior to the Policy Period

Loss caused by an "employee" if the

"employee" had also committed

"theft" or any other dishonest act

prior to the effective date of this in- surance and you or any of your part- ners, "members", "managers", offi- cers, directors or trustees, not in

collusion with the "employee",

learned of that "theft" or dishonest

act prior to the Policy Period shown

in the Declarations.

c. Acts Of Employees, Managers, Di- rectors, Trustees or Representatives

Loss resulting from "theft" or any

other dishonest act committed by

any of your "employees", "manag- ers", directors, trustees or authorized

representatives:

(1) Whether acting alone or in collu- sion with other persons; or

(2) While performing services for

you or otherwise;

except when covered under Insuring

Agreement A.1.

d. Confidential Information

Loss resulting from:

(1) The unauthorized disclosure of

your confidential information in- cluding, but not limited to, patCase: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 232 of 340 PageID #:245
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ents, trade secrets, processing

methods or customer lists; or

(2) The unauthorized use or disclo- sure of confidential information

of another person or entity

which is held by you including,

but not limited to, financial information, personal information,

credit card information or similar

non-public information.

e. Governmental Action

Loss resulting from seizure or de- struction of property by order of gov- ernmental authority.

f. Indirect Loss

Loss that is an indirect result of an

"occurrence" covered by this insur- ance including, but not limited to,

loss resulting from:

(1) Your inability to realize income

that you would have realized

had there been no loss of or

damage to "money", "securities"

or "other property".

(2) Payment of damages of any

type for which you are legally li- able. But, we will pay compen- satory damages arising directly

from a loss covered under this

insurance.

(3) Payment of costs, fees or other

expenses you incur in establishing either the existence or

the amount of loss under this in- surance.

g. Legal Fees, Costs and Expenses

Fees, costs and expenses incurred

by you which are related to any legal

action, except when covered under

Insuring Agreement A.2.

h. Nuclear Hazard

Loss or damage resulting from nu- clear reaction or radiation or radioactive contamination, however caused.

i. Pollution

Loss or damage caused by or re- sulting from pollution. Pollution

means the discharge, dispersal,

seepage, migration, release or es- cape of any solid, liquid, gaseous or

thermal irritant or contaminant, in- cluding smoke, vapor, soot, fumes,

acids, alkalis, chemicals and waste.

Waste includes materials to be recy- cled, reconditioned or reclaimed.

j. War and Military Action

Loss or damage resulting from:

(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

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

taken by governmental authority

in hindering or defending

against any of these.

2. Insuring Agreement A.1. does not cover:

a. Inventory Shortages

Loss, or that part of any loss, the

proof of which as to its existence or

amount is dependent upon:

(1) An inventory computation; or

(2) A profit and loss computation.

However, where you establish wholly

apart from such computations that

you have sustained a loss, then you

may offer your inventory records and

actual physical count of inventory in

support of the amount of loss

claimed.

b. Trading

Loss resulting from trading, whether

in your name or in a genuine or fictitious account.

c. Warehouse Receipts

Loss resulting from the fraudulent or

dishonest signing, issuing, cancelling

or failing to cancel, a warehouse re- ceipt or any papers connected with

it.

3. Insuring Agreements A.3., A.4. and A.5.

do not cover:

a. Accounting or Arithmetical Errors

or Omissions

Loss resulting from accounting or arithmetical errors or omissions.

b. Exchanges or Purchases

Loss resulting from the giving or surrendering of property in any ex- change or purchase.

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c. Fire

Loss or damage resulting from fire,

however caused, except:

(1) Loss of or damage to "money"

and "securities"; and

(2) Loss from damage to a safe or

vault.

d. Money Operated Devices

Loss of property contained in any

money operated device unless the

amount of "money" deposited in it is

recorded by a continuous recording

instrument in the device.

e. Motor Vehicles or Equipment and

Accessories

Loss of or damage to motor vehicles,

trailers or semi-trailers or equipment

and accessories attached to them.

f. Transfer or Surrender of Property

(1) Loss of or damage to property

after it has been transferred or

surrendered to a person or

place outside the "premises" or

"banking premises":

(a) On the basis of unauthorized instructions;

(b) As a result of a threat to do

bodily harm to any person;

(c) As a result of a threat to do

damage to any property;

(d) As a result of a threat to introduce a denial of service

attack into your computer

system;

(e) As a result of a threat to introduce a virus or other malicious instruction into your

computer system which is

designed to damage, de- stroy or corrupt data or

computer programs stored

within your computer system;

(f) As a result of a threat to

contaminate, pollute or ren- der substandard your prod- ucts or goods; or

(g) As a result of a threat to

disseminate, divulge or utilize:

(i) Your confidential infor- mation; or

(ii) Weaknesses in the

source code within

your computer system.

(2) But, this Exclusion does not ap- ply under Insuring Agreement

A.5. to loss of "money", "securities" or "other property" while

outside the "premises" in the

care and custody of a "messen- ger" if you:

(a) Had no knowledge of any

threat at the time the con- veyance began; or

(b) Had knowledge of a threat

at the time the conveyance

began, but the loss was not

related to the threat.

g. Vandalism

Loss from damage to the "premises"

or its exterior, or to any safe, vault,

cash register, cash box, cash drawer

or "other property" by vandalism or

malicious mischief.

h. Voluntary Parting of Title to or

Possession of Property

Loss resulting from your, or anyone

acting on your express or implied

authority, being induced by any dis- honest act to voluntarily part with title

to or possession of any property.

4. Insuring Agreement A.6. does not cover:

a. Credit Card Transactions

Loss resulting from the use or pur- ported use of credit, debit, charge,

access, convenience, identification,

stored-value or other cards or the

information contained on such cards.

b. Funds Transfer Fraud

Loss resulting from a "fraudulent in- struction" directing a financial institution to transfer, pay or deliver "funds"

from your "transfer account".

c. Inventory Shortages

Loss, or that part of any loss, the

proof of which as to its existence or

amount is dependent upon:

(1) An inventory computation; or

(2) A profit and loss computation.

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5. Insuring Agreement A.7. does not cover:

COMPUTER FRAUD

Loss resulting from the use of a computer

to fraudulently cause a transfer of

"money", "securities" or "other property".

E. Conditions

The following Conditions apply in addition to

the Common Policy Conditions:

1. Conditions Applicable to all Insuring

Agreements

a. Additional Premises or Employees

If, while this insurance is in force, you

establish any additional "premises"

or hire additional "employees", other

than through consolidation or merger

with, or purchase or acquisition of

assets or liabilities of, another entity,

such "premises" and "employees"

shall automatically be covered under

this insurance. Notice to us of an in- crease in the number of "premises"

or "employees" need not be given

and no additional premium need be

paid for the remainder of the Policy

Period shown in the Declarations.

b. Concealment, Misrepresentation

or Fraud

This insurance is void in any case of

fraud by you as it relates to this in- surance at any time. It is also void if

you or any other Insured, at any

time, intentionally conceal or misrepresent a material fact concerning:

(1) This insurance;

(2) The property covered under this

insurance;

(3) Your interest in the property

covered under this insurance; or

(4) A claim under this insurance.

c. Consolidation - Merger or Acquisition

If you consolidate or merge with, or

purchase or acquire the assets or li- abilities of, another entity:

(1) You must give us written notice

as soon as possible and obtain

our written consent to extend

the coverage provided by this

insurance to such consolidated

or merged entity or such pur- chased or acquired assets or li- abilities. We may condition our

consent by requiring payment of

an additional premium; but

(2) For the first 90 days after the

effective date of such consolidation, merger or purchase or ac- quisition of assets or liabilities,

the coverage provided by this

insurance shall apply to such

consolidated or merged entity or

such purchased or acquired as- sets or liabilities, provided that

all "occurrences" causing or

contributing to a loss involving

such consolidation, merger or

purchase or acquisition of as- sets or liabilities, must take

place after the effective date of

such consolidation, merger or

purchase or acquisition of as- sets or liabilities.

d. Cooperation

You must cooperate with us in all

matters pertaining to this insurance

as stated in its terms and conditions.

e. Duties in the Event of Loss

After you "discover" a loss or a situation that may result in loss of or

damage to "money", "securities" or

"other property" you must:

(1) Notify us as soon as possible. If

you have reason to believe that

any loss (except for loss cov- ered under Insuring Agreement

A.1. or A.2.) involves a violation

of law, you must also notify the

local law enforcement authorities.

(2) Submit to examination under

oath at our request and give us

a signed statement of your an- swers.

(3) Produce for our examination all

pertinent records.

(4) Give us a detailed, sworn proof

of loss within 120 days.

(5) Cooperate with us in the investi- gation and settlement of any

claim.

f. Employee Benefit Plans

(1) The "employee benefit plans"

shown in the Declarations

(hereafter referred to as Plan)

are included as Insureds under

Insuring Agreement A.1.

(2) If any Plan is insured jointly with

any other entity under this in- surance, you or the Plan Ad- ministrator must select a Limit of

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ment A.1. that is sufficient to

provide a Limit of Insurance for

each Plan that is at least equal

to that required if each Plan

were separately insured.

(3) With respect to loss sustained or

"discovered" by any such Plan,

Insuring Agreement A.1. is re- placed by the following:

We will pay for loss of or dam- age to "funds" and "other prop- erty" resulting directly from

fraudulent or dishonest acts

committed by an "employee",

whether identified or not, acting

alone or in collusion with other

persons.

(4) If the first Named Insured is an

entity other than a Plan, any

payment we make for loss sustained by any Plan will be made

to the Plan sustaining the loss.

(5) If two or more Plans are insured

under this insurance, any pay- ment we make for loss:

(a) Sustained by two or more

Plans; or

(b) Of commingled "funds" or

"other property" of two or

more Plans;

resulting directly from an

"occurrence" will be made

to each Plan sustaining loss

in the proportion that the

Limit of Insurance required

for each Plan bears to the

total Limit of Insurance of all

Plans sustaining loss.

(6) The Deductible Amount applica- ble to Insuring Agreement A.1.

does not apply to loss sustained

by any Plan.

g. Extended Period to Discover Loss

We will pay for loss that you sustained prior to the effective date of

cancellation of this insurance, which

is "discovered" by you:

(1) No later than 60 days from the

date of that cancellation. How- ever, this extended period to

"discover" loss terminates im- mediately upon the effective

date of any other insurance obtained by you, whether from us

or another insurer, replacing in

whole or in part the coverage

afforded under this insurance,

whether or not such other insurance provides coverage for loss

sustained prior to its effective

date.

(2) No later than 1 year from the

date of that cancellation with re- gard to any "employee benefit

plans".

h. Joint Insured

(1) If more than one Insured is

named in the Declarations, the

first Named Insured will act for

itself and for every other Insured

for all purposes of this insur- ance. If the first Named Insured

ceases to be covered, then the

next Named Insured will be- come the first Named Insured.

(2) If any Insured, or partner,

"member" or officer of that In- sured has knowledge of any information relevant to this insur- ance, that knowledge is consid- ered knowledge of every In- sured.

(3) An "employee" of any Insured is

considered to be an "employee"

of every Insured.

(4) If this insurance or any of its

coverages is cancelled as to

any Insured, loss sustained by

that Insured is covered only if it

is "discovered" by you:

(a) No later than 60 days from

the date of that cancellation.

However, this extended period to "discover" loss ter- minates immediately upon

the effective date of any

other insurance obtained by

that Insured, whether from

us or another insurer, re- placing in whole or in part

the coverage afforded un- der this insurance, whether

or not such other insurance

provides coverage for loss

sustained prior to its effective date.

(b) No later than 1 year from

the date of that cancellation

with regard to any "em- ployee benefit plans".

(5) We will not pay more for loss

sustained by more than one In- sured than the amount we would

pay if all such loss had been

sustained by one Insured.

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(6) Payment by us to the first

Named Insured for loss sustained by any Insured, other

than an "employee benefit plan",

shall fully release us on account

of such loss.

i. Legal Action Against Us

You may not bring any legal action

against us involving loss:

(1) Unless you have complied with

all the terms of this insurance;

(2) Until 90 days after you have filed

proof of loss with us; and

(3) Unless brought within 2 years

from the date you "discovered"

the loss.

If any limitation in this Condition

is prohibited by law, such limitation is amended so as to equal

the minimum period of limitation

provided by such law.

j. Liberalization

If we adopt any revision that would

broaden the coverage under this in- surance without additional premium

within 45 days prior to or during the

Policy Period shown in the Declarations, the broadened coverage will

immediately apply to this insurance.

k. Other Insurance

If other valid and collectible insur- ance is available to you for loss cov- ered under this insurance, our obli- gations are limited as follows:

(1) Primary Insurance

When this insurance is written

as primary insurance, and:

(a) You have other insurance

subject to the same terms

and conditions as this in- surance, we will pay our

share of the covered loss.

Our share is the proportion

that the applicable Limit of

Insurance shown in the

Declarations bears to the

total limit of all insurance

covering the same loss.

(b) You have other insurance

covering the same loss

other than that described in

Paragraph (1)(a), we will

only pay for the amount of

loss that exceeds:

(i) The Limit of Insurance

and Deductible Amount

of that other insurance,

whether you can collect

on it or not; or

(ii) The Deductible Amount

shown in the Declarations;

whichever is greater. Our pay- ment for loss is subject to the

terms and conditions of this in- surance.

(2) Excess Insurance

(a) When this insurance is

written excess over other

insurance, we will only pay

for the amount of loss that

exceeds the Limit of Insur- ance and Deductible

Amount of that other insur- ance, whether you can collect on it or not. Our pay- ment for loss is subject to

the terms and conditions of

this insurance.

(b) However, if loss covered

under this insurance is

subject to a Deductible, we

will reduce the Deductible

Amount shown in the Declarations, by the sum total of

all such other insurance

plus any Deductible Amount

applicable to that other in- surance.

l. Ownership of Property; Interests

Covered

The property covered under this in- surance is limited to property:

(1) That you own or lease; or

(2) That you hold for others whether

or not you are legally liable for

the loss of such property.

However, this insurance is for your

benefit only. It provides no rights or

benefits to any other person or or- ganization. Any claim for loss that is

covered under this insurance must

be presented by you.

m. Policy Bridge - Discovery Replacing Loss Sustained

(1) If this insurance replaces insur- ance that provided you with an

extended period of time after

cancellation in which to discover

loss and which did not terminate

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at the time this insurance be- came effective:

(a) We will not pay for any loss

that occurred during the

Policy Period of that prior

insurance which is "discov- ered" by you during the

extended period to "dis- cover" loss, unless the

amount of loss exceeds the

Limit of Insurance and De- ductible Amount of that prior

insurance. In that case, we

will pay for the excess loss

subject to the terms and

conditions of this policy.

(b) However, any payment we

make for the excess loss

will not be greater than the

difference between the Limit

of Insurance and Deductible

Amount of that prior insur- ance and the Limit of Insur- ance shown in the Declarations. We will not apply the

Deductible Amount shown

in the Declarations to this

excess loss.

(2) The Other Insurance Condition

E.1.k. does not apply to this

Condition.

n. Records

You must keep records of all prop- erty covered under this insurance so

we can verify the amount of any loss.

o. Recoveries

(1) Any recoveries, whether effected before or after any pay- ment under this insurance,

whether made by us or you,

shall be applied net of the ex- pense of such recovery:

(a) First, to you in satisfaction

of your covered loss in ex- cess of the amount paid

under this insurance;

(b) Second, to us in satisfaction

of amounts paid in settle- ment of your claim;

(c) Third, to you in satisfaction

of any Deductible Amount;

and

(d) Fourth, to you in satisfaction

of any loss not covered un- der this insurance.

(2) Recoveries do not include any

recovery:

(a) From insurance, suretyship,

reinsurance, security or in- demnity taken for our benefit; or

(b) Of original "securities" after

duplicates of them have

been issued.

p. Territory

This insurance covers loss that you

sustain resulting directly from an

"occurrence" taking place within the

United States of America (including

its territories and possessions),

Puerto Rico and Canada.

q. Transfer of Your Rights of Recov- ery Against Others to Us

You must transfer to us all your

rights of recovery against any person

or organization for any loss you

sustained and for which we have

paid or settled. You must also do

everything necessary to secure

those rights and do nothing after loss

to impair them.

r. Valuation - Settlement

(1) The value of any loss for pur- poses of coverage under this

policy shall be determined as

follows:

(a) Loss of "money" but only up

to and including its face

value. We will, at your option, pay for loss of "money"

issued by any country other

than the United States of

America:

(i) At face value in the

"money" issued by that

country; or

(ii) In the United States of

America dollar equivalent determined by the

rate of exchange published in The Wall

Street Journal on the

day the loss was "dis- covered".

(b) Loss of "securities" but only

up to and including their

value at the close of busi- ness on the day the loss

was "discovered". We may,

at our option:

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(i) Pay the market value of

such "securities" or re- place them in kind, in

which event you must

assign to us all your

rights, title and interest

in and to those "securities"; or

(ii) Pay the cost of any

Lost Securities Bond

required in connection

with issuing duplicates

of the "securities".

However, we will be li- able only for the pay- ment of so much of the

cost of the bond as

would be charged for a

bond having a penalty

not exceeding the

lesser of the:

i. Market value of

the "securities" at

the close of busi- ness on the day

the loss was "dis- covered"; or

ii. The Limit of Insur- ance applicable to

the "securities".

(c) Loss of or damage to "other

property" or loss from dam- age to the "premises" or its

exterior for the replacement

cost of the property without

deduction for depreciation.

However, we will not pay

more than the least of the

following:

(i) The cost to replace the

lost or damaged prop- erty with property of

comparable material

and quality and used

for the same purpose;

(ii) The amount you actu- ally spend that is nec- essary to repair or re- place the lost or dam- aged property; or

(iii) The Limit of Insurance

applicable to the lost or

damaged property.

With regard to Paragraphs

r.(1)(c)(i) through

r.(1)(c)(iii), we will not pay

on a replacement cost basis

for any loss or damage:

i. Until the lost or

damaged property

is actually repaired

or replaced; and

ii. Unless the repairs

or replacement

are made as soon

as reasonably

possible after the

loss or damage.

If the lost or damaged

property is not repaired or

replaced, we will pay on an

actual cash value basis.

(2) We will, at your option, settle

loss or damage to property other

than "money":

(a) In the "money" of the country in which the loss or

damage occurred; or

(b) In the United States of

America dollar equivalent of

the "money" of the country

in which the loss or damage

occurred determined by the

rate of exchange published

in The Wall Street Journal

on the day the loss was

"discovered".

(3) Any property that we pay for or

replace becomes our property.

2. Conditions Applicable to Insuring

Agreement A.1.

a. Termination as to Any Employee

This Insuring Agreement terminates

as to any "employee":

(1) As soon as:

(a) You; or

(b) Any of your partners,

"members", "managers", officers, directors or trustees

not in collusion with the

"employee";

learn of "theft" or any other dis- honest act committed by the

"employee" whether before or

after becoming employed by

you.

(2) On the date specified in a notice

mailed to the first Named In- sured. That date will be at least

30 days after the date of mailing.

We will mail or deliver our notice

to the first Named Insured's last

mailing address known to us. If

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notice is mailed, proof of mailing

will be sufficient proof of notice.

b. Territory

We will pay for loss caused by any

"employee" while temporarily outside

the territory specified in the Territory

Condition E.1.p. for a period of not

more than 90 consecutive days.

3. Conditions Applicable to Insuring

Agreement A.2.

a. Deductible Amount

The Deductible Amount does not

apply to legal expenses paid under

Insuring Agreement A.2.

b. Electronic and Mechanical Signatures

We will treat signatures that are pro- duced or reproduced electronically,

mechanically or by other means the

same as handwritten signatures.

c. Proof of Loss

You must include with your proof of

loss any instrument involved in that

loss, or, if that is not possible, an affidavit setting forth the amount and

cause of loss.

d. Territory

We will cover loss that you sustain

resulting directly from an "occurrence" taking place anywhere in the

world. Territory Condition E.1.p. does

not apply to Insuring Agreement A.2.

4. Conditions Applicable to Insuring

Agreements A.4. and A.5.

a. Armored Motor Vehicle Compa- nies

Under Insuring Agreement A.5., we

will only pay for the amount of loss

you cannot recover:

(1) Under your contract with the ar- mored motor vehicle company;

and

(2) From any insurance or indem- nity carried by, or for the benefit

of customers of, the armored

motor vehicle company.

b. Special Limit of Insurance for

Specified Property

We will only pay up to $5,000 for any

one "occurrence" of loss of or dam- age to:

(1) Precious metals, precious or

semi-precious stones, pearls,

furs, or completed or partially

completed articles made of or

containing such materials that

constitute the principal value of

such articles; or

(2) Manuscripts, drawings, or rec- ords of any kind, or the cost of

reconstructing them or repro- ducing any information contained in them.

5. Conditions Applicable to Insuring

Agreement A.6.

a. Special Limit of Insurance for

Specified Property

We will only pay up to $5,000 for any

one "occurrence" of loss of or dam- age to manuscripts, drawings, or re- cords of any kind, or the cost of re- constructing them or reproducing

any information contained in them.

b. Territory

We will cover loss that you sustain

resulting directly from an "occurrence" taking place anywhere in the

world. Territory Condition E.1.p. does

not apply to Insuring Agreement A.6.

F. Definitions

1. "Banking premises" means the interior of

that portion of any building occupied by a

banking institution or similar safe de- pository.

2. "Counterfeit money" means an imitation

of "money" that is intended to deceive

and to be taken as genuine.

3. "Custodian" means you, or any of your

partners or "members", or any "em- ployee" while having care and custody of

property inside the "premises", excluding

any person while acting as a "watchper- son" or janitor.

4. "Discover" or "discovered" means the

time when you first become aware of

facts which would cause a reasonable

person to assume that a loss of a type

covered by this insurance has been or

will be incurred, regardless of when the

act or acts causing or contributing to such

loss occurred, even though the exact

amount or details of loss may not then be

known.

"Discover" or "discovered" also means

the time when you first receive notice of

an actual or potential claim in which it is

alleged that you are liable to a third party

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under circumstances which, if true, would

constitute a loss under this insurance.

5. "Employee":

a. "Employee" means:

(1) Any natural person:

(a) While in your service and

for the first 30 days imme- diately after termination of

service, unless such termi- nation is due to "theft" or

any other dishonest act

committed by the "em- ployee";

(b) Who you compensate directly by salary, wages or

commissions; and

(c) Who you have the right to

direct and control while

performing services for you;

(2) Any natural person who is fur- nished temporarily to you:

(a) To substitute for a perma- nent "employee" as defined

in Paragraph a.(1), who is

on leave; or

(b) To meet seasonal or shortterm work load conditions;

while that person is subject to

your direction and control and

performing services for you, ex- cluding, however, any such per- son while having care and custody of property outside the

"premises";

(3) Any natural person who is

leased to you under a written

agreement between you and a

labor leasing firm, to perform

duties related to the conduct of

your business, but does not

mean a temporary employee as

defined in Paragraph a.(2);

(4) Any natural person who is:

(a) A trustee, officer, employee,

administrator or manager,

except an administrator or

manager who is an inde- pendent contractor, of any

"employee benefit plan";

and

(b) A director or trustee of

yours while that person is

engaged in handling

"funds" or "other property"

of any "employee benefit

plan";

(5) Any natural person who is a

former "employee", partner,

"member", "manager", director

or trustee retained as a consult- ant while performing services for

you;

(6) Any natural person who is a

guest student or intern pursuing

studies or duties, excluding,

however, any such person while

having care and custody of

property outside the "premises";

(7) Any "employee" of an entity

merged or consolidated with you

prior to the effective date of this

insurance; or

(8) Any of your "managers", directors or trustees while:

(a) Performing acts within the

scope of the usual duties of

an "employee"; or

(b) Acting as a member of any

committee duly elected or

appointed by resolution of

your board of directors or

board of trustees to perform

specific, as distinguished

from general, directorial

acts on your behalf.

b. "Employee" does not mean any

agent, broker, factor, commission

merchant, consignee, independent

contractor or representative of the

same general character not specified

in Paragraph 5.a.

6. "Employee benefit plan" means any welfare or pension benefit plan shown in the

Declarations that you sponsor and which

is subject to the Employee Retirement In- come Security Act of 1974 (ERISA) and

any amendments thereto.

7. "Forgery" means the signing of the name

of another person or organization with

intent to deceive; it does not mean a sig- nature which consists in whole or in part

of one's own name signed with or without

authority, in any capacity, for any pur- pose.

8. "Fraudulent instruction" means:

a. An electronic, telegraphic, cable,

teletype, telefacsimile or telephone

instruction which purports to have

been transmitted by you, but which

was in fact fraudulently transmitted

by someone else without your

knowledge or consent;

b. A written instruction (other than

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ment A.2.) issued by you, which was

forged or altered by someone other

than you without your knowledge or

consent, or which purports to have

been issued by you, but was in fact

fraudulently issued without your

knowledge or consent; or

c. An electronic, telegraphic, cable,

teletype, telefacsimile, telephone or

written instruction initially received by

you which purports to have been

transmitted by an "employee" but

which was in fact fraudulently trans- mitted by someone else without your

or the "employee's" knowledge or

consent.

9. "Funds" means "money" and "securities".

10. "Manager" means a person serving in a

directorial capacity for a limited liability

company.

11. "Member" means an owner of a limited li- ability company represented by its mem- bership interest, who also may serve as a

"manager".

12. "Messenger" means you, or a relative of

yours, or any of your partners or "mem- bers", or any "employee" while having

care and custody of property outside the

"premises".

13. "Money" means:

a. Currency, coins and bank notes in

current use and having a face value;

and

b. Travelers checks, register checks

and money orders held for sale to

the public.

14. "Occurrence" means:

a. Under Insuring Agreement A.1.:

(1) An individual act;

(2) The combined total of all separate acts whether or not related;

or

(3) A series of acts whether or not

related;

committed by an "employee" acting

alone or in collusion with other per- sons, during the Policy Period shown

in the Declarations, before such Policy Period or both.

b. Under Insuring Agreement A.2.:

(1) An individual act;

(2) The combined total of all separate acts whether or not related;

or

(3) A series of acts whether or not

related;

committed by a person acting alone

or in collusion with other persons, in- volving one or more instruments,

during the Policy Period shown in the

Declarations, before such Policy Period or both.

c. Under All Other Insuring Agree- ments:

(1) An individual act or event;

(2) The combined total of all separate acts or events whether or

not related; or

(3) A series of acts or events

whether or not related;

committed by a person acting alone

or in collusion with other persons, or

not committed by any person, during

the Policy Period shown in the Declarations, before such Policy Period

or both.

15. "Other property" means any tangible

property other than "money" and "securities" that has intrinsic value. "Other prop- erty" does not include computer pro- grams, electronic data or any property

specifically excluded under this insur- ance.

16. "Premises" means the interior of that portion of any building you occupy in con- ducting your business.

17. "Robbery" means the unlawful taking of

property from the care and custody of a

person by one who has:

a. Caused or threatened to cause that

person bodily harm; or

b. Committed an obviously unlawful act

witnessed by that person.

18. "Safe burglary" means the unlawful taking

of:

a. Property from within a locked safe or

vault by a person unlawfully entering

the safe or vault as evidenced by

marks of forcible entry upon its exterior; or

b. A safe or vault from inside the

"premises".

19. "Securities" means negotiable and non- negotiable instruments or contracts representing either "money" or property and

includes:

a. Tokens, tickets, revenue and other

stamps (whether represented by

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actual stamps or unused value in a

meter) in current use; and

b. Evidences of debt issued in connection with credit or charge cards,

which cards are not issued by you;

but does not include "money".

20. "Theft" means the unlawful taking of

property to the deprivation of the Insured.

21. "Transfer account" means an account

maintained by you at a financial institution

from which you can initiate the transfer,

payment or delivery of "funds":

a. By means of electronic, telegraphic,

cable, teletype, telefacsimile or telephone instructions communicated directly through an electronic funds

transfer system; or

b. By means of written instructions

(other than those described in In- suring Agreement A.2.) establishing

the conditions under which such

transfers are to be initiated by such

financial institution through an electronic funds transfer system.

22. "Watchperson" means any person you

retain specifically to have care and custody of property inside the "premises"

and who has no other duties.

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Includes copyrighted material of ISO

CCP 402 02 14 Properties, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CinciPakTM

MEDICAL/DENTAL OFFICE COMMERCIAL CRIME

AMENDATORY ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL CRIME COVERAGE PART

I. Section D. Exclusions, Paragraph 3. is modified by deleting in its entirety subparagraph d. Money 

Operated Devices.

II. Section E. Conditions, 1. Conditions Applicable to All Insuring Agreements, f. Employee Benefit 

Plans, (1) is deleted in its entirety and replaced by the following:

(1) "Employee benefit plans" (hereafter referred to as Plan) are included as Insureds under 

Insuring Agreement A.1.

III. Section F. Definitions is amended by deleting definition 6. "Employee benefit plan" in its entirety and

replacing it with the following:

6. "Employee benefit plan" means any welfare or pension benefit plan that you sponsor and which is

subject to the Employee Retirement Income Security Act of 1974 (ERISA) and any amendments

thereto.

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Includes copyrighted material of Insurance

CA 440 08 07 Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL CRIME COVERAGE FORM

AMENDATORY ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL CRIME COVERAGE FORM

A. It is agreed that E. Conditions, 1. Conditions Applicable to all Insuring Agreements, j. Liberalization

is deleted in its entirety and replaced by the following:

j. Liberalization

If, within 60 days prior to the beginning of this Coverage Part or during the policy period, we make

any changes to any forms or endorsements of this Coverage Part for which there is currently no

separate premium charge, and that change provides more coverage than this Coverage Part, the

change will automatically apply to this Coverage Part as of the latter of:

a. The date we implemented the change in your state; or

b. The date this Coverage Part became effective; and

will be considered as included until the end of the current policy period. We will make no additional

premium charge for this additional coverage during the interim.

B. It is agreed that D. Exclusions, 1. i. Pollution is deleted in its entirety and replaced by the following:

i. Pollutants

Loss or damage caused by or resulting from pollutants. Pollutants mean 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 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 pollutant.

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Includes copyrighted material of Insurance

CA 470 IL 11 16 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES

This endorsement modifies insurance provided under the following:

COMMERCIAL CRIME COVERAGE FORM

CRIME EXPANDED COVERAGE (XC®) COVERAGE FORM (DISCOVERY FORM)

EMPLOYEE THEFT AND FORGERY POLICY

GOVERNMENT CRIME COVERAGE FORM

A. The Cancellation Common Policy Condition or 

the Cancellation of Policy Condition is deleted 

in its entirety and replaced by the following:

1. The first Named Insured shown in the Declarations may cancel this policy by mailing to

us advance written notice of cancellation.

2. Cancellation of Policies in Effect 60 Days 

or Less

a. We may cancel this policy by mailing to 

you written notice stating the reason for 

cancellation.

b. If we cancel for nonpayment of premium, we will mail the notice at least 10 

days prior to the effective date of cancellation. c. If we cancel for a reason other than 

nonpayment of premium, we will mail 

the notice at least:

(1) 30 days prior to the effective date 

of cancellation if the policy has

been in effect for less than 60 

days.

(2) 60 days prior to the effective date 

of cancellation if the policy has

been in effect for more than 60 

days. 3. 60 Days or More

If this policy has been in effect for more than 

60 days, we may cancel only for one or 

more of the following reasons:

a. Nonpayment of premium;

b. The policy was obtained through a material misrepresentation;

c. Any insured has violated any of the 

terms and conditions of the policy;

d. The risk originally accepted has measurably increased;

e. Certification to the Director of Insurance

of the loss of reinsurance by the insurer 

that provided coverage to us for all or a 

substantial part of the underlying risk

insured; or

f. A determination by the Director of Insurance that the continuation of the policy could place us in violation of the insurance laws of this State. 4. Notice of cancellation will state the effective 

date of cancellation. The policy period will 

end on that date. 5. If this policy is cancelled we will send the 

first Named Insured any premium refund 

due. If we or the first Named Insured cancel, 

the refund will be pro rata. The cancellation 

will be effective even if we have not offered 

a refund. B. The following is added and supersedes any other provision to the contrary:

NONRENEWAL

If we decide not to renew or continue this policy, we will mail you and your agent or broker written

notice, stating the reason for nonrenewal, at

least 60 days before the end of the policy period. 

If we offer to renew or continue and you do not

accept, this policy will terminate at the end of the 

current policy period. Failure to pay the required

renewal or continuation premium when due shall

mean that you have not accepted our offer.

If we fail to mail proper written notice of nonrenewal and you obtain other insurance, this policy 

will end on the effective date of that insurance. C. Mailing of Notices

We will mail cancellation and nonrenewal notices

to the last addresses known to us. Proof of mailing will be sufficient proof of notice.

D. Under the Commercial Crime Coverage Form, Commercial Crime Policy, Government Crime

Coverage Form, Government Crime Policy and

Employee Theft And Forgery Policy, the Legal 

Action Against Us Condition is replaced by the 

following:

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LEGAL ACTION AGAINST US

You may not bring any legal action against us involving loss:

1. Unless you have complied with all the terms 

of this insurance; and

2. Until 90 days after you have filed proof of 

loss with us; and

3. Unless brought within 2 years from the date 

you "discover" the loss. But we will extend 

this 2-year period by the number of days between the date proof of loss is filed and the 

date the claim is denied in whole or in part.

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CA 911 08 07

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CRIME AND FIDELITY SCHEDULE OF LOCATIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL CRIME COVERAGE FORM

COMMERCIAL CRIME POLICY

EMPLOYEE THEFT AND FORGERY POLICY

GOVERNMENT CRIME COVERAGE FORM

GOVERNMENT CRIME POLICY

LOC. STREET ADDRESS CITY STATE ZIP CODE

1 545 N RAND RD

LAKE ZURICH, IL 60047-3134

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The Cincinnati Insurance Company

A Stock Insurance Company

DENTIST'S

PROFESSIONAL LIABILITY COVERAGE PART DECLARATIONS

(OCCURRENCE)

Attached to and forming part of POLICY NUMBER: Effective Date

Named Insured is the same as it appears in the Common Policy Declarations unless another entry is made 

here.

ECP 026 96 01 10-14-2017

LIMITS OF INSURANCE

$ Each Dental Incident Limit - COVERAGE A - PROFESSIONAL LIABILITY

$ Any One Person - COVERAGE B - FIRST AID PAYMENTS

$ Aggregate Limit

Who Is Covered Under This Insurance:

Name Code Premium

1,000,000

5,000

3,000,000

SANDY POINT DENTAL PC 80239 INCL

JOHN M MCNERNEY DDS 80227 1,489

SAM CALABRESE DDS 80227 1,711

FORMS AND / OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:

PA128 10/11 DENTIST'S PROFESSIONAL LIABILITY OCCURRENCE COVERAGE FORM

PA206 08/07 MEDICAL WASTE DEFENSE EXPENSES REIMBURSEMENT COVERAGE

PA258 03/16 PATIENT INFORMATION PRIVACY INCIDENT COVERAGE

PA322 03/13 EXCLUSION - GENERAL ANESTHESIA

ILLINOIS CHANGES - DENTIST'S PROFESSIONAL LIABILITY OCCURRENCE 

COVERAGE FORM

PA4150IL 08/07

PA205 11/13 DEPARTMENT OF PROFESSIONAL REGULATION (DPR) COVERAGE

PA 531 10 11 ECP 026 96 01 Page 1 of 1

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Includes copyrighted material of ISO

PA 128 10 11 Properties, Inc., with its permission. Page 1 of 8

DENTIST'S PROFESSIONAL LIABILITY OCCURRENCE

COVERAGE FORM - TABLE OF CONTENTS

Coverage Part Provision: Begins on Page:

Preamble..................................................................................................................................................2

SECTION I - COVERAGES:....................................................................................................................2

COVERAGE A. PROFESSIONAL LIABILITY:.......................................................................................2

1. Insuring Agreement...................................................................................................................2

2. Exclusions: ................................................................................................................................2

a. Aircraft, Auto or Watercraft ...................................................................................................2

b. Asbestos ...............................................................................................................................2

c. Contractual Liability...............................................................................................................2

d. Discrimination........................................................................................................................2

e. Dishonest, Criminal or Malicious Acts ..................................................................................2

f. Employer's Liability ...............................................................................................................2

g. Employment-Related Practices.............................................................................................3

h. Nuclear..................................................................................................................................3

i. Other Operations ..................................................................................................................3

j. Pollutant................................................................................................................................3

k. Sexual Molestation, Misconduct or Assault..........................................................................3

l. War........................................................................................................................................4

m. Workers' Compensation and Similar Laws...........................................................................4

n. Botulinum Toxin or Dermal Fillers ........................................................................................4

3. Supplementary Payments - Coverage A. ...............................................................................4

COVERAGE B. FIRST AID PAYMENTS.................................................................................................4

1. Insuring Agreement...................................................................................................................4

2. Exclusions: ................................................................................................................................5

a. Excluded Under Coverage A. ..............................................................................................5

b. First Aid Services Provided by You ......................................................................................5

c. Workers' Compensation and Similar Laws...........................................................................5

d. Failure to Diagnose...............................................................................................................5

SECTION II - WHO IS AN INSURED.......................................................................................................5

SECTION III - LIMITS OF INSURANCE..................................................................................................5

SECTION IV - CONDITIONS:..................................................................................................................6

1. Bankruptcy...................................................................................................................................6

2. Duties in the Event of Dental Incident, Claim or Suit ..................................................................6

3. Legal Action Against Us ..............................................................................................................6

4. Liberalization ...............................................................................................................................6

5. Multi-Year Policies.......................................................................................................................6

6. Other Insurance...........................................................................................................................6

7. Representations ..........................................................................................................................6

8. Separation of Insureds ................................................................................................................7

9. Transfer of Rights of Recovery Against Others to Us.................................................................7

10. When We Do Not Renew ............................................................................................................7

SECTION V - DEFINITIONS:...................................................................................................................7

1. "Coverage term"..........................................................................................................................7

2. "Coverage territory".....................................................................................................................7

3. "Damages"...................................................................................................................................7

4. "Dental incident"..........................................................................................................................7

5. "Independent contractor".............................................................................................................8

6. "Pollutants"..................................................................................................................................8

7. "Profession or Professional services"..........................................................................................8

8. "Suit"............................................................................................................................................8

9. "Workplace".................................................................................................................................8

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DENTIST'S PROFESSIONAL

LIABILITY OCCURRENCE COVERAGE FORM

Various provisions in this Coverage Part restrict

coverage. Read the entire Coverage Part carefully

to determine rights, duties and what is and what is

not covered. Throughout this Coverage Part 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.

The word "insured" means any person or organization qualifying as such under SECTION II - WHO

IS AN INSURED. Other words and phrases that appear in quotation

marks have special meaning. Refer to SECTION V

- DEFINITIONS. SECTION I - COVERAGES

COVERAGE A. PROFESSIONAL LIABILITY

1. Insuring Agreement

a. We will pay those sums that the insured

becomes legally obligated to pay as

"damages" due to injury caused by a

"dental incident" to which this insurance

applies. We will have the right and duty to

defend the insured against any "suit" seeking those "damages". However, we

will have no duty to defend the insured

against any "suit" seeking "damages" to 

which this insurance does not apply. We 

may, at our discretion, investigate any "dental incident" and, only with your written consent, settle any claim or "suit" that 

may result. But:

(1) The amount we will pay for "damages" is limited as described in 

SECTION III - LIMITS OF INSURANCE; and

(2) Our right and duty to defend ends

when we have used up the applicable limit of insurance in the payment 

of judgments or settlements under

SECTION I - COVERAGES, COVERAGE A. PROFESSIONAL LIABILITY; or first aid expenses under 

SECTION I - COVERAGES, COVERAGE B. FIRST AID PAYMENTS. No other obligation or liability to pay sums 

or perform acts or services is covered

unless expressly provided for under 

SECTION I - COVERAGES, COVERAGE 

A. PROFESSIONAL LIABILITY, Paragraph 3. Supplementary Payments - Coverage A.

b. This insurance applies to injury only if:

(1) The "dental incident" takes place in

the "coverage territory"; and

(2) The earlier of the following first occurs during the "coverage term":

(a) The first injury arising from the "dental incident" occurs; or

(b) The first injury arising from the

"dental incident" begins to occur. 2. Exclusions

This insurance does not apply to:

a. Aircraft, Auto or Watercraft

Injury arising out of the ownership, maintenance, operation, use, entrustment, 

loading or unloading of any motor vehicle, 

trailer, watercraft, or aircraft.

b. Asbestos

Injury arising out of, attributable to, or any 

way related to asbestos in any form or 

transmitted in any manner.

c. Contractual Liability

Any liability for which the insured is obligated to pay "damages" by reason of the

assumption of liability in a contract or 

agreement. However, this exclusion does

not apply to liability for "damages" that the

insured would have in the absence of the

contract or agreement. d. Discrimination

Any liability based upon, arising out of, directly or indirectly resulting from or in 

consequence of, or in any way involving

non-employment related discrimination. e. Dishonest, Criminal or Malicious Acts

Acts, errors, omissions or malpractice of 

any insured that are dishonest, criminal or 

malicious.

f. Employer's Liability

Injury, sickness or disease, including

death, suffered by:

(1) An employee of an insured sustained

in the "workplace";

(2) An employee of an insured arising

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lated to the conduct of the insured's

business; or

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

sister of that employee as a consequence of (1) or (2) above. This exclusion applies:

(1) Whether an insured may be liable as

an employer or in any other capacity;

and

(2) To any obligation to share "damages" 

with or repay someone else who

must pay "damages" because of the 

injury, sickness or disease, including

death. g. Employment-Related Practices

Injury to:

(1) A person arising out of any:

(a) Refusal to employ that person;

(b) Termination of that person's employment; or

(c) Other employment-related practices, policies, acts or omissions

including but not limited to coercion, criticism, demotion, evaluation, failure to promote, reassignment, discipline, defamation,

harassment, humiliation, discrimination or malicious prosecution directed at that person; or

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

sister of that person as a consequence of injury to that person at

whom any of the employment-related

practices described in Paragraphs

(1)(a), (b) or (c) above is directed.

This exclusion applies:

(1) Whether the injury-causing event described in Paragraphs (1)(a), (b) or 

(c) above occurs before employment, 

during employment or after employment of that person;

(2) Whether the insured may be liable as

an employer or in any other capacity;

and

(3) To any obligation to share "damages" 

with or repay someone else who

must pay "damages" because of the 

injury.

h. Nuclear

Any liability based upon, arising out of, directly or indirectly resulting from or in 

consequence of, or in any way involving

the hazardous properties, including radioactive, toxic or explosive properties, of 

any nuclear material. Nuclear material 

means any source material, special nuclear material, or by-product materials as

those terms are defined under the Atomic

Energy Act of 1954 or any amendments

thereto.

i. Other Operations

"Damages" for which the insured may be

held liable as a:

(1) Proprietor, superintendent, executive

officer, stockholder or member of the 

board of directors, trustees or governors of any hospital, sanitarium, clinic

with bed and board facilities, nursing

home; or 

(2) Laboratory; or

(3) Any other business enterprise. Paragraph (2) of this exclusion does not 

apply to work completed for a patient of 

an insured by a laboratory owned and 

operated by you.

j. Pollutant

Loss, injury, cost or expense arising out 

of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or emission of "pollutants", 

including any loss, cost or expense arising out of any:

(1) Request, demand, order or statutory 

or regulatory requirement that any insured or others test for, monitor, 

clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or

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

governmental authority for "damages" because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or 

assessing the effects of, "pollutants". k. Sexual Molestation, Misconduct or Assault

Any claim made against an insured for 

any act of sexual molestation, sexual 

misconduct or sexual assault. However, we will defend any civil "suit" against an

insured seeking "damages" which would

be covered if this exclusion did not apply. 

In such case, we will pay only the fees, costs and expenses of such defense

unless:

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(1) The insured is convicted of a criminal 

offense arising from the alleged act

of sexual molestation, sexual misconduct or sexual assault;

(2) The insured pleads guilty or no contest to a criminal charge or charges

arising from the alleged act of sexual 

molestation, sexual misconduct or

sexual assault;

(3) The insured admits to their personal 

participation in or condoning of the 

alleged act of sexual molestation, sexual misconduct or sexual assault; 

or

(4) The insured's personal participation

in or condoning of the alleged act of 

sexual molestation, sexual misconduct or sexual assault is determined 

to have occurred by a court of competent jurisdiction in a civil action, at which point our duty to defend the insured or pay "damages" on behalf of the 

insured shall cease.

l. War

Injury, however caused, arising, directly 

or indirectly, out of:

(1) War, including undeclared or civil

war;

(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign

or other authority using military personnel or other agents; or

(3) Insurrection, rebellion, revolution, usurped power, or action taken by 

governmental authority in hindering

or defending against any of these.

m. Workers' Compensation and Similar

Laws

Any obligation of the insured under a

workers' compensation, disability benefits

or unemployment compensation law or 

any similar law.

n. Botulinum Toxin or Dermal Fillers

"Damages" arising or resulting from any 

cosmetic dermal procedures including

botulinum toxins, hyaluronic acid products, collagen injections, dermabrasions, dermal fillers, or any other similar or related procedures.

3. Supplementary Payments - Coverage A.

We will pay with respect to any claim we investigate or settle or any "suit" against an insured we defend:

a. All expenses we incur. b. All reasonable expenses incurred by the

insured at our request to assist us in the 

investigation or defense of the claim or "suit", including actual loss of earnings up

to $500 a day because of time off from 

work. c. The cost of bonds to release attachments 

but only for bond amounts within the applicable limit of insurance. We do not 

have to furnish these bonds. d. All court costs taxed against the insured 

in the "suit". However, these payments do

not include attorneys' fees or attorneys' 

expenses taxed against the insured. e. All interest on the full amount of any 

judgment that accrues after entry of the 

judgment and before we have paid, offered to pay, or deposited in court the part 

of the judgment that is within the applicable limit of insurance.

These payments will not reduce the limits of

insurance. COVERAGE B. FIRST AID PAYMENTS

1. Insuring Agreement

a. We will pay first aid expenses as described in Paragraph b. below that result

from physical injury to a person that occurs immediately while an insured is

physically rendering "professional services" to that person, provided that:

(1) The injury takes place in the "coverage territory" and during the policy 

period;

(2) The expenses are incurred and reported to us within one year of the 

date of the injury; and

(3) The injured person submits to examination, at our expense, by physicians of our choice as often as we

reasonably require.

b. We will make these payments regardless

of fault. These payments will not exceed 

the applicable Limits of Insurance. We will

pay reasonable first aid expenses for:

(1) First aid administered at the time of 

the injury;

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(2) Necessary medical, surgical, x-ray 

and dental services, including prosthetic devices; and

(3) Necessary ambulance, hospital, professional nursing and funeral services. c. We will make these payments only with 

your consent.

2. Exclusions

We will not pay for first aid expenses:

a. Excluded Under Coverage A.

Resulting from liability excluded under 

COVERAGE A. PROFESSIONAL LIABILITY. b. First Aid Services Provided by You

Resulting from first aid services provided

by you, any insured or anyone else you

have contracted with to provide such services. c. Workers' Compensation and Similar

Laws

To a person, whether or not an employee

of the insured, if benefits for the injury are 

payable or must be provided under a 

workers' compensation or disability benefits law or a similar law.

d. Failure to Diagnose

Resulting from the failure to diagnose or 

treat any condition. SECTION II - WHO IS AN INSURED

1. Each individual designated in the Who Is Covered Under This Insurance section of the Dentist's Professional Liability Coverage Part Declarations is an insured. 2. The following entities, if listed in the Who Is 

Covered Under This Insurance section of the 

Dentist's Professional Liability Coverage Part 

Declarations, are insured to the extent set 

forth below:

a. A partnership or joint venture, including its

members or partners, but only with respect to the conduct of your business;

b. A limited liability company, including its

members and managers. However:

(1) Members are insureds only with respect to the conduct of your business; and

(2) Managers are insureds only with respect to their duties as your managers; and

c. An organization other than a partnership, 

joint venture or limited liability company,

including:

(1) Its executive officers and directors, but only with respect to their duties

as your executive officers or directors; and

(2) Its stockholders, but only with respect

to their liability as stockholders, but only for the acts, errors, omissions or malpractice of others. However, none of the foregoing are insureds with respect to "professional services" they furnish or which are furnished by a person under their personal direction, control or supervision.

3. The legal representative of an insured who

dies is an insured, but only with respect to duties as such. That representative will have all 

rights and duties under this Coverage Part.

4. The employees and "independent contractor" 

dental hygienists and dental assistants of 

those insureds described in Paragraphs 1. or

2. above, but only while acting within the

scope of their duties as such and only with respect to "professional services" performed on 

behalf of an insured described in Paragraphs 

1. or 2. above. However, employed or "independent contractor" physicians, nurse anesthetists or dentists 

are not insureds.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that

is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE

1. The Limits of Insurance shown in the Dentist's 

Professional Liability Declarations and the 

rules below fix the most we will pay regardless 

of the number of:

a. Claims made or "suits" brought; or

b. Persons or organizations making claims 

or bringing "suits".

2. Subject to 3. below, the Each Dental Incident 

Limit is the most we will pay for the sum of:

a. "Damages" under COVERAGE A; and

b. First Aid expenses under COVERAGE B;

arising out of any one "dental incident". 3. The Aggregate Limit is the most we will pay 

for the sum of:

a. "Damages" under COVERAGE A; and

b. First Aid expenses under COVERAGE B;

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for all claims or "suits" to which this insurance 

applies. 4. Subject to 2. above, the First Aid Expenses

Limit is the most we will pay under COVERAGE B. for all first aid expenses because of 

injury sustained by any one person. 5. The Limits of Insurance as described in Paragraphs 1., 2. and 3. of SECTION III - LIMITS

OF INSURANCE apply separately to each insured. However, only one Each Dental Incident Limit and one Aggregate Limit shall apply 

collectively to all insureds described in SECTION II - WHO IS AN INSURED, Paragraph 2.

6. The Limits of Insurance of this Coverage Part 

apply separately to each "coverage term". SECTION IV - CONDITIONS

1. Bankruptcy

Bankruptcy or insolvency of an insured or of

an insured's estate will not relieve us of our

obligations under this Coverage Part.

2. Duties in the Event of Dental Incident, 

Claim or Suit

a. You must see to it that we are notified

promptly of every "dental incident" which

may result in a claim. Notice should include:

(1) How, when and where the "dental incident" took place; and

(2) The names and addresses of any injured persons and witnesses. b. If a claim is made or "suit" is brought 

against any insured, you must see to it 

that we receive prompt written notice of 

the claim or "suit". c. You and any other involved insured must:

(1) Immediately send us copies of any 

demands, notices, summonses, or 

legal papers received in connection

with the claim or "suit";

(2) Authorize us to obtain records and 

other information;

(3) Cooperate with us in the investigation

or settlement of the claim or defense 

against the "suit"; and

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

enforcement of any right against any 

person or organization which may be

liable to the insured because of injury, sickness or disease to which 

this insurance may also apply.

d. No insureds will, except at that insured's

own cost, voluntarily make a payment,

assume any obligation, or incur any expense without our written consent. 3. Legal Action Against Us

No person or organization has a right under

this Coverage Part:

a. To join us as a party or otherwise bring us

into a "suit" asking for "damages" from an 

insured; or

b. To sue us on this Coverage Part unless

all of its terms have been fully complied 

with.

A person or organization may sue us to recover on an agreed settlement or on a final 

judgment against an insured; but we will not 

be liable for "damages" that are not payable

under the terms of this Coverage Part or that 

are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the 

insured and the claimant or the claimant's legal representative.

4. Liberalization

If, within 60 days prior to the beginning of this 

Coverage Part or during the "coverage term", we make any changes to any forms or endorsements of this Coverage Part for which 

there is currently no separate premium 

charge, and that change provides more coverage than this Coverage Part, the change will 

automatically apply to this insurance as of the 

latter of:

a. The date we implemented the change in

your state; or

b. The date this insurance became effective; 

and

will be considered as included until the end of 

the current Policy Period. We will make no 

additional premium charge for this additional 

coverage during the interim. 5. Multi-Year Policies

If this Coverage Part is issued for more than 

one year, the premium shall be computed annually based on our rates or premiums in effect at each anniversary.

6. Other Insurance

This insurance is excess over, and shall not 

contribute with any other insurance, whether 

primary, excess, contingent or on any other 

basis. This condition will not apply to insurance specifically written as excess over this

Coverage Part.

7. Representations

By accepting this Coverage Part, you agree:

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a. The statements in the Dentist's Professional Liability Declarations are accurate 

and complete;

b. Those statements are based upon representations you made to us; and

c. We have issued this Coverage Part in reliance upon your representations. 8. Separation of Insureds

Except with respect to any rights or duties

specifically assigned in this Coverage Part to

the first Named Insured, this insurance applies:

a. As if each insured were the only insured; 

and

b. Separately to each insured against whom 

claim is made or "suit" is brought.

9. Transfer of Rights of Recovery Against 

Others to Us

If the insured has rights to recover all or part

of any payment we have made under this 

Coverage Part, those rights are transferred to 

us. The insured must do nothing after loss to 

impair them. At our request, the insured will 

bring "suit" or transfer those rights to us and

help us enforce them.

10. When We Do Not Renew

If we decide not to renew this Coverage Part, 

we will mail or deliver to the first Named Insured shown in the Declarations written notice 

of the nonrenewal not less than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V - DEFINITIONS

1. "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 AM 

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 AM standard time at your mailing 

address shown in the Declarations on the

earlier of:

(1) The date 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".

2. "Coverage territory" means anywhere in the 

world provided the original claim or "suit" for

such "damages" or first aid expenses is

brought within the United States of America, 

its territories or possessions, Puerto Rico or 

Canada.

3. "Damages" means monetary compensation 

payable because of an injury, sickness or disease, including death, to which this insurance 

applies. 4. "Dental incident":

a. Means any act, error, omission or malpractice arising out of the providing of or 

failing to provide "professional services" by:

(1) An insured;

(2) An employee of an insured;

(3) Any person acting under an insured's

personal direction, control or supervision;

(4) Any person for whose acts an insured is legally liable; or

(5) An insured while acting as an instructor of dentistry or as a member of a 

formal dental accreditation, standards review or similar professional

board or committee; and

b. For purposes of determining what we will

pay under this coverage:

(1) All injury resulting from a series of 

acts or omissions in rendering "professional services" to one person; or

(2) All injury occurring while an insured

is acting as an instructor of dentistry 

or as a member of a formal dental 

accreditation, standards review or 

similar professional board or committee in connection with a single person or organization; or

(3) All injury arising out of or in connection with the continuous or repeated

exposure to substantially the same 

conditions,

shall be considered as arising from one "dental incident" regardless of the time 

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frame over which such "dental incidents" or injury occur. A "dental incident" shall 

be deemed to have occurred in the "coverage term" in which the earliest "dental

incident" occurred.

5. "Independent contractor" means a natural 

person who provides "professional services" 

on your behalf. 6. "Pollutants" means any solid, liquid, gaseous 

or thermal irritant or contaminant, including 

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

chemicals, petroleum, petroleum products 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 persons, property or the environment regardless of whether the injury or 

damage is caused directly or indirectly by the "pollutants" and whether:

a. The insured is regularly or otherwise engaged in activities which taint or degrade 

the environment; or

b. The insured uses, generates or produces

the "pollutant". 7. "Profession" or "Professional services" means 

the practice of:

a. Dentistry by a duly licensed dentist;

b. Dental hygiene by a duly licensed dental 

hygienist; 

c. Dental assisting by a duly licensed dental 

assistant;

d. Dental consulting by a licensed dentist; or

e. Rendering an opinion as a dental expert 

by a licensed dentist when retained to examine human remains, as prescribed by the applicable statutes and 

licensing laws of the jurisdictions which the insured practices. 8. "Suit" means a civil proceeding in which "damages" to which this insurance applies are 

alleged. "Suit" includes:

a. An arbitration proceeding in which "damages" are claimed and to which the insured must submit or does submit with

our consent;

b. Any other alternative dispute resolution

proceeding in which such "damages" are 

claimed and to which the insured submits

with our consent; or

c. An appeal of a civil proceeding. 9. "Workplace" means that place and during 

such hours to which the employee sustaining 

injury was assigned by you, or any other person or entity acting on your behalf, to work on 

the date the injury was suffered.

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PA 206 08 07

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MEDICAL WASTE DEFENSE EXPENSES

REIMBURSEMENT COVERAGE

This endorsement modifies insurance provided under the following:

DENTIST'S PROFESSIONAL LIABILITY OCCURRENCE COVERAGE FORM

SCHEDULE

Limit of Insurance: $50,000 "Defense Expenses"

A. SECTION I - COVERAGES is amended to 

include the following:

COVERAGE D. MEDICAL WASTE DEFENSE 

EXPENSES REIMBURSEMENT

1. Insuring Agreement

We will reimburse you for the "defense 

expenses" you incur as a result of a "civil 

suit" alleging you violated a law or regulation governing the disposal of medical 

waste. This coverage applies only to a "civil suit" which is brought against you 

during the policy period. We have no right 

or duty to defend you for any such "civil 

suit".

No other obligation or liability to pay sums

or perform acts or services is covered.

2. Exclusions

This insurance does not apply to:

a. Any incident that is insured under another provision which forms a part of

this policy or any other policy in which

it is more specifically described. b. A "civil suit" arising from any incident 

that took place prior to the effective 

date of this policy.

B. SECTION III - LIMITS OF INSURANCE is deleted in its entirety and replaced by the following with respect only to the insurance coverage afforded under this endorsement:

1. The Limit of Insurance stated in the 

Schedule of this endorsement and the 

rules below fix the most we will pay regardless of the number of:

a. Insureds;

b. "Civil suits" brought; or

c. Persons or organizations bringing "civil suits". 2. The "Defense Expenses" Limit of Insurance stated in the Schedule of this endorsement is the most we will reimburse 

for the sum of all "civil suits" to which this

insurance applies. 3. The Limit of Insurance provided under this

endorsement applies separately to each "coverage term".

C. SECTION IV - CONDITIONS is amended to 

include the following:

Duties in the Event of Civil Suit

You must see to it that we are notified in writing as soon as practicable that a "civil suit" to 

which this insurance applies has been brought 

against you. Notice should include:

a. How, when and where the incident that 

resulted in a "civil suit" took place; and

b. Copies of notices or other legal papers

received in connection with the "civil suit". D. SECTION V - DEFINITIONS is amended to

include:

1. "Civil suit" means a civil proceeding 

brought against you by a federal or state 

environmental protection agency to which 

this insurance applies. 2. "Defense expenses" means necessary

and reasonable legal fees, costs and expenses incurred by you as a result of an 

investigation, defense and appeal of a "civil suit". "Defense expenses" shall not 

include your remuneration or overhead 

expenses.

All other terms and conditions of this policy remain unchanged.

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PA 258 03 16 Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PATIENT INFORMATION PRIVACY INCIDENT COVERAGE

This endorsement modifies insurance provided under the following:

DENTIST PROFESSIONAL LIABILITY COVERAGE FORM

DENTIST PROFESSIONAL LIABILITY COVERAGE FORM CLAIMS-MADE

SCHEDULE

Information Privacy Incident Limit: $25,000

1. For this endorsement only, SECTION I - COVERAGE, 1. Insuring Agreement, Paragraph a. is amended to include the following:

We will pay on your behalf "defense expenses" and "damages" you are legally obligated to pay

for an "information privacy incident". 

2. For this endorsement only, the last paragraph 

of SECTION III - LIMITS OF INSURANCE is

amended to include the following:

The amount shown in the Schedule for Information Privacy Incident Limit on this endorsement is the most we will pay for all 

claims arising out of a single "information privacy incident". The Information Privacy Incident Limit provided under this endorsement

applies separately to each "coverage term". 3. For this endorsement only, SECTION IV - CONDITIONS is amended as follows:

Condition 2. Duties of the Insured in the

Event of a Dental Incident, Claim or Suit is

amended to include the following:

You must see to it that we are notified promptly in writing of every claim made, investigation 

or disciplinary proceeding brought against you 

alleging an "information privacy incident" to

which this insurance applies. All other provisions of the Duties in the Event of a Dental 

Incident, Claim or Suit Condition apply. 4. For this endorsement only, SECTION V - DEFINITIONS is amended to include the following:

a. "Defense expenses" means fees, costs or 

expenses incurred by us or by you, including reasonable fees charged by an attorney retained by you, with our written consent, to defend you in a civil investigation

or disciplinary proceeding arising out of an "information privacy incident".

b. "Information privacy incident" means an 

act, error or omission by you which results

in a breach or violation of U.S. federal 

and/or state statutes and regulations in 

connection with the care, custody and 

control of personal identifying financial or 

medical information of your patients in the 

scope of your "professional health care 

services". The laws for which breaches or 

violations are intended to be covered by 

this endorsement include, but are not limited to:

(1) The Health Insurance Portability & 

Accountability Act of 1996 (HIPAA) 

including any amendments;

(2) The Gramm-Leach-Bliley Act of 1999 

(GLB) including any amendments; 

and

(3) State laws directly related to privacy

protection of patients. 5. For this endorsement only, SECTION V - DEFINITIONS, "Profession" or "Professional services" is amended to include the following:

"Profession" or "Professional services" means

the practice of:

f. Maintaining the confidentiality and security

of personal identifying financial or medical 

information of your patients in conformance with U.S. federal and/or state statutes and regulations.

"Profession" or "Professional services" also includes services performed by any person as a:

a. Member of a formal accreditation, standards review or equivalent professional 

board or committee of the Named Insured; or

b. Person charged with executing the directives of such board or committee. Any such act or omission together with all related acts or omissions in the furnishing of 

such services to any one person shall be considered one "information privacy incident". 6. For this endorsement only, SECTION V - DEFINITIONS, "Damages" is deleted in its entirety 

and replaced by the following:

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PA 258 03 16 Page 2 of 2

"Damages" means all monetary damages, including civil fines or penalties, which are payable because of injury to which this Coverage 

Part applies.

Damages do not include:

a. Criminal fines or penalties imposed by

law;

b. Punitive or exemplary damages, the multiplied portion of multiplied damages;

c. Any amount for which you are not financially liable; or

d. Any award that is uninsurable under the 

law governing this Coverage Part.

All other terms and conditions of this Coverage Part remain unchanged.

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PA 322 03 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - GENERAL ANESTHESIA

This endorsement modifies insurance provided under the following:

DENTIST'S PROFESSIONAL LIABILITY OCCURRENCE COVERAGE FORM

SECTION I - COVERAGES, COVERAGE A. PROFESSIONAL LIABILITY, 2. Exclusions is amended to 

include the following:

This insurance does not apply to:

Any liability for "damages" arising out of the use of general anesthesia or deep sedation, unless the general

anesthesia or deep sedation is administered:

1. By a person other than an insured that is certified and accredited in the administration of general 

anesthesia; and

2. In facilities and with equipment, personnel, processes and procedures meeting all applicable regulatory or 

statutory requirements.

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PA 4150 IL 08 07 Properties, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - DENTIST'S PROFESSIONAL LIABILITY

OCCURRENCE COVERAGE FORM

This endorsement modifies insurance provided under the following:

DENTIST'S PROFESSIONAL LIABILITY OCCURRENCE COVERAGE FORM

A. SECTION I - COVERAGE, 2. Exclusions, a. Abuse or Molestation and j. Pollutant are

deleted in their entirety and replaced by the 

following:

a. Abuse or Molestation

With respect to any person who actively 

participates in any actual, alleged or 

threatened abuse or molestation of any 

person, this insurance does not apply to:

Any liability based upon, arising out of, directly or indirectly resulting from or in consequence of, or in any way involving any 

actual, alleged or threatened abuse or 

molestation of any person.

j. Pollutant

Injury arising out of the actual, alleged or 

threatened discharge, dispersal, seepage, migration, release, escape or emission of "pollutants" at any time except injury arising out of heat, smoke or fumes

from a hostile fire. Hostile fire means one 

which becomes uncontrollable or breaks

out from where it was intended to be. B. SECTION IV - CONDITIONS, 6. Other Insur- ance is deleted in its entirety and replaced by 

the following:

6. Other Insurance

If other valid and collectible insurance is 

available to the insured for a loss we 

cover under this Coverage Part our obligations are limited.

If all of the other insurance permits contribution by equal shares, we will follow 

this method also. Under this approach 

each insurer contributes equal amounts

until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other 

insurance does not permit contribution by 

equal shares, we will contribute by limits. Under this method, each insurer's share

is based on the ratio of its applicable limit 

of insurance to the total applicable limits

of insurance of all insurers.

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PA 205 11 13 Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEPARTMENT OF PROFESSIONAL REGULATION (DPR)

COVERAGE

This endorsement modifies insurance provided under the following:

DENTIST'S PROFESSIONAL LIABILITY OCCURRENCE COVERAGE FORM

Schedule

Limits of Insurance

Each Investigation $ 25,000

Aggregate $ 75,000

A. SECTION I - COVERAGES is amended to 

include the following:

COVERAGE C. DEPARTMENT OF PRO- FESSIONAL REGULATION (DPR) INVESTIGATIONS

1. Insuring Agreement

a. We will pay "investigation expenses"

incurred by an insured who becomes 

the subject of a Department of Professional Regulation (DPR), or a 

similar state regulatory board, investigation. However, the amount we will 

pay for "investigation expenses" is

limited as described in Section B. of 

this endorsement.

b. This insurance applies to an investigation, as described in Paragraph 

1.a. above, only if the investigation is

commenced due to a "dental incident" that is insured under COVERAGE A. PROFESSIONAL LIABILITY

of this Coverage Part.

No other obligation or liability to pay sums

or perform acts or services is covered.

2. Exclusions

This insurance does not apply to "investigation expenses" incurred:

a. Medicare or Medicaid 

To defend an insured for any issues

related to Medicare and/or Medicaid

billing, including, but not limited to, allegations of billing errors or fraudulent billing.

b. Suspension or Revocation of License

Due to the suspension or revocation 

of an insured's license.

B. SECTION III - LIMITS OF INSURANCE is deleted in its entirety and replaced by the following with respect only to the insurance coverage afforded under this endorsement:

1. The Limits of Insurance shown in the 

Schedule of this endorsement and the 

rules below fix the most we will pay regardless of the number of:

a. Insureds;

b. Investigations commenced; or

c. Persons or organizations commencing investigations. 2. Subject to 3. below, the Each Investigation Limit is the most we will pay for the 

sum of "investigation expenses" under 

COVERAGE C. arising out of any one investigation. 3. The Aggregate Limit is the most we will 

pay for the sum of "investigation expenses" under COVERAGE C. for all investigations to which this insurance applies. The Limits of Insurance provided under this 

endorsement apply separately to each "coverage term".

C. SECTION IV - CONDITIONS is amended to

include the following:

Duties in the Event of a Department of Professional Regulation (DPR) Investigation

You, and any other involved insured, must see 

to it that we receive written notice of any DPR

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PA 205 11 13 Page 2 of 2

investigation within 30 days after you, or any

other insured, have received notice of a DPR 

investigation.

D. SECTION V - DEFINITIONS is amended to 

include the following:

"Investigation expenses" means: 

a. Reasonable fees, costs and expenses

charged by attorneys or arbitrators for a

Department of Professional Regulation 

(DPR), or similar state regulatory board, 

investigation brought against an insured;

b. All other reasonable and necessary fees, costs and expenses resulting from the investigation; and

c. Up to $500 per day for actual loss of earnings suffered by the insured under investigation because of time off from work

while attending a Department of Professional Regulation (DPR), or similar state 

regulatory board, hearing.

"Investigation expenses" shall not include:

(1) Payments made under SECTION I - COVERAGES, COVERAGE A., Paragraph 3. Supplementary Payments

- Coverage A.;

(2) Salary charges of regular "employ- ees" or officials of ours or fees and 

expenses of independent adjusters;

(3) Salaries, loss of earnings, reimbursement for the insured's time or 

attendance required in any investigation except as provided in Paragraph 

c. above;

(4) Other remuneration by or to any insured; or

(5) Fines or penalties resulting from a 

Department of Professional Regulation (DPR), or similar state regulatory 

board, investigation.

All other terms and conditions of this policy remain unchanged.

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THE CINCINNATI INSURANCE COMPANY

CINCINNATI, OHIO

BUSINESS AUTO COVERAGE PART DECLARATIONS

ITEM ONE

Attached to and forming part of POLICY NUMBER:

Named Insured is the same as it appears in the Common Policy Declarations.

ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS

This coverage part provides only those coverages where a premium or "incl" is shown in the premium column below. 

The limit of Insurance for each coverage listed is subject to all applicable policy provisions. Each of these coverages 

will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular

coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto

Coverage Form next to the name of the coverage.

COVERAGES

COVERED AUTOS

(Entry of one or more 

of the symbols from the

COVERED AUTOS 

Section of the Business

Auto Coverage Form

shows which autos are

covered autos)

LIMIT

THE MOST WE WILL PAY FOR ANY ONE

ACCIDENT OR LOSS

 PREMIUM

LIABILITY $

PERSONAL INJURYPROTECTION

(or equivalent No-fault coverage)

Separately stated in each P.I.P.

endorsement minus $ Ded. ADDED PERSONAL INJURY

PROTECTION (or equivalent

added No-fault coverage)

Separately stated in each added P.I.P.

endorsement

PROPERTY PROTECTION

INSURANCE (Michigan only)

Separately stated in each P. P.I.

endorsement minus $ Ded

for each accident

AUTO. MEDICAL PAYMENTS

$

UNINSURED MOTORISTS

$

UNDERINSURED MOTORISTS

(When not included in

Uninsured Motorists Coverage)

$

PHYSICAL DAMAGE

COMPREHENSIVE COVERAGE

Actual cash value or cost of repair, Whichever is less minus $

Ded. For each covered auto. But no

Deductible applies to loss caused by

Fire or lightning. See Item Three for hired or

borrowed "autos"

PHYSICAL DAMAGE SPECIFIED

CAUSES OF LOSS COVERAGE

Actual cash value or cost of repair, Whichever is less minus $ Ded. For

Each covered auto. For loss caused by mischief 

or vandalism. See Item Three for hired or

borrowed "autos"

PHYSICAL DAMAGE

COLLISION COVERAGE

Actual cash value or cost of repair, Whichever is less minus $

Ded for each covered auto. See Item

Three for hired or borrowed "autos". PHYSICAL DAMAGEINSURANCE

TOWING AND LABOR $ for each disablement of a

private passenger auto

PREMIUM FOR ENDORSEMENTS

*ESTIMATED TOTAL PREMIUM

EBA 026 96 01

8, 9 2,000,000 INCL

8, 9

2,000,000 INCL

8, 9

SEE AA4183 INCL

8

SEE AA4183

 INCL

8 SEE AA4183 INCL

 INCL

FORMS AND ENDORSEMENTS CONTAINED IN THIS COVERAGE PART AT ITS INCEPTION:

AA4183 02/06 AUTOMOBILE SCHEDULE

AA101 03/06 BUSINESS AUTO COVERAGE FORM

AA2009 01/17 CHANGES - TOWING AND LABOR

AA296 07/12 CHANGES - AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE

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FORMS AND ENDORSEMENTS CONTAINED IN THIS COVERAGE PART AT ITS INCEPTION:

AA4044IL 01/15 ILLINOIS UNINSURED MOTORISTS COVERAGE

AA4045IL 11/08 ILLINOIS UNDERINSURED MOTORISTS COVERAGE

AA4136IL 01/15 ILLINOIS CHANGES

SUPPLEMENTARY SCHEDULE FOR BUSINESS AUTO--ITEMS FOUR, FIVE, AND 

SIX

AA4231 08/08

AA4263IL 04/10 OFFICE OF FOREIGN ASSETS CONTROL (OFAC) COMPLIANCE ENDORSEMENT

CA0270 08/94 ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

* This policy may be subject to final audit

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QUICK REFERENCE

COMMERCIAL AUTO COVERAGE PART

BUSINESS AUTO COVERAGE FORM

READ YOUR POLICY CAREFULLY

DECLARATIONS PAGES

Named Insured and Mailing Address

Policy Period

Description of Business

Coverages and Limits of Insurance

SECTION I - COVERED AUTOS Beginning on Page

Description of Covered Auto Designation Symbols.............................................................................1

Owned Autos You Acquire After the Policy Begins .............................................................................1

Certain Trailers, Mobile Equipment and

Temporary Substitute Autos............................................................................................................... 2

SECTION II- LIABILITY COVERAGE

Coverage............................................................................................................................................ 2

Who is an Insured .............................................................................................................................. 2

Coverage Extensions

Supplementary Payments........................................................................................................... 2

Out of State................................................................................................................................. 3

Exclusions.......................................................................................................................................... 3

Limit of Insurance............................................................................................................................... 5

SECTION III - PHYSICAL DAMAGE COVERAGE

Coverage............................................................................................................................................ 7

Exclusions.......................................................................................................................................... 7

Limit of Insurance............................................................................................................................... 8

Deductible............................................................................................................................................8

SECTION IV - BUSINESS AUTO CONDITIONS

Loss Conditions

Appraisal for Physical Damage Loss .......................................................................................... 9

Duties in the Event of Accident, Claim, Suit or Loss................................................................... 9

Legal Action Against Us..............................................................................................................9

Loss Payment - Physical Damage Coverages............................................................................ 9

Transfer of Rights of Recovery Against Others to Us............................................................... 10

General Conditions

Bankruptcy................................................................................................................................ 10

Concealment, Misrepresentation or Fraud................................................................................ 10

Liberalization ............................................................................................................................. 10

No Benefit to Bailee - Physical Damage Coverages................................................................. 10

Other Insurance ........................................................................................................................ 10

Premium Audit........................................................................................................................... 10

Policy Period, Coverage Territory ............................................................................................. 10

Two or More Coverage Forms or Policies Issued by Us........................................................... 11

SECTION V - DEFINITIONS ................................................................................................................... 11

COMMON POLICY CONDITIONS

Cancellation

Changes

Examination of Your Books and Records

Inspections and Surveys

Premiums

Transfer of Your Rights and Duties under this Policy

ENDORSEMENTS (If Any)

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AUTOMOBILE SCHEDULE

ITEM

Attached to and forming a part of Policy Number , effective

The insurance afforded for any automobile is only with respects to such and so many of the coverages as are

indicated by specific premium charge or charges indicated.

POLICY LIMITS

State: 

Bodily Injury: Property Damage:

THREE

EBA 026 96 01 10-14-2017

IL

2,000,000 CSL INCLUDED

UM/UIM: 2,000,000

Veh.

No. Vehicle Information

BI P COLL

: ory

PD O

Coll 

Clas Te

M TC UM

Ded:

s rrit

N/A

INCL

OTC-COMP DED: N/A

INCL N/A N/A

HIRED AND NON-OWNED

INCL N/A

TOTAL

INCL

BI P COLL

: ory

PD O

Coll 

Clas Te

M TC UM

Ded:

s rrit

OTC-COMP DED: 250 500

54

HIRED AUTO PHYSICAL DAMAGE LIMIT: 40,000

81

TOTAL

135

SYMBOLS:

BI -- Bodily Injury SPEC -- Specified Perils

PD -- Property Damage COLL -- Collision

MP -- Medical Payments UM -- Uninsured Motorists

OTC -- Other Than Collision (ACV Coverage applies UIM -- Underinsured Motorists

unless Stated Amount Value is indicated) PIP -- Personal Injury Protection

CAC -- Combined Additional Coverage T&L -- Towing and Labor Costs

FT&S -- Fire, Theft, and Supplemental RR -- Rental Reimbursement

AA 4183 02 06 Page 1 of 1

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BUSINESS AUTO 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 V - DEFINITIONS. SECTION I - COVERED AUTOS

ITEM TWO of the Declarations shows the "autos"

that are covered "autos" for each of your cover- ages. The following numerical symbols describe

the "autos" that may be covered "autos". The

symbols entered next to a coverage on the Declarations designate the only "autos" that are covered

"autos".

A. Description of Covered Auto Designation

Symbols

SYMBOL DESCRIPTION

1 = ANY "AUTO".

2 = OWNED "AUTOS" ONLY. Only those

"autos" you own (and for Liability Cover- age any "trailers" you don't own while attached to power units you own). This in- cludes those "autos" you acquire owner- ship of after the policy begins.

3 = OWNED PRIVATE PASSENGER

"AUTOS" ONLY. Only the private pas- senger "autos" you own. This includes

those private passenger "autos" you ac- quire ownership of after the policy begins.

4 = OWNED "AUTOS" OTHER THAN PRI- VATE PASSENGER "AUTOS" ONLY.

Only those "autos" you own that are not

of the private passenger type (and for Li- ability Coverage any "trailers" you don't

own while attached to power units you

own). This includes those "autos" not of

the private passenger type you acquire

ownership of after the policy begins.

5 = OWNED "AUTOS" SUBJECT TO NOFAULT. Only those "autos" you own that

are required to have No-Fault benefits in

the state where they are licensed or prin- cipally garaged. This includes those

"autos" you acquire ownership of after

the policy begins provided they are re- quired to have No-Fault benefits in the

state where they are licensed or princi- pally garaged.

6 = OWNED "AUTOS" SUBJECT TO A

COMPULSORY UNINSURED MOTORISTS LAW. Only those "autos" you own

that because of the law in the state where

they are licensed or principally garaged

are required to have and cannot reject

Uninsured Motorists Coverage. This in- cludes those "autos" you acquire owner- ship of after the policy begins provided

they are subject to the same state unin- sured motorists requirement.

7 = SPECIFICALLY DESCRIBED "AUTOS".

Only those "autos" described in ITEM

THREE of the Declarations for which a

premium charge is shown (and for Liability Coverage any "trailers" you don't own

while attached to a power unit described

in ITEM THREE).

8 = HIRED "AUTOS" ONLY. Only those

"autos" you lease, hire, rent or borrow.

This does not include any "auto" you

lease, hire, rent, or borrow from any of

your "employees" or partners (if you are a

partnership), members (if you are a limited liability company) or members of their

households.

9 = NONOWNED "AUTOS" ONLY. Only

those "autos" you do not own, lease, hire,

rent or borrow that are used in connection with your business. This includes

"autos" owned by your "employees",

partners (if you are a partnership), mem- bers (if you are a limited liability com- pany), or members of their households

but only while used in your business or

your personal affairs.

B. Owned Autos You Acquire After the Policy

Begins

1. If Symbols 1, 2, 3, 4, 5, or 6 are entered

next to a coverage in ITEM TWO of the

Declarations, then you have coverage for

"autos" that you acquire of the type de- scribed for the remainder of the policy period.

2. But, if Symbol 7 is entered next to a cov- erage in ITEM TWO of the Declarations,

an "auto" you acquire will be a covered

"auto" for that coverage only if:

a. We already cover all "autos" that you

own for that coverage or it replaces

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an "auto" you previously owned that

had that coverage; and

b. You tell us within 30 days after you

acquire it that you want us to cover it

for that coverage.

C. Certain Trailers, Mobile Equipment and

Temporary Substitute Autos

If Liability Coverage is provided by this Cov- erage Form, the following types of vehicles

are also covered "autos" for Liability Cover- age:

1. "Trailers" with a load capacity of 2,000

pounds or less designed primarily for

travel on public roads.

2. "Mobile equipment" while being carried or

towed by a covered "auto".

3. Any "auto" you do not own while used

with the permission of its owner as a

temporary substitute for a covered "auto"

you own that is out of service because of

its:

a. Breakdown;

b. Repair;

c. Servicing;

d. "Loss"; or

e. Destruction.

SECTION II - LIABILITY COVERAGE

A. Coverage

We will pay all sums an "insured" legally must

pay as damages because of "bodily injury" or

"property damage" to which this insurance

applies, caused by an "accident" and resulting

from the ownership, maintenance or use of a

covered "auto".

We will also pay all sums an "insured" legally

must pay as a "covered pollution cost or ex- pense" to which this insurance applies,

caused by an "accident" and resulting from

the ownership, maintenance or use of cov- ered "autos". However, we will only pay for the

"covered pollution cost or expense" if there is

either "bodily injury" or "property damage" to

which this insurance applies that is caused by

the same "accident".

We have the right and duty to defend any "in- sured" against a "suit" asking for such dam- ages or a "covered pollution cost or expense".

However, we have no duty to defend any "in- sured" against a "suit" seeking damages for

"bodily injury" or "property damage" or a "cov- ered pollution cost or expense" to which this

insurance does not apply. We may investigate

and settle any claim or "suit" as we consider

appropriate. Our duty to defend or settle ends

when the Liability Coverage Limit of Insurance

has been exhausted by payment of judg- ments or settlements.

1. Who is an Insured

The following are "insureds":

a. You for any covered "auto".

b. Anyone else while using with your

permission a covered "auto" you

own, hire or borrow except:

(1) The owner or anyone else from

whom you hire or borrow a covered "auto". This exception does

not apply if the covered "auto" is

a "trailer" connected to a cov- ered "auto" you own.

(2) Your "employee" if the covered

"auto" is owned by that "em- ployee" or a member of his or

her household.

(3) Someone using a covered

"auto" while he or she is working

in a business of selling, servicing, repairing, parking or storing

"autos" unless that business is

yours.

(4) Anyone other than your "em- ployees", partners (if you are a

partnership), members (if you

are a limited liability company),

or a lessee or borrower or any of

their "employees", while moving

property to or from a covered

"auto".

(5) A partner (if you are a partner- ship), or a member (if you are a

limited liability company), for a

covered "auto" owned by him or

her or a member of his or her

household.

c. Anyone liable for the conduct of an

"insured" described above but only

to the extent of that liability.

2. Coverage Extensions

a. Supplementary Payments

We will pay for the "insured":

(1) All expenses we incur.

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

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quired because of an "accident"

we cover. We do not have to

furnish these bonds.

(3) The cost of bonds to release

attachments in any "suit" against

the "insured" we defend, but

only for bond amounts within our

Limit of Insurance.

(4) All reasonable expenses in- curred by the "insured" at our

request, including actual loss of

earnings up to $250 a day be- cause of time off from work.

(5) All costs taxed against the "in- sured" in any "suit" against the

"insured" we defend.

(6) All interest on the full amount of

any judgment that accrues after

entry of the judgment in any

"suit" against the "insured" we

defend, but our duty to pay interest ends when we have paid,

offered to pay or deposited in

court the part of the judgment

that is within our Limit of Insur- ance.

These payments will not reduce the

Limit of Insurance.

b. Out-of-State Coverage Extensions

While a covered "auto" is away from

the state where it is licensed we will:

(1) Increase the Limit of Insurance

for Liability Coverage to meet

the limits specified by a compul- sory or financial responsibility

law of the jurisdiction where the

covered "auto" is being used.

This extension does not apply to

the limit or limits specified by

any law governing motor carri- ers of passengers or property.

(2) Provide the minimum amounts

and types of other coverages,

such as no-fault, required of outof-state vehicles by the jurisdiction where the covered "auto" is

being used.

We will not pay anyone more than

once for the same elements of loss

because of these extensions.

B. Exclusions

This insurance does not apply to any of the

following:

1. Expected or Intended Injury

"Bodily injury" or "property damage"

which may reasonably be expected to re- sult from the intentional or criminal acts of

the "insured" or which is in fact expected

or intended by the "insured", even if the

injury or damage is of a different degree

or type than actually expected or intended. This exclusion does not apply to

"bodily injury" resulting from the use of

reasonable force to protect persons or

property.

2. Contractual

Liability assumed under any contract or

agreement.

But this exclusion does not apply to liability for damages:

a. Assumed in a contract or agreement

that is an "insured contract" provided

the "bodily injury" or "property dam- age" occurs subsequent to the exe- cution of the contract or agreement;

or

b. That the "insured" would have in the

absence of the contract or agree- ment.

3. Workers' Compensation

Any obligation for which the "insured" or

the "insured's" insurer may be held liable

under any workers' compensation, dis- ability benefits or unemployment com- pensation law or any similar law.

4. Employee Indemnification and Em- ployer's Liability

"Bodily injury" to:

a. An "employee" of the "insured" sustained in the "workplace";

b. An "employee" of the "insured" arising out of the performance of duties

related to the conduct of the "in- sured's" business; or

c. The spouse, child, parent, brother or

sister of that "employee" as a conse- quence of Paragraph a. or b. above.

This Exclusion applies:

(1) Whether the "insured" may be

liable as an employer or in any

other capacity; and

(2) To any obligation to share dam- ages with or repay someone

else who must pay damages

because of the injury.

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But this exclusion does not apply to "bodily injury" to domestic "employees" not

entitled to workers' compensation benefits or to liability assumed by the "insured"

under an "insured contract" other than a

contract or agreement with a labor leasing firm. For the purposes of the Cover- age Form, a domestic "employee" is a

person engaged in household or domestic work performed principally in connection with a residence premises.

5. Fellow Employee

"Bodily injury" to any fellow "employee" of

the "insured" arising out of and in the

course of the fellow "employee's" em- ployment or while performing duties related to the conduct of your business.

6. Care, Custody or Control

"Property damage" to or "covered pollution cost or expense" involving property

owned or transported by the "insured" or

in the "insured's" care, custody or control.

But this exclusion does not apply to liability assumed under a sidetrack agree- ment.

7. Handling of Property

"Bodily injury" or "property damage" re- sulting from the handling of property:

a. Before it is moved from the place

where it is accepted by the "insured"

for movement into or onto the cov- ered "auto"; or

b. After it is moved from the covered

"auto" to the place where it is finally

delivered by the "insured".

8. Movement of Property by Mechanical

Device

"Bodily injury" or "property damage" re- sulting from the movement of property by

a mechanical device (other than a hand

truck) unless the device is attached to the

covered "auto".

9. Operations

"Bodily injury" or "property damage" arising out of the operation of:

a. Any equipment listed in Paragraphs

6.b. and 6.c. of the definition of "mo- bile equipment"; or

b. Machinery or equipment that is on,

attached to, or part of, a land vehicle

that would qualify under the definition

of "mobile equipment" if it were not

subject to a compulsory or financial

responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged.

10. Completed Operations

"Bodily injury" or "property damage" arising out of your work after that work has

been completed or abandoned.

In this exclusion, your work means:

a. Work or operations performed by

you or on your behalf; and

b. Materials, parts or equipment fur- nished in connection with such work

or operations.

Your work includes warranties or repre- sentations made at any time with respect

to the fitness, quality, durability or performance of any of the items included in

Paragraphs a. or b. above.

Your work will be deemed completed at

the earliest of the following times:

(1) When all of the work called for in

your contract has been com- pleted.

(2) When all of the work to be done

at the site has been completed if

your contract calls for work at

more than one site.

(3) When that part of the work done

at a job site has been put to its

intended use by any person or

organization other than another

contractor or subcontractor

working on the same project.

Work that may need service, mainte- nance, correction, repair or replacement,

but which is otherwise complete, will be

treated as completed.

11. Pollutant

"Bodily injury" or "property damage" arising out of the actual, alleged or threat- ened discharge, dispersal, seepage, mi- gration, release, escape or emission of

"pollutants":

a. That are, or that are contained in any

property that is:

(1) Being transported or towed by,

handled, or handled for move- ment into, onto or from, the cov- ered "auto";

(2) Otherwise in the course of tran- sit by or on behalf of the "in- sured"; or

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(3) Being stored, disposed of,

treated or processed in or upon

the covered "auto";

b. Before the "pollutants" or any prop- erty in which the "pollutants" are

contained are moved from the place

where they are accepted by the "in- sured" for movement into or onto the

covered "auto"; or

c. After the "pollutants" or any property

in which the "pollutants" are contained are moved from the covered

"auto" to the place where they are fi- nally delivered, disposed of or aban- doned by the "insured".

Paragraph a. of this exclusion does not

apply to fuels, lubricants, fluids, exhaust

gases or other similar "pollutants" that are

needed for or result from the normal

electrical, hydraulic or mechanical functioning of the covered "auto" or its parts,

if:

(1) The "pollutants" escape, seep,

migrate, or are discharged, dis- persed or released directly from

an "auto" part designed by its

manufacturer to hold, store, re- ceive or dispose of such "pollut- ants"; and

(2) The "bodily injury", "property

damage" or "covered pollution

cost or expense" does not arise

out of the operation of any

equipment listed in Paragraphs

6.b. and 6.c. of the definition of

"mobile equipment".

However, this exception to Paragraph a.

does not apply if the fuels, lubricants, fluids, exhaust gases or other similar "pollutants" are intentionally discharged, dis- persed or released.

Paragraphs b. and c. of this exclusion do

not apply to "accidents" that occur away

from premises owned by or rented to an

"insured" with respect to "pollutants" not

in or upon a covered "auto" if:

(1) The "pollutants" or any property

in which the "pollutants" are

contained are upset, overturned

or damaged as a result of the

maintenance or use of a cov- ered "auto"; and

(2) The discharge, dispersal, seep- age, migration, release, emis- sion or escape of the "pollut- ants" is caused directly by such

upset, overturn or damage.

d. At or from any premises, site or location on which any insured or any

contractors or subcontractors working directly or indirectly on any in- sured's behalf are performing operations:

(1) If the "pollutants" are brought on

or to the premises, site or location in connection with such op- erations by such "insured", contractor or subcontractor; or

(2) If the operations are to test for,

monitor, clean up, remove,

contain, treat, detoxify or neutralize, or in any way respond to,

or assess the effects of "pollut- ants".

Subparagraph d.(1) does not apply to

"bodily injury" or "property damage" arising out of the escape of fuels, lubricants

or other operating fluids which are

needed to perform the normal electrical,

hydraulic or mechanical functions neces- sary for the operation of "mobile equip- ment" or its parts, if such fuels, lubricants

or other operating fluids escape from a

vehicle part designed to hold, store or re- ceive them. This exception does not ap- ply if the fuels, lubricants or other operating fluids are intentionally discharged,

dispersed or released, or if such fuels, lu- bricants or other operating fluids are

brought on or to the premises, site or lo- cation with the intent to be discharged,

dispersed or released as part of the op- erations being performed by such "in- sured", contractor or subcontractor. 12. War

"Bodily injury" or "property damage" arising directly or indirectly out of:

a. War, including undeclared or civil

war;

b. Warlike action by a military force, in- cluding action in hindering or defending against an actual or ex- pected attack, by any government,

sovereign or other authority using

military personnel or other agents; or

c. Insurrection, rebellion, revolution,

usurped power, or action taken by

governmental authority in hindering

or defending against any of these.

13. Racing

Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while

practicing for such contest or activity. This

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insurance also does not apply while that

covered "auto" is being prepared for such

a contest or activity.

C. Limit of Insurance

Regardless of the number of covered "autos",

"insureds", premiums paid, claims made or

vehicles involved in the "accident", the most

we will pay for the total of all damages and

"covered pollution cost or expense" com- bined, resulting from any one "accident" is the

Limit of Insurance for Liability Coverage

shown in the Declarations.

All "bodily injury", "property damage" and

"covered pollution cost or expense" resulting

from continuous or repeated exposure to sub- stantially the same conditions will be consid- ered as resulting from one "accident".

No one will be entitled to receive duplicate

payments for the same elements of "loss" un- der this Coverage Form and any Medical

Payments Coverage endorsement, Uninsured

Motorists Coverage endorsement or Underin- sured Motorists Coverage endorsement attached to this Coverage Part.

D. Mobile Equipment Subject to Motor Vehicle

Insurance Laws

As respects SECTION II - LIABILITY COV- ERAGE any land vehicle, which would qualify

as "mobile equipment", except that it is subject to a compulsory or financial responsibility

law or other motor vehicle insurance law

where it is licensed or principally garaged, is

considered a covered "auto" under SECTION

II - LIABILITY COVERAGE, irrespective of the

Auto Designation Symbols shown for SEC- TION II - LIABILITY COVERAGE in the Declarations.

SECTION III - PHYSICAL DAMAGE COVERAGE

A. Coverage

1. We will pay for "loss" to a covered "auto"

or its equipment under:

a. Comprehensive Coverage

From any cause except:

(1) The covered "auto's" collision

with another object; or

(2) The covered "auto's" overturn.

b. Specified Causes of Loss Cover- age

Caused by:

(1) Fire, lightning or explosion;

(2) Theft;

(3) Windstorm, hail or earthquake;

(4) Flood;

(5) Mischief or vandalism; or

(6) The sinking, burning, collision or

derailment of any conveyance

transporting the covered "auto".

c. Collision Coverage

Caused by:

(1) The covered "auto's" collision

with another object; or

(2) The covered "auto's" overturn.

2. Towing

We will pay up to the limit shown in the

Declarations for towing and labor costs

incurred each time a covered "auto" of

the private passenger type is disabled.

However, the labor must be performed at

the place of disablement.

3. Glass Breakage - Hitting a Bird or

Animal - Falling Objects or Missiles

If you carry Comprehensive Coverage for

the damaged covered "auto", we will pay

for the following under Comprehensive

Coverage:

a. Glass breakage;

b. "Loss" caused by hitting a bird or

animal; and

c. "Loss" caused by falling objects or

missiles.

However, you have the option of having

glass breakage caused by a covered

"auto's" collision or overturn considered a

"loss" under Collision Coverage.

4. Coverage Extensions

a. Transportation Expenses

We will also pay up to $20 per day to

a maximum of $600 for temporary

transportation expense incurred by

you because of the total theft of a

covered "auto" of the private pas- senger type. We will pay only for

those covered "autos" for which you

carry either Comprehensive or

Specified Causes of Loss Coverage.

We will pay for temporary transportation expenses incurred during the

period beginning 48 hours after the

theft and ending, regardless of the

policy's expiration, when the covered

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"auto" is returned to use or we pay

for its "loss".

b. Loss of Use Expenses

For Hired Auto Physical Damage, we

will pay expenses for which an "in- sured" becomes legally responsible

to pay for loss of use of a vehicle

rented or hired without a driver, un- der a written rental contract or

agreement. We will pay for loss of

use expenses if caused by:

(1) Other than collision only if the

Declarations indicate that Com- prehensive Coverage is pro- vided for any covered "auto";

(2) Specified Causes of Loss only if

the Declarations indicate that

Specified Causes of Loss Cov- erage is provided for any cov- ered "auto"; or

(3) Collision only if the Declarations

indicate that Collision Coverage

is provided for any covered

"auto".

However, the most we will pay for

any expenses for loss of use is $20

per day, to a maximum of $600.

B. Exclusions

1. We will not pay for "loss" caused by or

resulting from any of the following. Such

"loss" is excluded regardless of any other

cause or event that contributes concurrently or in any sequence to the "loss".

a. Nuclear Hazard

(1) The explosion of any weapon

employing atomic fission or fu- sion; or

(2) Nuclear reaction or radiation, or

radioactive contamination, how- ever caused.

b. War or 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

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

taken by governmental authority

in hindering or defending

against any of these.

2. We will not pay for "loss" to any covered

"auto" while used in any professional or

organized racing or demolition contest or

stunting activity, or while practicing for

such contest or activity. We will also not

pay for "loss" to any covered "auto" while

that covered "auto" is being prepared for

such a contest or activity.

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

resulting from any of the following unless

caused by other "loss" that is covered by

this insurance:

a. Wear and tear, freezing, mechanical

or electrical breakdown; or

b. Blowouts, punctures or other road

damage to tires.

4. We will not pay for "loss" to any of the

following:

a. Tapes, records, discs or other similar

audio, visual or data electronic de- vices designed for use with audio,

visual or data electronic equipment.

b. Any device designed or used to detect speed measuring equipment

such as radar or laser detectors and

any jamming apparatus intended to

elude or disrupt speed measurement

equipment.

c. Any electronic equipment, without

regard to whether this equipment is

permanently installed, that receives

or transmits audio, visual or data

signals and that is not designed

solely for the reproduction of sound.

d. Any accessories used with the electronic equipment described in Para- graph c. above.

Exclusions 4.c. and 4.d. do not apply to:

a. Equipment designed solely for the

reproduction of sound and accessories used with such equipment, pro- vided such equipment is perma- nently installed in the covered "auto"

at the time of the "loss" or such

equipment is removable from a

housing unit which is permanently

installed in the covered "auto" at the

time of the "loss", and such equip- ment is designed to be solely oper- ated by use of the power from the

"auto's" electrical system, in or upon

the covered "auto"; or

b. Any other electronic equipment that

is:

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(1) Necessary for the normal op- eration of the covered "auto" or

the monitoring of the covered

"auto's" operating system; or

(2) An integral part of the same unit

housing any sound reproducing

equipment described in Para- graph a. above and permanently

installed in the opening of the

dash or console of the covered

"auto" normally used by the

manufacturer for installation of a

radio.

5. We will not pay for "loss" to a covered

"auto" due to "diminution in value".

C. Limit of Insurance

1. The most we will pay for "loss" in any one

"accident" is the lesser of:

a. The actual cash value of the dam- aged or stolen property as of the

time of the "loss"; or

b. The cost of repairing or replacing the

damaged or stolen property with

other property of like kind and quality.

2. An adjustment for depreciation and

physical condition will be made in deter- mining actual cash value in the event of a

total "loss".

3. If a repair or replacement results in better

than like kind or quality, we will not pay

for the amount of the betterment.

D. Deductible

For each covered "auto", our obligation to pay

for, repair, return or replace damaged or stolen property will be reduced by the applicable

deductible shown in the Declarations. Any

Comprehensive Coverage deductible shown

in the Declarations does not apply to "loss"

caused by fire or lightning.

SECTION IV - BUSINESS AUTO CONDITIONS

The following conditions apply in addition to the

Common Policy Conditions:

A. Loss Conditions

1. Appraisal for Physical Damage Loss

If you and we disagree on the amount of

"loss", either may demand an appraisal of

the "loss". In this event, each party will

select a competent appraiser. The two

appraisers will select a competent and

impartial umpire. The appraisers will state

separately the actual cash value 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 ap- praisal and umpire equally.

If we submit to an appraisal, we will still

retain our right to deny the claim.

2. Duties in the Event of Accident, Claim,

Suit or Loss

We have no duty to provide coverage

under this policy unless there has been

full compliance with the following duties:

a. In the event of "accident", claim,

"suit" or "loss", you must give us or

our authorized representative prompt

notice of the "accident" or "loss". In- clude:

(1) How, when and where the "ac- cident" or "loss" occurred;

(2) The "insured's" name and ad- dress; and

(3) To the extent possible, the

names and addresses of any

injured persons and witnesses.

b. Additionally, you and any other in- volved "insured" must:

(1) Assume no obligation, make no

payment or incur no expense

without our consent, except at

the "insured's" own cost.

(2) Immediately send us copies of

any request, demand, order, notice, summons or legal paper

received concerning the claim or

"suit".

(3) Cooperate with us in the investi- gation or settlement of the claim

or defense against the "suit".

(4) Authorize us to obtain medical

records or other pertinent infor- mation.

(5) Submit to examination, at our

expense, by physicians of our

choice, as often as we reasona- bly require.

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c. If there is "loss" to a covered "auto"

or its equipment you must also do

the following:

(1) Promptly notify the police if the

covered "auto" or any of its

equipment is stolen.

(2) Take all reasonable steps to

protect the covered "auto" from

further damage. Also keep a re- cord of your expenses for con- sideration in the settlement of

the claim.

(3) Permit us to inspect the covered

"auto" and records proving the

"loss" before its repair or dispo- sition.

(4) Agree to examinations under

oath at our request and give us

a signed statement of your an- swers.

3. Legal Action Against Us

No one may bring a legal action against

us under this Coverage Form until:

a. There has been full compliance with

all the terms of this Coverage Form;

and

b. Under Liability Coverage, we agree

in writing that the "insured" has an

obligation to pay or until the amount

of that obligation has finally been

determined by judgment after trial.

No one has the right under this policy to bring us into an action to determine the "insured's" liability.

4. Loss Payment - Physical Damage

Coverages

At our option we may:

a. Pay for, repair or replace damaged

or stolen property;

b. Return the stolen property, at our

expense. We will pay for any dam- age that results to the "auto" from the

theft; or

c. Take all or any part of the damaged

or stolen property at an agreed or

appraised value.

If we pay for the "loss", our payment will

include the applicable sales tax for the

damaged or stolen property.

5. Transfer of Rights of Recovery Against

Others to Us

If any person or organization to or for

whom we make payment under this Coverage Form has rights to recover dam- ages from another, those rights are

transferred to us. That person or organi- zation must do everything necessary to

secure our rights and must do nothing

after "accident" or "loss" to impair them.

B. General Conditions

1. Bankruptcy

Bankruptcy or insolvency of the "insured"

or the "insured's" estate will not relieve us

of any obligations under this Coverage

Form.

2. Concealment, Misrepresentation or

Fraud

This Coverage Form is void in any case

of fraud by you at any time as it relates to

this Coverage Form. It is also void if you

or any other "insured", at any time, intentionally conceal or misrepresent a material fact concerning:

a. This Coverage Form;

b. The covered "auto";

c. Your interest in the covered "auto";

or

d. A claim under this Coverage Form.

3. Liberalization

If within 60 days prior to the beginning of

this Coverage Part or during the policy

period, we make any changes to any

forms or endorsements of this Coverage

Part for which there is currently no separate premium charge, and that change

provides more coverage than this Cover- age Part, the change will automatically

apply to this Coverage Part as of the latter of:

a. The date we implemented the

change in your state; or

b. The date this Coverage Part became

effective; and

will be considered as included until the

end of the current policy period. We will

make no additional premium charge for

this additional coverage during the interim.

4. No Benefit to Bailee - Physical Damage

Coverages

We will not recognize any assignment or

grant any coverage for the benefit of any

person or organization holding, storing or

transporting property for a fee regardless

of any other provision of this Coverage

Form.

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5. Other Insurance

a. For any covered "auto" you own, this

Coverage Form provides primary in- surance. For any covered "auto" you

don't own, the insurance provided by

this Coverage Form is excess over

any other collectible insurance.

However, while a covered "auto"

which is a "trailer" is connected to

another vehicle, the Liability Cover- age this Coverage Form provides for

the "trailer" is:

(1) Excess while it is connected to a

motor vehicle you do not own.

(2) Primary while it is connected to

a covered "auto" you own.

b. For Hired Auto Physical Damage

Coverage, any covered "auto" you

lease, hire, rent or borrow is deemed

to be a covered "auto" you own.

However, any "auto" that is leased,

hired, rented or borrowed with a

driver is not a covered "auto".

c. Regardless of the provisions of

Paragraph a. above, this Coverage

Form's Liability Coverage is primary

for any liability assumed under an

"insured contract".

d. When this Coverage Form and any

other Coverage Form or policy cov- ers on the same basis, either excess

or primary, we will pay only our

share. Our share is the proportion

that the Limit of Insurance of our

Coverage Form bears to the total of

the limits of all the Coverage Forms

and policies covering on the same

basis.

6. Premium Audit

a. The estimated premium for this Cov- erage Form is based on the expo- sures you told us you would have

when this policy began. We will

compute the final premium due when

we determine your actual exposures.

The estimated total premium will be

credited against the final premium

due and the first Named Insured will

be billed for the balance, if any. The

due date for the final premium or retrospective premium is the date

shown as the due date on the bill. If

the estimated total premium exceeds

the final premium due, the first

Named Insured will get a refund.

b. If this policy is issued for more than

one year, the premium for this Cov- erage Form will be computed annu- ally based on our rates or premiums

in effect at the beginning of each

year of the policy.

7. Policy Period, Coverage Territory

Under this Coverage Form, we cover

"accidents" and "losses" occurring:

a. During the Policy Period shown in

the Declarations; and

b. Within the coverage territory.

The coverage territory is:

a. The United States of America;

b. The territories and possessions of

the United States of America;

c. Puerto Rico;

d. Canada; and

e. Anywhere in the world if:

(1) A covered "auto" of the private

passenger type is leased, hired,

rented or borrowed without a

driver for a period of 30 days or

less; and

(2) The "insured's" responsibility to

pay damages is determined in a

"suit" on the merits, in the United

States of America, the territories

and possessions of the United

States of America, Puerto Rico,

or Canada or in a settlement we

agree to.

We also cover "loss" to, or "accidents" in- volving, a covered "auto" while being

transported between any of these places.

8. Two or More Coverage Forms or Poli- cies Issued by Us

If this Coverage Form and any other

Coverage Form or policy issued to you by

us or any company affiliated with us apply

to the same "accident", the aggregate

maximum Limit of Insurance under all the

Coverage Forms or policies shall not ex- ceed the highest applicable Limit of In- surance under any one Coverage Form

or policy. This condition does not apply to

any Coverage Form or policy issued by

us or an affiliated company specifically to

apply as excess insurance over this Cov- erage Form.

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SECTION V - DEFINITIONS

A. "Accident" includes continuous or repeated

exposure to the same conditions resulting in

"bodily injury" or "property damage".

B. "Auto" means:

1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads;

or

2. Any other land vehicle that is subject to a

compulsory or financial responsibility law

or other motor vehicle insurance law

where it is licensed or principally garaged.

However, "auto" does not include "mobile

equipment".

C. "Bodily injury" means bodily injury, sickness or

disease sustained by a person including

death resulting from any of these.

D. "Covered pollution cost or expense" means

any cost or expense arising out of:

1. Any request, demand, order or statutory

or regulatory requirement that the "in- sured" or others test for, monitor, clean

up, remove, contain, treat, detoxify or

neutralize, or in any way respond to, or

assess the effects of "pollutants"; or

2. Any claim or "suit" by or on behalf of a

governmental authority for damages be- cause of testing for, monitoring, cleaning

up, removing, containing, treating, detoxifying or neutralizing, or in any way re- sponding to, or assessing the effects of

"pollutants".

"Covered pollution cost or expense" does not

include any cost or expense arising out of the

actual, alleged or threatened discharge, dis- persal, seepage, migration, release, escape

or emission of "pollutants":

a. That are, or that are contained in any

property that is:

(1) Being transported or towed by,

handled, or handled for move- ment into, onto or from the cov- ered "auto";

(2) Otherwise in the course of tran- sit by or on behalf of the "in- sured";

(3) Being stored, disposed of,

treated or processed in or upon

the covered "auto"; or

b. Before the "pollutants" or any prop- erty in which the "pollutants" are

contained are moved from the place

where they are accepted by the "in- sured" for movement into or onto the

covered "auto"; or

c. After the "pollutants" or any property

in which the "pollutants" are contained are moved from the covered

"auto" to the place where they are fi- nally delivered, disposed of or aban- doned by the "insured".

Paragraph a. above does not apply to fu- els, lubricants, fluids, exhaust gases or

other similar "pollutants" that are needed

for or result from the normal electrical,

hydraulic or mechanical functioning of the

covered "auto" or its parts, if:

(1) The "pollutants" escape, seep,

migrate, or are discharged, dis- persed or released directly from

an "auto" part designed by its

manufacturer to hold, store, re- ceive or dispose of such "pollut- ants"; and

(2) The "bodily injury", "property

damage" or "covered pollution

cost or expense" does not arise

out of the operation of any

equipment listed in Paragraphs

6.b. or 6.c. of the definition of

"mobile equipment".

Paragraphs b. and c. above do not apply

to "accidents" that occur away from

premises owned by or rented to an "in- sured" with respect to "pollutants" not in

or upon a covered "auto" if:

(1) The "pollutants" or any property

in which the "pollutants" are

contained are upset, overturned

or damaged as a result of the

maintenance or use of a cov- ered "auto"; and

(2) The discharge, dispersal, seep- age, migration, release, escape

or emission of the "pollutants" is

caused directly by such upset,

overturn or damage.

E. "Diminution in value" means the actual or per- ceived loss in market value or resale value

which results from a direct and accidental

"loss".

F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary

worker".

G. "Insured" means any person or organization

qualifying as an insured in the Who is an In- sured provision of the applicable coverage.

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Except with respect to the Limit of Insurance,

the coverage afforded applies separately to

each insured who is seeking coverage or

against whom a claim or "suit" is brought.

H. "Insured contract":

1. Means:

a. A lease of premises;

b. A sidetrack agreement;

c. An easement or license agreement,

except in connection with construction or demolition operations on or

within 50 feet of a railroad;

d. An obligation, as required by ordi- nance, to indemnify a municipality,

except in connection with work for a

municipality;

e. That part of any other contract or

agreement pertaining to your busi- ness (including an indemnification of

a municipality in connection with

work performed for a municipality)

under which you assume the tort li- ability of another to pay for "bodily

injury" or "property damage" to a

third party or organization. Tort liability means a liability that would be im- posed by law in the absence of any

contract or agreement;

f. That part of any other contract or

agreement entered into, as part of

your business, pertaining to the

rental or lease, by you or any of your

"employees", of any "auto". How- ever, such contract or agreement

shall not be considered an "insured

contract" to the extent that it obli- gates you or any of your "employ- ees" to pay for "property damage" to

any "auto" rented or leased by you

or any of your "employees".

2. Does not include that part of any contract

or agreement:

a. That indemnifies a railroad for "bodily

injury" or "property damage" arising

out of construction or demolition op- erations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road

beds, tunnel, underpass or crossing;

or

b. That pertains to the loan, lease or

rental of an "auto" to you or any of

your "employees", if the "auto" is

loaned, leased or rented with a

driver; or

c. That holds a person or organization

engaged in the business of trans- porting property by "auto" for hire

harmless for your use of a covered

"auto" over a route or territory that

person or organization is authorized

to serve by public authority.

I. "Leased worker" means a person leased to

you by a labor leasing firm under an agree- ment between you and the labor leasing firm,

to perform duties related to the conduct of

your business. "Leased worker" includes su- pervisors furnished to you by the labor leasing

firm. "Leased worker" does not include a

"temporary worker".

J. "Loss" means direct and accidental loss or

damage.

K. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment:

1. Bulldozers, farm machinery, forklifts and

other vehicles designed for use princi- pally off public roads;

2. Vehicles maintained for use solely on or

next to premises you own or rent;

3. Vehicles that travel on crawler treads;

4. Vehicles, whether self-propelled or not,

maintained primarily to provide mobility to

permanently mounted:

a. Power cranes, shovels, loaders, dig- gers or drills; or

b. Road construction or resurfacing

equipment such as graders, scrap- ers or rollers.

5. Vehicles not described in Paragraphs 1.,

2., 3., or 4. above that are not selfpropelled and are maintained primarily to

provide mobility to permanently attached

equipment of the following types:

a. Air compressors, pumps and gen- erators, including spraying, welding,

building cleaning, geophysical exploration, lighting and well servicing

equipment; or

b. Cherry pickers and similar devices

used to raise or lower workers.

6. Vehicles not described in Paragraphs 1.,

2., 3., or 4. above maintained primarily for

purposes other than the transportation of

persons or cargo. However, selfpropelled vehicles with the following

types of permanently attached equipment

are not "mobile equipment" but will be

considered "autos":

a. Equipment designed primarily for:

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(1) Snow removal;

(2) Road maintenance, but not con- struction or resurfacing; or

(3) Street cleaning;

b. Cherry pickers and similar devices

mounted on automobile or truck

chassis and used to raise or lower

workers; and

c. Air compressors, pumps and gen- erators, including spraying, welding,

building cleaning, geophysical exploration, lighting or well servicing

equipment.

However, "mobile equipment" does not in- clude land vehicles that are subject to a com- pulsory or financial responsibility law or other

motor vehicle insurance law where it is li- censed or principally garaged. Land vehicles

subject to a compulsory or financial responsi- bility law or other motor vehicle insurance law

are considered "autos".

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

or thermal irritant or contaminant, including

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

chemicals, petroleum, petroleum products

and their by-products, and waste. Waste in- cludes materials to be recycled, reconditioned

or reclaimed. "Pollutants" include but are not

limited to substances which are generally rec- ognized in industry 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:

1. The "insured" is regularly or otherwise

engaged in activities which taint or de- grade the environment; or

2. The "insured" uses, generates or pro- duces the "pollutant".

M. "Property damage" means damage to or loss

of use of tangible property.

N. "Suit" means a civil proceeding in which:

1. Damages because of "bodily injury" or

"property damage"; or

2. A "covered pollution cost or expense",

to which this insurance applies, are alleged.

"Suit" includes:

a. An arbitration proceeding in which

such damages or "covered pollution

costs or expenses" are claimed and

to which the "insured" must submit or

does submit with our consent; or

b. Any other alternative dispute resolution proceeding in which such dam- ages or "covered pollution costs or

expenses" are claimed and to which

the insured submits with our con- sent.

O. "Temporary worker" means a person who is

furnished to you to substitute for a permanent

"employee" on leave or to meet seasonal or

short-term workload conditions.

P. "Trailer" includes semitrailer.

Q. "Workplace" means that place and during

such hours to which the "employee" sustaining "bodily injury" was assigned by you, or

any other person or entity acting on your be- half, to work on the date of the "accident".

NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT

(Broad Form)

1. The insurance does not apply:

A. Under any Liability Coverage, to "bodily

injury" or "property damage":

(1) With respect to which an "insured"

under the policy is also an "insured"

under a nuclear energy liability policy

issued by Nuclear Energy Liability

Insurance Association, Mutual

Atomic Energy Liability Underwriters

or Nuclear Insurance Association of

Canada, or would be an "insured"

under any such policy but for its ter- mination upon exhaustion of its limit

of liability; or

(2) Resulting from the "hazardous prop- erties" of "nuclear material" and with

respect to which (a) any person or

organization is required to maintain

financial protection pursuant to the

Atomic Energy Act of 1954, or any

law amendatory thereof, or (b) the

"insured" is, or had this policy not

been issued would be, entitled to in- demnity from the United States of

America, or any agency thereof, un- der any agreement entered into by

the United States of America, or any

agency thereof, with any person or

organization.

B. Under any Medical Payments coverage,

to expenses incurred with respect to

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ous properties" of "nuclear facility" by any

person or organization.

C. Under any Liability Coverage, to "bodily

injury" or "property damage" resulting

from the "hazardous properties" of "nu- clear material", if:

(1) The "nuclear material" (a) is at any

"nuclear facility" owned by, or oper- ated by or on behalf of, an "insured"

or (b) has been discharged or dis- persed therefrom;

(2) The "nuclear material" is contained in

"spent fuel" or "waste" at any time

possessed, handled, used, proc- essed, stored, transported or dis- posed of by or on behalf of an "in- sured"; or

(3) The "bodily injury" or "property dam- age" arises out of the furnishing by

an "insured" of services, materials,

parts or equipment in connection

with the planning, construction,

maintenance, operation or use of

any "nuclear facility", but if such fa- cility is located within the United

States of America, its territories or

possessions or Canada, this Exclu- sion (3) applies only to "property

damage" to such "nuclear facility"

and any property thereat.

2. As used in this endorsement:

"Hazardous properties" include radioactive,

toxic or explosive properties;

"Nuclear material" means "source material",

"special nuclear material" or "byproduct material";

"Source material", "special nuclear material",

and "byproduct material" have the meanings

given them in the Atomic Energy Act of 1954

or in any law amendatory thereof;

"Spent fuel" means any fuel element or fuel

component, solid or liquid, which has been

used or exposed to radiation in a "nuclear re- actor";

"Waste" means any waste material (a) containing "byproduct material" other than the

tailings or wastes produced by the extraction

or concentration of uranium or thorium from

any ore processed primarily for its "source

material" content, and (b) resulting from the

operation by any person or organization of

any "nuclear facility" included under the first

two paragraphs of the definition of "nuclear

facility".

"Nuclear facility" means:

(a) Any "nuclear reactor";

(b) Any equipment or device designed or

used for (1) separating the isotopes of

uranium or plutonium, (2) processing or

utilizing "spent fuel", or (3) handling,

processing or packaging "waste";

(c) Any equipment or device used for the

processing, fabricating or alloying of

"special nuclear material" if at any time

the total amount of such material in the

custody of the "insured" at the premises

where such equipment or device is lo- cated consists of or contains more than

25 grams of plutonium or uranium 233 or

any combination thereof, or more than

250 grams of uranium 235;

(d) Any structure, basin, excavation, premises or place prepared or used for the

storage or disposal of "waste";

and includes the site on which any of the foregoing

is located, all operations conducted on such site

and all premises used for such operations:

"Nuclear reactor" means any apparatus designed

or used to sustain nuclear fission in a selfsupporting chain reaction or to contain a critical

mass of fissionable material;

"Property damage" includes all forms of radioactive contamination of property.

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AA 2009 01 17

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CHANGES - TOWING AND LABOR

This endorsement modifies insurance provided by the following:

BUSINESS AUTO COVERAGE FORM

With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless 

modified by this endorsement.

1. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing is deleted

in its entirety and replaced with:

2. Towing

We will pay up to the limit shown in the

Declarations for towing and labor costs

incurred each time a covered "auto" is

disabled. However, the labor must be performed at the place of disablement.

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AA 296 07 12

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - AUDIO, VISUAL AND DATA ELECTRONIC

EQUIPMENT COVERAGE

This endorsement modifies insurance provided by the following:

BUSINESS AUTO COVERAGE FORM

With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by this endorsement.

1. SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 4. is deleted in its entirety and replaced with:

4. We will not pay for "loss" to any of the following:

a. Tapes, records, discs or similar audio, visual or data electronic devices

designed for use with audio, visual or 

data electronic equipment. b. Any device designed or used to detect speed-measuring equipment, 

such as radar or laser detectors, and 

any jamming apparatus intended to 

elude or disrupt speed-measuring 

equipment.

c. Any electronic equipment, without regard to whether this equipment is

permanently installed, that reproduces, receives or transmits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to

equipment designed to be operated solely

by use of the power from the "auto's" electrical system that, at the time of "loss", is:

a. Permanently installed in or upon the

covered "auto";

b. Removable from a housing unit which 

is permanently installed in or upon 

the covered "auto";

c. An integral part of the same unit 

housing any electronic equipment 

described in Paragraphs a. and b.

above; or

d. Necessary for the normal operation 

of the covered "auto" or the monitoring of the covered "auto's" operating 

system.

2. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limits of Insurance, 1. is deleted in

its entirety and replaced with:

1. The most we will pay for:

a. "Loss" to any covered "auto" is the 

lesser of;

(1) The actual cash value of the

damaged or stolen property as of

the time of the "loss"; or

(2) The cost of repairing or replacing

the damaged or stolen property 

with other property of like kind or

quality.

b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss", is up to $1,000, if, at the time 

of "loss", such electronic equipment 

is:

(1) Permanently installed in or upon

the covered "auto" in a housing, 

opening or other location that is

not normally used by the "auto" 

manufacturer for the installation

of such equipment;

(2) Removable from a permanently 

installed housing unit as described in Paragraph b.1. above; 

or

(3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. 3. AUDIO, VISUAL AND DATA ELECTRONIC 

EQUIPMENT COVERAGE ADDED LIMITS

The sub-limit in Paragraph 1.b. above is in addition to the Limit of Insurance shown in the 

Schedule of the Audio, Visual and Data 

Equipment Coverage endorsement, if purchased.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS UNINSURED MOTORISTS COVERAGE

Throughout this endorsement "you" and "your" refer to the organization(s) and a natural person(s) shown as a

Named Insured on this endorsement. "You" and "your" do not refer to any other person(s) or organization(s), 

including but not limited to agents, employees, servants, members, shareholders or independent contractors of 

any person or organization shown as a Named Insured on this endorsement.

For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in Illinois, this endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by this endorsement.

This endorsement changes the Coverage Form effective on the effective date of the Coverage Form unless

another date is indicated below.

Endorsement Effective: Policy Number:

Named Insured:

SCHEDULE

Limit of Insurance

$ Each "Accident"

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement).

A. Coverage

1. We will pay all sums the "insured" is legally

entitled to recover as compensatory damages from the owner or operator of:

a. An "uninsured motor vehicle" as defined in Paragraph F.4.a. and b. because of "bodily injury":

(1) Sustained by the "insured"; and

(2) Cause by an "accident".

b. An "uninsured motor vehicle" as defined in Paragraph F.4.c. because of "bodily injury" sustained by the "insured". The owner's or operator's liability for these 

damages must result from the ownership, 

maintenance or use of the "uninsured motor 

vehicle". The "insured" shall be required to 

prove all elements of the "insured's" claim

that are necessary to recover from the owner or operator of the "uninsured motor vehicle".

2. We will pay under this endorsement only if 

the limits of insurance under all applicable 

liability bonds or policies have been partially 

or fully exhausted by payment of judgments 

or settlements. 3. Any judgment for damages arising out of a "suit" brought without our written consent to 

both the "suit" and the judgment is not binding on us. B. Who is an Insured

The following are "insureds":

1. If any natural persons are specifically listed 

as a Named Insured on this endorsement, 

the following persons are "insureds":

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a. Natural persons specifically listed as a 

Named Insured on this endorsement;

b. "Family members" of natural persons

specifically listed as a Named Insured 

on this endorsement;

c. Any natural person, but only for injuries

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of

service because of its break down, repair, servicing, "loss" or destruction; 

and

d. Any natural person, but only for damages he or she is entitled to recover 

because of "bodily injury" sustained by

an "insured" described in Paragraphs

B.1.a., b. or c.

2. If an entity other than a natural person is 

listed as a Named Insured on this endorsement, and no natural persons are listed as a 

Named Insured in the endorsement, the following persons are "insureds":

a. Any natural person, but only for injuries 

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of 

service because of its break down, repair, servicing, "loss" or destruction. b. Any natural person is an "insured", but 

only for damages he or she is entitled 

to recover because of "bodily injury"

sustained by an "insured" described in 

Paragraph B.2.a. C. Exclusions

This insurance does not apply to any of the following:

1. Any claim settled with the person(s) or organization(s) legally responsible for the "accident" or the insurer or legal representative 

of such person(s) or organization(s) without 

our consent.

2. The direct or indirect benefit of any insurer 

or self-insurer under any personal injury protection benefits, workers' compensation, 

disability benefits, pension statutes or similar laws. 3. "Bodily injury" sustained by an "insured" while the "insured" is operating, or "occupying" a "motor vehicle" owned by, furnished

to, or available for the regular use of a 

Named Insured or, if the Named Insured is 

a natural person, a spouse, or a resident 

relative of such Named Insured, if the "motor vehicle" is not specifically identified in the 

Coverage Form or is not a newly acquired 

or replacement "motor vehicle" covered under the terms of the Coverage Form. 4. "Bodily injury" suffered by any person while 

operating or "occupying" a "motor vehicle" without reasonable belief that he or she is 

entitled to do so. 

5. Punitive or exemplary damages. D. Limit of Insurance

1. Regardless of the number of policies, covered "autos", "insureds", premiums paid, 

claims-made or vehicles involved in the "accident", the most we will pay for all damages, including, but not as a separate claim, 

damages claimed by any person or organization for care, loss of services, or death 

due to and arising out of any one "accident"

is the limit of Uninsured Motorists Coverage shown in the Schedule or the Declarations. We will apply the limit shown in the schedule or the Declarations to first provide the 

separate limits required by the Illinois Safety

Responsibility Law as follows:

a. $25,000 for "bodily injury" to any one 

person due to and arising out of any

one "accident", and

b. $50,000 for "bodily injury" to two or 

more persons due to and arising out of 

any one "accident". This provision will not change our total limit 

of insurance. 2. No one will be entitled to receive duplicate 

payments for the same elements of "loss" under this endorsement and any Liability 

Coverage Form. We will not make a duplicate payment under

this endorsement for any element of "loss"

for which payment has been made by or for 

anyone who is legally liable. We will not pay for any element of "loss" if a 

person is entitled to receive payment for the

same element of "loss" under any personal 

injury protection benefits, workers' compensation, disability benefits, pension statutes 

or similar laws, including medical payments 

made under any statute. 3. The limit of insurance provided in this endorsement shall be reduced by all sums 

available for payment to the "insured" for "bodily injury" under all liability bonds or policies covering persons or organizations legally liable for the "accident".

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E. Changes in Conditions

The Conditions for Illinois Uninsured Motorists Coverage are changed as follows:

1. With respect to an "uninsured motor vehicle", the Other Insurance Condition in the

Business Auto and Garage Coverage 

Forms and Other Insurance Primary and

Excess Insurance Provisions in the Truck- ers and Motor Carrier Coverage Forms are 

replaced by the following:

If there is other applicable insurance available under one or more policies or provisions

of coverage:

a. The maximum recovery under all coverage forms or policies combined may

equal but not exceed the highest applicable limit for any one vehicle under 

any coverage form or policy providing 

coverage on either a primary or excess

basis. b. Any insurance we provide with respect 

to a vehicle you do not own shall be excess over any other collectible uninsured motorists insurance. We will pay

only the amount by which the limit of insurance for this coverage exceeds the 

limits of such other insurance.

c. If the coverage under this endorsement 

is provided:

(1) On a primary basis, we will pay only our share of the "loss" that must 

be paid under insurance providing

coverage on a primary basis. Our 

share is the proportion that our limit of insurance bears to the total of

all applicable limits of insurance for 

coverage on a primary basis.

(2) On an excess basis, we will pay 

only our share of the "loss" that 

must be paid under insurance 

providing coverage on an excess

basis. Our share is the proportion 

that our limit of insurance bears to 

the total of all applicable limits of

insurance for coverage on an excess basis. 2. Duties in the Event of Accident, Claim, 

Suit or Loss is changed by adding the following:

a. You or any other involved "insured" must promptly notify the police if a hit- and-run driver is involved;

b. You or any other involved "insured" 

must promptly send us copies of the legal papers if a "suit" is brought; and

c. You and any other involved "insured" 

must cooperate with us in the investigation, settlement or defense of the claim

or "suit". Cooperation includes, but is

not limited to, identifying all parties who 

may be responsible for the "accident" 

and all insurers who may be obligated

to provide coverage. 3. Transfer of Rights of Recovery Against 

Others to Us does not apply.

4. The following Condition is added:

Reimbursement And Trust

If we make any payment and the "insured"

recovers from another party, the "insured" shall hold the proceeds in trust for us and 

pay us back the amount we have paid. 5. Legal Action Against Us is replaced by the 

following:

No lawsuit or action whatsoever or any proceeding in arbitration shall be brought 

against us for the recovery of any claim under the provisions of the Uninsured Motorists Coverage of this Coverage Form unless

the "insured" has satisfied all of the things 

that "insured" is required to do under the 

terms and conditions of this endorsement. 

Any claim or "suit" for Uninsured Motorists 

Coverage must be brought within two (2) 

years of the date of the "accident" causing 

the "bodily injury" or one (1) year after the 

date the liability insurer of the "uninsured

motor vehicle" becomes insolvent, whichever is later. Our subrogation rights also must 

not be prejudiced.

6. The following Condition is added:

Arbitration

a. If we and an "insured" do not agree:

(1) Whether that person is legally entitled to recover damages from a 

party responsible for the "accident"; or

(2) As to the amount of damages that 

may be recovered;

the matter may be settled by arbitration. However, disputes concerning coverage under this endorsement may not 

be arbitrated.

The "insured" and we must mutually

agree to arbitrate the disagreements. If 

the "insured" and we do not agree to 

arbitrate, then the disagreement will be 

resolved in a court having competent 

jurisdiction.

If arbitration is used, each party will select an arbitrator. The two arbitrators

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will select a third. If they cannot agree 

within 45 days as to the third arbitrator, 

either may request that selection be 

made by a judge of a court having jurisdiction. Each party will:

(1) Pay the expenses it incurs; and

(2) Bear the expenses of the third arbitrator equally.

b. Unless both parties agree otherwise, 

arbitration will take place in the county

in which the "insured" lives. If arbitration

is submitted to the American Arbitration

Association, then the American Arbitration Association rules shall apply to all 

matters except medical opinions. As to 

medical opinions, if the amount of 

damages being sought:

(1) Is equal to or less than the minimum limit for "bodily injury" liability 

specified by the Illinois Safety Responsibility Law, then the American

Arbitration Association rules shall 

apply.

(2) Exceeds the minimum limit for "bodily injury" liability specified by 

the Illinois Safety Responsibility 

Law, then the rules of evidence 

that apply in the circuit court for

placing medical opinions into evidence shall apply.

In all other arbitration proceedings, local rules of law as to arbitration procedure and evidence will apply. A decision 

agreed to by two of the arbitrators will 

be binding as to the amount of damages not exceeding the lesser of either:

(1) $75,000 for "bodily injury" to any 

one person/$150,000 for "bodily injury" to two or more persons

caused by any one "accident"; or

(2) The Limit of Uninsured Motorists

Insurance shown in the Schedule 

or Declarations. F. Additional Definitions

As used in this endorsement:

1. "Family member" means a natural person 

who is related to and is a resident of the 

same household as a natural person shown 

as a Named Insured on this endorsement. 

Such relation may be by blood, marriage or 

adoption and may include a ward or foster 

child. 2. "Motor vehicle" means a self-propelled vehicle designed for use and principally used on 

public roads, including an automobile, truck, semi-tractor, motorcycle and bus. "Motor 

vehicle" also includes a motor home, provided the motor home is not stationary and 

is not being used as a temporary or permanent residence or office. "Motor vehicle" does not include a trolley, streetcar, "trailer", railroad engine, railroad car, motorized bicy- cle, golf cart, off-road recreational vehicle, snowmobile, fork lift, aircraft, watercraft, 

construction equipment, farm tractor or other vehicle designed and principally used for 

agricultural purposes, mobile home, vehicle

traveling on treads or rails or any similar vehicle.

3. "Occupying" means in, upon, getting in, on, 

out or off.

4. "Uninsured motor vehicle" means a land "motor vehicle" or "trailer":

a. For which no liability bond or policy applies at the time of an "accident". b. For which an insuring or bonding company denies coverage or is or becomes 

insolvent.

c. That is a hit-and-run vehicle and neither 

the operator nor owner can be identified. The vehicle must either:

(1) Hit an "insured", a covered "auto" 

or a vehicle an "insured" is "occupying"; or

(2) Cause "bodily injury" to an "insured" without hitting an "insured", 

a covered "auto" or a vehicle an "insured" is "occupying". 

We will only accept competent evidence which may include the testimony, under oath, of a person making claim 

under this or similar coverage.

However, "uninsured motor vehicle" does 

not include any "motor vehicle":

a. Owned or operated by a self-insurer 

under any applicable motor vehicle law, 

except a self-insurer who is or becomes insolvent and cannot provide the 

amounts required by that motor vehicle

law.

b. Owned by any governmental unit or 

agency.

c. Designed for use mainly off public

roads while not on public roads. d. Owned by or furnished or available for 

your regular use or that of any "family

member" or any other "insured". e. For which liability coverage is afforded

under this Coverage Form.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS UNDERINSURED MOTORISTS COVERAGE

Throughout this endorsement "you" and "your" refer to the organization(s) and a natural person(s) shown as a

Named Insured on this endorsement. "You" and "your" do not refer to any other person(s) or organization(s), 

including but not limited to agents, employees, servants, members, shareholders or independent contractors of 

any person or organization shown as a Named insured on this endorsement.

For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in Illinois, this endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by this endorsement.

This endorsement changes the Coverage Form effective on the effective date of the Coverage Form unless

another date is indicated below.

Endorsement Effective: Policy Number:

Named Insured:

SCHEDULE

Limit of Liability

$ Each Accident

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply

unless modified by the endorsement.

A. Coverage

1. We will pay all sums the "insured" is legally

entitled to recover as compensatory damages from the owner or operator of an "underinsured motor vehicle". The damages 

must result from "bodily injury" sustained by 

the "insured" caused by an "accident". The 

owner's or operator's liability for these damages must result from the ownership, maintenance or use of the "underinsured motor 

vehicle". The "insured" shall be required to 

prove all elements of the "insured's" claim 

that are necessary to recover from the 

owner or operator of the "underinsured" motor vehicle". 

2. We will pay under this endorsement only if 

a. or b. below applies:

a. The limits of insurance under all applicable liability bonds or policies have 

been partially or fully exhausted by

payment of judgments or settlements; 

or

b. A "tentative settlement" has been made 

between an "insured" and a person(s) 

or organization(s) who may be legally

responsible for the "accident", or the insurer and legal representative of such

person(s) or organization(s) and we:

(1) Have been given a prompt written 

notice of such settlement and advance payment to the "insured" 

equal to the "tentative settlement" 

within 30 days after receipt of notification; or

(2) We and an "insured" have reached 

a "settlement agreement".

3. Any judgment for damages arising out of a "suit" brought without our written consent to 

both the "suit" and the judgment is not binding on us.

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B. Who is an Insured

The following are "insureds":

1. If any natural persons are specifically listed 

as a Named Insured on this endorsement, 

the following persons are "insureds":

a. Natural persons specifically listed as a 

Named Insured on this endorsement;

b. "Family members" of natural persons

specifically listed as a Named Insured

on this endorsement;

c. Any natural person, but only for injuries

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of

service because of its break down, repair, servicing, "loss" or destruction; 

and

d. Any natural person, but only for damages he or she is entitled to recover 

because of "bodily injury" sustained by

an "insured" described in Paragraphs

B.1.a., b. or c.

2. If an entity other than a natural person is 

listed as the Named Insured on this endorsement, and no natural persons are 

listed as Named Insureds in the Declarations, the following persons are "insureds":

a. Any natural person, but only for injuries

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of 

service because of its break down, repair, servicing, "loss" or destruction. b. Any natural person is an "insured", but 

only for damages he or she is entitled 

to recover because of "bodily injury"

sustained by an "insured" described in 

Paragraph B.2.a. C. Exclusions

This insurance does not apply to any of the following:

1. Any claim settled with the person(s) or organization(s) legally responsible for the "accident" or the insurer or legal representative 

of such person(s) or organization(s) without 

our consent.

2. The direct or indirect benefit of any insurer 

under any personal injury protection, work- ers' compensation, disability benefits, pension statutes or similar law.

3. "Bodily injury" sustained by an "insured" while the "insured" is operating or "occupying" a "motor vehicle" owned by, furnished 

to, or available for the regular use of a 

Named Insured or, if the Named Insured is 

a natural person, a spouse or a resident 

relative of such Named Insured, if the "motor vehicle" is not specifically identified in the 

Coverage Form or is not a newly acquired

or replacement "motor vehicle" covered under the terms of the Coverage Form. 4. "Bodily injury" suffered by any person while 

operating or "occupying" a "motor vehicle" without reasonable belief that he or she is 

entitled to do so.

5. Punitive or exemplary damages. D. Limit of Insurance

1. Regardless of the number of policies, covered "autos", "insureds", premiums paid, 

claims-made or vehicles involved in the "accident", the most we will pay for all damages, including, but not as a separate claim, 

damages claimed by any person or organization for care, loss of services, or death 

due to and arising out of any one "accident"

is the limit of Underinsured Motorists 

Coverage shown in the Schedule or the

Declarations. 2. Except in the event of a "settlement agreement", the limit of insurance provided in this 

endorsement shall be reduced by all sums 

available for payment:

a. To the "insured" for "bodily injury" under

all liability bonds or policies covering 

persons or organizations legally liable 

for the "accident". b. Under any automobile medical pay- ments coverage. However, the limit of 

insurance provided in this endorsement 

shall not be reduced by any sums paid 

or payable under Social Security disability benefits. No one will be entitled to receive duplicate 

payments for the same elements of "loss" 

under this endorsement and any Liability

Coverage Form. We will not make duplicate payment under 

this endorsement for element of "loss" for 

which payment has been made by or for 

anyone who is legally liable. We will not pay for any element of "loss" if a

person is entitled to receive payment for the 

same element of "loss" under any personal 

injury protection, workers' compensation, 

disability benefits, pension statutes or similar law, including medical payments made 

under any statute

Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 304 of 340 PageID #:317
Includes copyrighted material of ISO

AA 4045 IL 11 08 Properties, Inc., with its permission. Page 3 of 5

3. In the event of a "settlement agreement", 

the maximum limit of insurance provided in 

this endorsement shall be the amount by

which the limit of insurance provided in this 

endorsement exceeds the limits of bodily injury liability bonds or policies applicable to 

the owner or operator of the "underinsured 

motor vehicle".

E. Changes in Conditions

The Conditions for Illinois Underinsured Motorists Coverage are changed as follows:

1. With respect to an "underinsured motor vehicle", the Other Insurance Condition in 

the Business Auto and Garage Coverage 

Forms and Other Insurance Primary and

Excess Insurance Provisions in the Truck- ers and Motor Carrier Coverage Forms are 

replaced by the following:

If there is other applicable insurance available under one or more policies or provisions of coverage:

a. The maximum recovery under all coverage forms or policies combined may

equal but not exceed the highest applicable limit for any one vehicle under 

any coverage form or policy providing 

coverage on either a primary or excess

basis.

b. Any insurance we provide with respect 

to a vehicle you do not own shall be excess over any other collectible underinsured motorists insurance. We will pay

only the amount by which the limit of insurance for this coverage exceeds the 

limits of such other insurance. c. If the coverage under this endorsement 

is provided:

(1) On a primary basis, we will pay 

only our share of the "loss" that 

must be paid under insurance providing coverage on a primary basis. Our share is the proportion that

our limit of insurance bears to the 

total of all applicable limits of insurance for coverage on a primary 

basis.

(2) On an excess basis, we will pay 

only our share of the "loss" that 

must be paid under insurance providing coverage on an excess basis. Our share is the proportion that 

our limit of insurance bears to the 

total of all applicable limits of insurance for coverage on an excess

basis.

2. Duties in the Event of Accident, Claim, 

Suit or Loss is changed by adding the following:

a. A person seeking Underinsured Motorists Coverage must promptly notify us

in writing of a "tentative settlement" between the "insured" and a person(s) or 

organization(s) who may be legally responsible for the "accident", or the insurer or legal representative of such 

person(s) or organization(s) and allow

us 30 days to advance payment to that "insured" in an amount equal to the "tentative settlement" to preserve our 

rights against the person(s) or organization(s) who may be legally responsible for the "accident", or the insurer or 

legal representative of such person(s) 

or organization(s).

b. File "suit" against the person(s) or organization(s) who may be legally responsible for the "accident" or the insurer or legal representative of such 

person(s) or organization(s), prior to the

conclusion of a "settlement agreement". 

Such "suit" cannot be abandoned or

settled without giving us notice in writing of a "tentative settlement" between 

the "insured" and a person(s) or organization(s) who may be legally responsible for the "accident", or the insurer or 

legal representative of such person(s) 

or organization(s) and allowing us 30 

days to advance payment to that "insured" in an amount equal to that settlement to preserve our rights against 

the person(s) or organization(s) who 

may be legally responsible for the "accident", or the insurer or legal representative of such person(s) or organization(s);

c. You or any other involved "insured" must promptly send us copies of the legal papers if a "suit" is brought; and

d. You and any other involved "insured" 

must cooperate with us in the investigation, settlement or defense of the claim 

or "suit". Cooperation includes, but is

not limited to, identifying all parties who 

may be responsible for the "accident" and all insurers who may be obligated

to provide coverage. 3. The following is added to Transfer of 

Rights of Recovery Against Others to Us:

Transfer of Rights of Recovery Against 

Others to Us does not apply to damages

caused by an "accident" with an "underinsured motor vehicle" if we:

Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 305 of 340 PageID #:318
Includes copyrighted material of ISO

AA 4045 IL 11 08 Properties, Inc., with its permission. Page 4 of 5

a. Have been given prompt written notice 

of a "tentative settlement" between an "insured" and a person(s) or organization(s) who may be legally responsible 

for the "accident", or the insurer or legal

representative of such person(s) or organization(s); and

b. Fail to advance payment to the "insured" in an amount equal to the "tentative settlement" within 30 days after receipt of notification.

If we advance payment to the "insured" in 

an amount equal to the "tentative settlement" within 30 days after receipt of notification:

a. That payment will be separate from any

amount the "insured" is entitled to recover under the provisions of Underinsured Motorists Coverage; and

b. We also have a right to recover the advanced payment.

However, in the event of a "settlement 

agreement", we shall be entitled to recover 

only for amounts which exceed the limit of 

bodily injury liability bonds or policies applicable to the owner or operator of the "underinsured motor vehicle".

4. The following Condition is added:

Reimbursement And Trust

If we make any payment and the "insured"

recovers from another party, the "insured" shall hold the proceeds in trust for us and 

pay us back the amount we have paid. However, in the event of a "settlement 

agreement", we shall be entitled to recover 

only for amounts which exceed the limit of 

bodily injury liability bonds or policies applicable to the owner or operator of the "underinsured motor vehicle".

5. Legal Action Against Us is replaced by the 

following:

No lawsuit or action whatsoever or any proceeding in arbitration shall be brought 

against us for the recovery of any claim under the provisions of the Underinsured Motorists Coverage of this Coverage Form 

unless the "insured" has satisfied all of the 

things that "insured" is required to do under 

the terms and conditions of this endorsement. Any claim or "suit" for Underinsured 

Motorists Coverage must be brought within 

two (2) years of the date of the "accident"

causing the "bodily injury" or one (1) year after the date the liability insurer of the "uninsured motor vehicle" becomes insolvent, 

whichever is later. Our subrogation rights 

also must not be prejudiced.

6. The following Condition is added:

Arbitration

a. If we and an "insured" do not agree:

(1) Whether that person is legally entitled to recover damages from a

party responsible for the "accident"; or

(2) As to the amount of damages that 

may be recovered;

the matter may be settled by arbitration. However, disputes concerning coverage under this endorsement may not 

be arbitrated. The "insured" and we must mutually 

agree to arbitrate the disagreements. If 

the "insured" and we do not agree to 

arbitrate, then the disagreement will be 

resolved in a court having competent 

jurisdiction.

If arbitration is used, each party will select an arbitrator. The two arbitrators 

will select a third. If they cannot aggress within 45 days as to the third arbitrator, either may request that selection 

be made by a judge of a court having 

jurisdiction. Each party will:

(1) Pay the expenses it incurs; and

(2) Bear the expenses of the third arbitrator equally.

b. Unless both parties agree otherwise, 

arbitration will take place in the county

in which the "insured" lives. Local rules

of law as to arbitration procedures and 

evidence will apply. A decision agreed 

to by two of the arbitrators will be binding as to:

(1) Whether the "insured" is legally entitled to recover damages from a 

party responsible for the "accident"; and

(2) The amount of damages. F. Additional Definitions

As used in this endorsement:

1. "Family member" means a natural person 

who is related to and is a resident of the 

same household as a natural person shown 

as a Named Insured on this endorsement. 

Such relation may be by blood, marriage or 

adoption, and may include a ward or foster 

child. 2. "Motor vehicle" means a self-propelled vehicle designed for use and principally used on 

public roads, including an automobile, truck, 

Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 306 of 340 PageID #:319
Includes copyrighted material of ISO

AA 4045 IL 11 08 Properties, Inc., with its permission. Page 5 of 5

semi-tractor, motorcycle and bus. "Motor 

vehicle" also includes a motor home, provided the motor home is not stationary and 

is not being used as a temporary or permanent residence or office. "Motor vehicle" 

does not include a trolley, streetcar, "trailer", railroad engine, railroad car, motorized bicy- cle, golf cart, off-road recreational vehicle, snowmobile, fork lift, aircraft, watercraft, 

construction equipment, farm tractor or 

other vehicle designed and principally used 

for agricultural purposes, mobile home, vehicle traveling on treads or rails or any similar vehicle. 3. "Occupying" means in, upon, getting in, on, 

out or off.

4. "Settlement agreement" means we and an "insured" agree that the "insured" is legally

entitled to recover, from the person(s) or organization(s) who may be legally responsible for the "accident", or the legal representative of such person(s) or organization(s), 

damages for "bodily injury" and, without arbitration, agree also as to the amount of

damages. Such agreement is final and binding regardless of any subsequent judgment 

or settlement reached by the "insured" with 

the person(s) or organization(s) who may be 

legally responsible for the "accident", or the 

legal representative of such person(s) or organization(s),.

5. "Tentative settlement" means an offer from 

the person(s) or organization(s) who may be 

legally responsible for the "accident", or the 

legal representative of such person(s) or organization(s), to compensate an "insured"

for damages incurred because of "bodily injury" sustained in an "accident" involving an

"underinsured motor vehicle".

6. "Underinsured motor vehicle" means a land "motor vehicle" or "trailer" of any type for 

which the sum of the limits of coverage 

available for payment to the "insured" under 

all liability bonds or policies covering person(s) or organization(s) liable to the "insured" at the time of an "accident" are less 

than the Limit of Insurance for this coverage

or reduced by payments to others injured in 

the accident to an amount which is less than 

the Limit of Insurance for this coverage. 

However, "underinsured motor vehicle" does not include any "motor vehicle":

a. Owned or operated by any self-insurer 

under any applicable motor vehicle law, 

except a self-insurer who is or becomes insolvent and cannot provide the 

amount required by that motor vehicle 

law.

b. Owned by any governmental unit or 

agency.

c. Designed for use mainly off public

roads while not on public roads. d. Which is an "uninsured motor vehicle".

e. Owned by, furnished or available for the 

regular use of any "insured", other than 

the named insured, or a "family member" of a named insured.

f. For which liability coverage is afforded 

under this Coverage Form.

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Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 308 of 340 PageID #:321
Includes copyrighted material of ISO

AA 4136 IL 01 15 Properties, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES

For a covered "auto" licensed or principally garaged in Illinois, this endorsement modifies insurance provided

under the following:

BUSINESS AUTO COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by the endorsement.

A. Changes in Liability Coverage

1. Paragraph A.1.b.(3) of the Who is an Insured provision does not apply.

2. Our Limit of Insurance applies except 

that we will apply the limit shown in the 

Declarations to first provide the separate 

limits required by the Illinois Safety Responsibility Law as follows:

a. $25,000 for "bodily injury" to any one

person caused by any one "accident",

b. $50,000 for "bodily injury" to two or

more persons caused by any one "accident", and

c. $20,000 for "property damage" 

caused by any one "accident".

This provision will not change our total Limit 

of Insurance.

B. Changes in Physical Damage Coverage

The following is added to the Limit of Insurance provision with respect to repair or replacement resulting in better than like kind or 

quality and supercedes any provision to the 

contrary:

3. We may deduct for betterment if:

a. The deductions reflect a measurable 

decrease in market value attributable 

to the poorer condition of, or prior 

damage to, the vehicle.

b. The deductions are for prior wear and 

tear, missing parts and rust damages

that is reflective of the general overall 

condition of the vehicle considering 

its age. In this event, deductions may 

not exceed $500.

C. Changes in Conditions

The Other Insurance condition is changed by 

the addition of the following:

Liability Coverage provided by this Coverage 

Form for any "auto" you do not own is primary

if:

1. The "auto" is owned or held for sale or 

lease by a new or used vehicle dealership;

2. The "auto" is operated by an "insured" with the permission of the dealership described in Paragraph 1. while your "auto"

is being repaired or evaluated; and

3. The Limit of Insurance for Liability Coverage under this policy is at least:

a. $100,000 for "bodily injury" to any one 

person caused by any one "accident",

b. $300,000 for "bodily injury" to two or 

more persons caused by any one "accident", and

c. $50,000 for "property damage" 

caused by any one "accident".

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Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 310 of 340 PageID #:323
Contains copyrighted material of Insurance

Services Office, Inc., with its permission.

AA 4231 08 08 Copyright, Insurance Services Office, 1985 Page 1 of 2

SUPPLEMENTARY SCHEDULE FOR BUSINESS AUTO - ITEMS FOUR, FIVE, AND SIX

Attached to and forming a part of:

Form AA 505 (Business Auto Coverage Part)

NUMBER

ITEM FOUR SCHEDULE OF HIRED OR

BORROWED COVERED AUTO COVERAGE AND PREMIUMS.

LIABILITY COVERAGE--RATING BASIS, COST OF HIRE

STATE

ESTIMATED COST OF HIRE

FOR EACH STATE

RATE PER EACH $100

COST OF HIRE PREMIUM

TOTAL PREMIUM

Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or

rent from your partners or employees or their family members). Cost of hire does not include charges for services

performed by motor carriers of property or passengers.

PHYSICAL DAMAGE COVERAGE

COVERAGES

LIMIT OF INSURANCE

THE MOST WE WILL PAY

DEDUCTIBLE

ESTIMATED

ANNUAL

COST OF HIRE

RATE PER EACH

$100 ANNUAL

COST OF HIRE

MINIMUM

PREMIUM

PREMIUM

COMPREHENSIVE

ACTUAL CASH VALUE, COST OF REPAIRS OR

$ WHICHEVER IS LESS

MINUS $ DED. FOR EACH

COVERED AUTO, FOR ALL LOSS EXCEPT

FIRE

OR LIGHTNING

SPECIFIED CAUSES

OF LOSS

ACTUAL CASH VALUE, COST OF REPAIRS OR

$ WHICHEVER IS LESS

MINUS $25 DED. FOR EACH COVERED AUTO,

FOR LOSS CAUSED BY MISCHIEF OR

VANDALISM

COLLISION

ACTUAL CASH VALUE, COST OF REPAIRS OR

$ WHICHEVER IS LESS

MINUS $ DED. FOR EACH

COVERED AUTO

TOTAL PREMIUM

ITEM FIVE SCHEDULE FOR NONOWNERSHIP LIABILITY

Named Insured's Business Rating Basis Number Premium

Other than a

Social Service Agency

Number of

Employees

Number of Partners

Social Service Agency Number of

Employees

Number of Volunteers

TOTAL PREMIUM

EBA 026 96 01

40,000

250

INCL

40,000

500

INCL

INCL

Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 311 of 340 PageID #:324
Contains copyrighted material of Insurance

Services Office, Inc., with its permission.

AA 4231 08 08 Copyright, Insurance Services Office, 1985 Page 2 of 2

ITEM SIX SCHEDULE FOR GROSS RECEIPTS OR MILEAGE BASIS--LIABILITY COVERAGE--PUBLIC AUTO OR

LEASING RENTAL CONCERNS

Estimated RATES

Yearly Per $100 of Gross Receipts

Per Mile

PREMIUMS

 Gross Receipts

Mileage

LIABILITY AUTO MEDICAL

COVERAGE

LIABILITY

PAYMENTS

AUTO MEDICAL

COVERAGE PAYMENTS

TOTAL PREMIUMS

MINIMUM PREMIUMS

When used as a premium basis:

FOR PUBLIC AUTOS

Gross Receipts means the total amount to which you are entitled for transporting passengers, mail or merchandise during

the policy period regardless of whether you or any other carrier originate the transportation. Gross Receipts does not

include:

A. Amounts you pay to railroads, steamship lines, airlines and other motor carriers operating under their own ICC or

PUC permits.

B. Advertising Revenue.

C. Taxes which you collect as a separate item and remit directly to a governmental division.

D. C.O.D. collections for cost of mail or merchandise including collection fees.

Mileage means the total live and dead mileage of all revenue producing units operated during the policy period.

FOR RENTAL OR LEASING CONCERNS

Gross receipts means the total amount to which you are entitled for the leasing or rental of "autos" during the policy period

and includes taxes except those taxes which you collect as a separate item and remit directly to a governmental division.

Mileage means the total of all live and dead mileage developed by all the autos you leased or rented to others during the

policy period.

Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 312 of 340 PageID #:325
AA 4263 IL 04 10

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OFFICE OF FOREIGN ASSETS CONTROL (OFAC)

COMPLIANCE ENDORSEMENT

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions of the BUSINESS AUTO

COVERAGE FORM and SECTION V - GARAGE CONDITIONS, B. General Conditions of the GARAGE

COVERAGE FORM are amended to include the following:

Office of Foreign Assets Control (OFAC) Compliance

Whenever insurance coverage provided by this policy would be in violation of any United States economic or 

trade sanctions, such insurance coverage will not be provided under this policy.

Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 313 of 340 PageID #:326
Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 314 of 340 PageID #:327
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by the endorsement.

A. The Cancellation Common Policy Condition is

replaced by the following:

CANCELLATION

a. The first Named Insured shown in the Declarations may cancel this policy by mailing

us advance written notice of cancellation.

b. When this policy is in effect 61 days or more

or is a renewal or continuation policy, we

may cancel only for one or more of the following reasons by mailing you written notice

of cancellation stating the reasons for cancellation.

(1) Nonpayment of premium.

(2) The policy was obtained through a material misrepresentation.

(3) Any "insured" has violated any of the

terms and conditions of the policy.

(4) The risk originally accepted has

measurably increased.

(5) Certification to the Director of Insurance of the loss of reinsurance by the

insurer which provided coverage to us

for all or a substantial part of the

underlying risk insured.

(6) A determination by the Director of Insurance that the continuation of the

policy could place us in violation of the

Illinois insurance laws.

c. If we cancel for nonpayment of premium,

we will mail you at least 10 days written notice.

d. If this policy is cancelled for other than nonpayment of premium and the policy is in effect:

(1) 60 days or less, we will mail you at

least 30 days written notice.

(2) 61 days or more, we will mail you at

least 60 days written notice.

e. If this policy in cancelled, we will send you

any premium refund due. If we cancel, the

refund will be pro rata. If you cancel, the refund may be less than pro rata. The cancellation will be effective even if we have not

made or offered a refund.

f. The effective date of cancellation stated in

the notice shall become the end of the policy period.

g. Our notice of cancellation will state the reason for cancellation.

h. A copy of the notice will also be sent to your

agent or broker and the loss payee.

B. The following is added and supersedes any provision to the contrary:

NONRENEWAL

If we decide not to renew or continue this policy,

we will mail you, your agent or broker and the

loss payee written notice, stating the reason for

nonrenewal, at least 60 days before the end of

the policy period. If we offer to renew or continue and you do not accept, this policy will terminate at the end of the current policy period.

Failure to pay the required renewal or continuation premium when due shall mean that you

have not accepted our offer.

If we fail to mail proper written notice of nonrenewal and you obtain other insurance, this

policy will end on the effective date of that insurance.

C. Mailing of Notices

We will mail cancellation and nonrenewal notices to the last addresses known to us. Proof

of mailing will be sufficient proof of notice.

CA 02 70 08 94 Copyright, Insurance Services Office, Inc., 1994

Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 315 of 340 PageID #:328
Case: 1:20-cv-02160 Document #: 1-1 Filed: 04/06/20 Page 316 of 340 PageID #:329
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50,000

5,000

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10,000

1,000

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Pre

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1 YEAR 35

2 YEAR 71

3 YEAR 94

4 YEAR 118

5 YEAR 129

6 YEAR 141

FORMS AND/OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:

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HC102 01/16 CINCINNATI DATA DEFENDERTM COVERAGE FORM

HC460IL 03/16 ILLINOIS CHANGES - CINCINNATI DATA DEFENDERTM COVERAGE PART

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CINCINNATI DATA DEFENDERTM COVERAGE FORM

TABLE OF CONTENTS

Coverage Part Provision: Begins on Page:

Preamble.......................................................................................................................................................3

SECTION I - COVERAGES...........................................................................................................................3

A. Insuring Agreements............................................................................................................................3

1. Insuring Agreement A - Response Expenses ............................................................................3

2. Insuring Agreement B - Defense and Liability...........................................................................5

3. Insuring Agreement C - Identity Recovery .................................................................................5

B. Exclusions ............................................................................................................................................5

1. Applicable to Insuring Agreements A and B...................................................................................5

a. Criminal Investigations or Proceedings..............................................................................5

b. Deficiency Correction............................................................................................................5

c. Extortion.................................................................................................................................5

d. Fraudulent, Dishonest or Criminal Acts..............................................................................6

e. Non-monetary Relief..............................................................................................................6

f. Previously Reported Data Compromises............................................................................6

g. Prior Data Compromises.......................................................................................................6

h. Prior or Pending Litigation ...................................................................................................6

i. Reckless Disregard ...............................................................................................................6

j. Unencrypted Data..................................................................................................................6

k. Uninsurable............................................................................................................................6

l. Willful Complicity...................................................................................................................6

2. Applicable to Insuring Agreement C................................................................................................6

a. Fraudulent, Dishonest or Criminal Acts..............................................................................6

b. Professional or Business Identity........................................................................................6

c. Unreported Identity Theft......................................................................................................6

3. Applicable to Insuring Agreements A, B and C...............................................................................6

a. Nuclear....................................................................................................................................6

b. War..........................................................................................................................................6

SECTION II - LIMITS OF INSURANCE AND DEDUCTIBLE .......................................................................7

SECTION III - DEFENSE AND SETTLEMENT.............................................................................................8

SECTION IV - CONDITIONS ........................................................................................................................9

1. Bankruptcy ....................................................................................................................................9

2. Due Diligence ................................................................................................................................9

3. Duties in the Event of a Claim or Loss .......................................................................................9

4. Help Line......................................................................................................................................10

5. Legal Action Against Us.............................................................................................................10

6. Legal Advice................................................................................................................................10

7. Office of Foreign Assets Control (OFAC) Compliance............................................................11

8. Other Insurance...........................................................................................................................11

9. Pre-Notification Consultation ....................................................................................................11

10. Representations..........................................................................................................................11

11. Separation of Insureds...............................................................................................................11

12. Service Providers........................................................................................................................11

13. Services .......................................................................................................................................11

14. Subrogation.................................................................................................................................12

15. Valuation - Settlement ................................................................................................................12

16. When We Do Not Renew ............................................................................................................12

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TABLE OF CONTENTS (CONT'D)

Coverage Part Provision: Begins on Page:

SECTION V - EXTENDED REPORTING PERIODS...................................................................................12

SECTION VI - DEFINITIONS......................................................................................................................13

1. "Affected individual".......................................................................................................................13

2. "Authorized representative"...........................................................................................................13

3. "Claim"..........................................................................................................................................13

4. "Coverage term"............................................................................................................................14

5. "Coverage territory".......................................................................................................................14

6. "Data compromise liability"............................................................................................................14

7. "Defense costs".............................................................................................................................14

8. "Employee"....................................................................................................................................14

9. "Executive"....................................................................................................................................15

10. "Identity recovery case manager"..................................................................................................15

11. "Identity recovery expenses".........................................................................................................15

12. "Identity recovery insured".............................................................................................................16

13. "Identity theft"................................................................................................................................16

14. "Insured"........................................................................................................................................16

15. "Loss"............................................................................................................................................16

16. "Malware-related compromise".....................................................................................................16

17. "Named insured"...........................................................................................................................16

18. "Personal data compromise".........................................................................................................16

19. "Personally identifying information"...............................................................................................17

20. "Personally sensitive information".................................................................................................17

21. "Policy period"...............................................................................................................................17

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CINCINNATI DATA DEFENDERTM COVERAGE FORM

THIS COVERAGE PART PROVIDES CLAIMS-MADE COVERAGE, WHICH APPLIES ONLY TO "CLAIMS" 

FIRST MADE DURING THE "POLICY PERIOD" OR ANY APPLICABLE EXTENDED REPORTING PERIOD.

THE LIMIT OF INSURANCE TO PAY DAMAGES OR SETTLEMENTS WILL BE REDUCED AND MAY BE 

EXHAUSTED BY "DEFENSE COSTS", AND "DEFENSE COSTS" WILL BE APPLIED AGAINST THE DEDUCTIBLE. IN NO EVENT WILL WE BE LIABLE FOR "DEFENSE COSTS" OR THE AMOUNT OF ANY

JUDGMENT OR SETTLEMENT IN EXCESS OF THE LIMIT OF INSURANCE. READ THE ENTIRE POLICY

CAREFULLY.

Various provisions in this Coverage Part restrict

coverage. Read the entire Coverage Part carefully 

to determine rights, duties and what is and is not 

covered. Throughout this Coverage Part 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 VI - Definitions. SECTION I - COVERAGES

A. Insuring Agreements

Coverage is provided under the following Insuring Agreements for which an Aggregate 

Limit of Insurance is shown in the Declarations:

1. Insuring Agreement A - Response Expenses

a. Coverage under Insuring Agreement 

A - Response Expenses applies only 

if all of the following conditions are 

met:

(1) There has been a "personal data 

compromise"; and

(2) Such "personal data compromise" is first discovered by you 

during the "coverage term"; and

(3) Such "personal data compromise" took place in the "coverage territory"; and

(4) Such "personal data compromise" is reported to us within 60 

days after the date it is first discovered by you.

b. If the conditions listed in a. above

have been met, then we will provide 

coverage for the following expenses

when they arise directly from the "personal data compromise" described in a. above and are necessary and reasonable. Coverages (4)

and (5) apply only if there has been a 

notification of the "personal data

compromise" to "affected individuals" as covered under coverage (3).

(1) Forensic IT Review

Professional information technologies review if needed to determine, within the constraints of

what is possible and reasonable, 

the nature and extent of the

"personal data compromise" and

the number and identities of the

"affected individuals". This does not include costs to

analyze, research or determine

any of the following:

(a) Vulnerabilities in systems,

procedures or physical security;

(b) Compliance with PCI or other industry security standards; or

(c) The nature or extent of loss

or damage to data that is

not "personally identifying information" or "personally 

sensitive information".

If there is reasonable cause to

suspect that a covered "personal 

data compromise" may have occurred, we will pay for costs covered under Forensic IT Review, 

even if it is eventually determined that there was no covered

"personal data compromise". However, once it is determined

that there was no covered "personal data compromise", we will 

not pay for any further costs.

(2) Legal Review

Professional legal counsel review of the "personal data compromise" and how you should

best respond to it. If there is reasonable cause to suspect that a

covered "personal data compromise" may have occurred, we

will pay for costs covered under 

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Legal Review, even if it is eventually determined that there was

no covered "personal data compromise". However, once it is determined that there was no covered "personal data compromise", we will not pay for any further costs.

(3) Notification to Affected Individuals

We will pay your necessary and

reasonable costs to provide notification of the "personal data 

compromise" to "affected individuals".

(4) Services to Affected Individuals

We will pay your necessary and

reasonable costs to provide the

following services to "affected 

individuals":

(a) The following services apply 

to any "personal data compromise". 1) Informational Materials

A packet of loss prevention and customer 

support information.

2) Help Line

A toll-free telephone

line for "affected individuals" with questions

about the "personal data compromise". Where

applicable, the line can 

also be used to request 

additional services as 

listed in (b)1) and 2)

below.

Note, calls by "affected 

individuals" or their representatives to the Help 

Line do not constitute 

the making of a "claim" under Insuring Agreement B - Defense and

Liability.

(b) The following additional services apply to "personal data compromise" events involving "personally identifying information". 1) Credit Report and 

Monitoring

A credit report and an 

electronic service automatically monitoring 

for activities affecting 

an individual's credit 

records. This service is 

subject to the "affected 

individual" enrolling for

this service with the 

designated service provider.

2) Identity Restoration

Case Management

As respects any "affected individual" who is

or appears to be a victim of "identity theft"

that may reasonably

have arisen from the "personal data compromise", the services

of an identity restoration

professional who will 

assist that "affected individual" through the

process of correcting 

credit and other records 

and, within the constraints of what is possible and reasonable, 

restoring control over 

his or her personal 

identity.

(5) PR Services

Professional public relations firm

review of and response to the

potential impact of the "personal 

data compromise" on your business relationships. This includes costs to implement

public relations recommendations of such firm. This may include advertising and special 

promotions designed to retain

your relationship with "affected 

individuals". However, we will not 

pay for promotions:

(a) Provided to any of your "executives" or "employees"; or

(b) Costing more than $25 per "affected individual".

(6) Regulatory Fines and Penalties

Any fine or penalty imposed, to 

the extent such fine or penalty is

legally insurable under the law of

the applicable jurisdiction.

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(7) PCI Fines and Penalties

Any Payment Card Industry fine

or penalty imposed under a contract to which you are a party. 

PCI Fines and Penalties do not 

include any increased transaction costs. 2. Insuring Agreement B - Defense and

Liability

a. Coverage under Insuring Agreement 

B - Defense and Liability applies only

if all of the following conditions are 

met:

(1) During the "coverage term" or 

any applicable Extended Reporting Period, you first receive notice of a "claim" which:

(a) Arises from a "personal data

compromise" that:

1) Took place on or after

the Retroactive Date 

shown in the Declarations and before the 

end of the "policy period";

2) Took place in the "coverage territory"; and

3) Was submitted to us

and covered under Insuring Agreement A - Response Expenses; 

and

(b) Is brought by one or more "affected individuals" or by a 

governmental entity on behalf of one or more "affected 

individuals"; and

(2) Such "claim" is reported to us as 

soon as practicable, but in no

event more than 60 days after 

the date it is first received by 

you.

b. If the conditions listed in a. above

have been met, then we will pay on 

behalf of the "insured" "defense 

costs" and "data compromise liability" directly arising from the "claim". c. All "claims" caused by a single "personal data compromise" will be 

deemed to have been made at the 

time that notice of the first of those "claims"is received by you.

3. Insuring Agreement C - Identity Recovery

a. Coverage under Insuring Agreement 

C - Identity Recovery applies only if

all of the following conditions are met:

(1) There has been an "identity

theft" involving the personal

identity of an "identity recovery 

insured" under this Coverage 

Part; and

(2) Such "identity theft" is first discovered by the "identity recovery

insured" during the "coverage 

term"; and

(3) Such "identity theft" took place in 

the "coverage territory"; and

(4) Such "identity theft" is reported 

to us within 60 days after it is

first discovered by the "identity

recovery insured". b. If the conditions listed in a. above

have been met, then we will provide 

the following to the "identity recovery

insured":

(1) Services of an "identity recovery 

case manager" as needed to respond to the "identity theft"; and

(2) Reimbursement of necessary 

and reasonable "identity recovery expenses" incurred as a direct result of the "identity theft". B. Exclusions

1. Applicable to Insuring Agreements A and

B only:

This insurance does not apply to "loss" or "claims" based upon, attributable to or 

arising out of:

a. Criminal Investigations or Proceedings

Any criminal investigations or proceedings.

b. Deficiency Correction

Costs to research or correct any deficiency. This includes, but is not limited to, any deficiency in your systems, procedures or physical security 

that may have contributed to a "personal data compromise". c. Extortion

Any extortion or blackmail. This includes, but is not limited to, ransom 

payments and private security assistance.

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d. Fraudulent, Dishonest or Criminal 

Acts

Any criminal, fraudulent or dishonest 

act, error or omission, or any intentional or knowing violation of the law

by the "insured". e. Non-monetary Relief

That part of any "claim" seeking any

non-monetary relief.

f. Previously Reported Data Compromises

The same facts alleged or contained 

in any "claim" which has been reported, or in any circumstances of which

notice has been given, under any insurance policy of which this Coverage Part is a renewal or replacement.

g. Prior Data Compromises

Any "personal data compromise" first

occurring before the Retroactive Date

shown in the Declarations, or any "claim" arising from a "personal data 

compromise" that first occurred prior 

to the Retroactive Date shown in the 

Declarations. h. Prior or Pending Litigation

Any "claim" or other proceeding

against an "insured" which was pending or existed prior to the "coverage 

term", or arising out of the same or 

substantially the same facts, circumstances or allegations which are the 

subject of, or the basis for, such "claim" or other proceeding.

i. Reckless Disregard

Your reckless disregard for the security of "personally identifying information" or "personally sensitive information" in your care, custody or

control.

j. Unencrypted Data

Any "personal data compromise" involving data that is being transmitted 

electronically, unless such data is encrypted to protect the security of the 

transmission. k. Uninsurable

Any amount not insurable under applicable law.

l. Willful Complicity

The "insured's" intentional or willful 

complicity in a "personal data compromise". 2. Applicable to Insuring Agreement C only:

This insurance does not apply to:

a. Fraudulent, Dishonest or Criminal 

Acts

Any fraudulent, dishonest or criminal 

act by an "identity recovery insured" or any person aiding or abetting an "identity recovery insured", or by any "authorized representative" of an "identity recovery insured", whether 

acting alone or in collusion with others. However, this exclusion shall not 

apply to the interests of an "identity

recovery insured" who has no

knowledge of or involvement in such 

fraud, dishonesty or criminal act.

b. Professional or Business Identity

The theft of a professional or business identity.

c. Unreported Identity Theft

An "identity theft" that is not reported

in writing to the police.

3. Applicable to Insuring Agreements A, B

and C:

This insurance does not apply to "loss" or "claims" based upon, attributable to or 

arising out of:

a. Nuclear

Nuclear reaction or radiation or radioactive contamination, however 

caused. b. War

(1) War, including undeclared or civil war or civil unrest;

(2) Warlike action by military force,

including action hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or 

other agents; or

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

taken by government authority in

hindering or defending against 

any of these.

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SECTION II - LIMITS OF INSURANCE AND DEDUCTIBLE

A. Insuring Agreement A - Response Expenses:

1. The most we will pay under Insuring 

Agreement A - Response Expenses is the 

Response Expenses Limit of Insurance 

stated in the Declarations. 2. The Response Expenses Limit of Insurance is an annual aggregate limit. This

amount is the most we will pay for the total of all "loss" covered under Insuring 

Agreement A - Response Expenses arising out of all "personal data compromise" events which are first discovered by you 

during the "coverage term". This limit applies regardless of the number of "personal data compromise" events discovered by you during that period. 3. A "personal data compromise" may be 

first discovered by you in one "coverage 

term" but cause covered "loss" in one or 

more subsequent "coverage terms". If so, all covered "loss" arising from such "personal data compromise" will be subject to

the Response Expenses Limit of Insurance applicable to the "coverage term" when the "personal data compromise" was first discovered by you.

4. The most we will pay under Insuring 

Agreement A - Response Expenses for "loss" arising from any "malware-related

compromise" is the Named Malware sublimit stated in the Declarations. This sublimit is included within and not in addition 

to the Aggregate Limit of Insurance referenced in Paragraph 2. For the purpose of 

the Named Malware sublimit, all "malware-related compromises" that are 

caused, enabled or abetted by the same

virus or other malicious code are considered to be a single "personal data compromise". 5. The most we will pay under Insuring 

Agreement A - Response Expenses for 

Forensic IT Review, Legal Review, PR 

Services, Regulatory Fines and Penalties 

and PCI Fines and Penalties coverages

for "loss" arising from any one "personal 

data compromise" is the applicable sublimit for each of those coverages stated in 

the Declarations. These sublimits are part 

of, and not in addition to, the Aggregate 

Limit of Insurance referenced in Paragraph 2. PR Services coverage is also 

subject to a limit per "affected individual" as described in Section I., A.1.b.(5) PR 

Services.

6. Coverage for Services to "affected individuals" is limited to costs to provide such

services for a period of up to one year 

from the date of the notification to the "affected individuals". Notwithstanding the

foregoing, coverage for Identity Restoration Case Management services initiated 

within such one year period may continue

for a period of up to one year from the 

date such Identity Restoration Case Management services are initiated.

7. Response Expenses coverage is subject 

to the Response Expenses Deductible 

stated in the Declarations. You shall be 

responsible for such deductible amount 

as respects each "personal data compromise" covered under this Coverage 

Part. We may, at our option, pay any part

or all of the deductible amount in order to 

respond effectively to a "personal data 

compromise" and, upon notification of the 

action taken, you shall promptly reimburse 

us for such part of the deductible amount 

as has been paid by us. B. Insuring Agreement B - Defense and Liability:

1. The most we will pay under Insuring 

Agreement B - Defense and Liability (other than post-judgment interest) is the Limit 

of Insurance stated in the Declarations. 2. The Insuring Agreement B - Defense and 

Liability Limit of Insurance is an annual 

aggregate limit. This amount is the most 

we will pay for all "loss" covered under Insuring Agreement B - Defense and Liability (other than post-judgment interest)

arising out of all "claims". 3. The most we will pay under Defense and 

Liability coverage for "loss" arising from 

any "malware-related compromise" is the 

Named Malware sublimit stated in the 

Declarations. This sublimit is included

within and not in addition to the Aggregate 

Limit of Insurance referenced in Paragraph 2. For the purpose of the Named

Malware sublimit, all "malware-related

compromises" that are caused, enabled 

or abetted by the same virus or other malicious code are considered to be a single "claim". 4. The Defense and Liability Limit of Insurance for the Extended Reporting Periods

(if applicable) shall be part of, and not in 

addition to, the Defense and Liability Limit 

for the immediately preceding "coverage 

term". 5. The Insuring Agreement B - Defense and 

Liability coverage is subject to the Deductible stated in the Declarations. You shall 

be responsible for such deductible 

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amount as respects each "claim" covered

under this Coverage Part. We may, at our

option, pay any part or all of the deductible amount to defend or effect settlement 

of any "claim" or "loss" and, upon notification of the action taken, you shall promptly

reimburse us for such part of the deductible amount as has been paid by us. C. Insuring Agreement C - Identity Recovery:

1. Case Management Service is available as

needed for any one "identity theft" for up 

to 12 consecutive months from the inception of the service. Expenses we incur to 

provide Case Management Service do not

reduce the Limit of Insurance available for "identity recovery expenses". 2. Coverage under Insuring Agreement C -

Identity Recovery is subject to the Annual 

Aggregate Limit of Insurance stated in the 

Declarations per "identity recovery insured". Regardless of the number of "identity theft" incidents, this limit is the

most we will pay for the total of all "loss" arising out of all "identity thefts" suffered 

by one "identity recovery insured" which 

are first discovered by the "identity recovery insured" during the "coverage term". If

an "identity theft" is first discovered in one "coverage term" and continues into other "coverage terms", all "loss" arising from 

such "identity theft" will be subject to the

aggregate Limit of Insurance applicable to 

the "coverage term" when the "identity

theft" was first discovered.

3. Legal costs as provided under Item d. of

the definition of "identity recovery expenses" are part of, and not in addition to, the 

aggregate limit described in Paragraph 2.

4. Item e. (Lost Wages) and Item f. (Child 

and Elder Care Expenses) of the definition of "identity recovery expenses" are

jointly subject to the sublimit stated in the

Declarations. This sublimit is part of, and 

not in addition to, the aggregate Limit of 

Insurance described in Paragraph 2. Coverage is limited to wages lost and expenses incurred within 12 months after 

the first discovery of the "identity theft" by 

the "identity recovery insured". 5. Item g. (Mental Health Counseling) of the

definition of "identity recovery expenses"

is subject to the sublimit stated in the 

Declarations. This sublimit is part of, and 

not in addition to, the aggregate limit described in Paragraph 2. Coverage is limited to counseling that takes place within 

12 months after the first discovery of the "identity theft" by the "identity recovery insured".

6. Item h. (Miscellaneous Unnamed Costs)

of the definition of "identity recovery expenses" is subject to the sublimit stated in 

the Declarations. This sublimit is part of, and not in addition to, the aggregate Limit 

of Insurance described in Paragraph 2.

Coverage is limited to costs incurred within 12 months after the first discovery of 

the "identity theft" by the "identity recovery 

insured". 7. Coverage under Insuring Agreement C -

Identity Recovery is subject to the Identity 

Recovery Deductible stated in the Declarations. Each "identity recovery insured" shall be responsible for such deductible 

amount only once during each "coverage 

term". This deductible applies only to

"identity recovery expenses". The Limits of Insurance apply separately to each

"coverage term". SECTION III - DEFENSE AND SETTLEMENT

The provisions contained within this Section apply 

only to Insuring Agreement B - Defense and Liability.

1. We will have the right and duty to select counsel and defend the "insured" against any "claim" covered by Insuring Agreement B - Defense and Liability, regardless of whether the 

allegations of such "claim" are groundless, 

false or fraudulent. However, we shall have no 

duty to defend the "insured" against any

"claim" seeking damages or other relief not insured by Insuring Agreement B - Defense and

Liability. 2. We may, with your written consent, make any

settlement of a "claim" which we deem reasonable. If you withhold consent to such settlement, our liability for all "loss" resulting from 

such "claim" will not exceed the amount for

which we could have settled such "claim" plus "defense costs" incurred as of the date we 

proposed such settlement in writing to you.

3. We shall not be obligated to pay any "loss", or 

to defend or continue to defend any "claim", after the Insuring Agreement B - Defense and 

Liability Limit of Insurance has been exhausted.

4. We shall pay all interest on that amount of any

judgment within the Insuring Agreement B - Defense and Liability Limit of Insurance which 

accrues:

a. After entry of judgment; and

b. Before we pay, offer to pay or deposit in 

court that part of the judgment within the 

Insuring Agreement B - Defense and Liability Limit of Insurance or, in any case, 

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suring Agreement B - Defense and Liability Limit of Insurance. These interest payments shall be in addition to 

and not part of the Defense and Liability Limit.

SECTION IV – CONDITIONS

1. Bankruptcy 

Your bankruptcy, or the bankruptcy of your estate if you are a sole proprietor, will not relieve 

us of our obligations under this Coverage Part.

2. Due Diligence

You agree to use due diligence to prevent and 

mitigate "loss" covered under this Coverage

Part. This includes, but is not limited to, complying with, and requiring your vendors to 

comply with, reasonable and industry- accepted protocols for:

a. Providing and maintaining appropriate 

physical security for your premises, computer systems and hard copy files;

b. Providing and maintaining appropriate

computer and Internet security;

c. Maintaining and updating at appropriate 

intervals backups of computer data;

d. Protecting transactions, such as processing credit card, debit card and check

payments; and

e. Appropriate disposal of files containing "personally identifying information" or "personally sensitive information", including shredding hard copy files and destroying physical media used to store electronic data.

3. Duties in the Event of a Claim or Loss

a. If, during the "coverage term", the "insured" first becomes aware of any circumstance that could reasonably be expected to give rise to a "claim", the "insured" may give written notice to us. The 

notice must be made as soon as practicable, but in no event more than 60 days 

after the date the circumstance is first discovered by the "insured", must be made 

during the "coverage term" and must include:

(1) The specific details, including the

date, of the circumstance;

(2) The alleged injuries or damage sustained or which may be sustained;

(3) The names of potential claimants; 

and

(4) The manner in which the "insured"

first became aware of the circumstance.

Any subsequent "claim" arising out of any 

circumstance which is the subject of such 

a written notice will be deemed to have 

been made at the time written notice in

compliance with these requirements was

first received by us. b. If a "claim" is brought against any "insured", you must:

(1) Immediately record the specifics of

the "claim" and the date received; 

and

(2) Provide us with written notice, as

soon as practicable, but in no event 

more than 60 days after the date the "claim" is first received by you.

(3) Immediately send us copies of any 

demands, notices, summonses or legal papers received in connection 

with the "claim";

(4) Authorize us to obtain records and

other information;

(5) Cooperate with us in the investigation, settlement or defense of the "claim";

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

enforcement of any right against any 

person or organization which may be 

liable to you because of "loss" to 

which this insurance may also apply; 

and

(7) Not take any action, or fail to take any 

required action, that prejudices your 

rights or our rights with respect to 

such "claim". c. In the event of a "personal data compromise" covered under Insuring Agreement 

A - Response Expenses, you must see 

that the following are done:

(1) Notify the police if a law may have 

been broken.

(2) Notify us as soon as practicable, but

in no event more than 60 days after 

the "personal data compromise". Include a description of any property 

involved.

(3) As soon as possible, give us a description of how, when and where the "personal data compromise" occurred.

(4) As often as may be reasonably required, permit us to:

(a) Inspect the property proving the

"personal data compromise";

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(b) Examine your books, records, electronic media and records

and hardware;

(c) Take samples of damaged and

undamaged property for inspection, testing and analysis; and

(d) Make copies from your books, records, electronic media and

records and hardware.

(5) Send us signed, sworn proof of loss

containing the information we request 

to investigate the "personal data

compromise". You must do this within 

60 days after our request. We will 

supply you with the necessary forms.

(6) Cooperate with us in the investigation

of the "personal data compromise" or 

settlement of the "loss".

(7) If you intend to continue your business, you must resume all or part of

your operations as quickly as possible.

(8) Make no statement that will assume 

any obligation or admit any liability, 

for any loss for which we may be liable, without our prior written consent.

(9) Promptly send us any legal papers or 

notices received concerning the "personal data compromise" or "loss". d. 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" or "loss", including an "insured's" books and 

records. In the event of an examination, 

an "insured's" answers must be signed.

e. No "insured" may, except at their own

cost, voluntarily make a payment, assume 

any obligation, or incur any expense without our prior written consent.

4. Help Line

For assistance, the "identity recovery insured" should call the Identity Recovery Help Line

at 1-866-219-9831. The Identity Recovery 

Help Line can provide the "identity recovery 

insured" with:

a. Information and advice for how to respond 

to a possible "identity theft"; and

b. Instructions for how to submit a service 

request for Case Management Service 

and/or a claim form for Expense Reimbursement Coverage.

In some cases, we may provide Case 

Management services at our expense to 

an "identity recovery insured" prior to a

determination that a covered "identity

theft" has occurred. Our provision of such

services is not an admission of liability

under the policy. We reserve the right to 

deny further coverage or service if, after 

investigation, we determine that a covered "identity theft" has not occurred.

As respects Expense Reimbursement 

Coverage, the "identity recovery insured" must send to us, within 60 days after our 

request, receipts, bills or other records

that support his or her claim for "identity

recovery expenses". 5. Legal Action Against Us

a. No person or organization has a right:

(1) To join us as a party or otherwise 

bring us into a suit asking for damages from an "insured"; or

(2) To sue us under this Coverage Part 

unless all of its terms have been fully 

complied with.

A person or organization may sue us to 

recover on an agreed settlement or on a 

final judgment against an "insured"; but 

we will not be liable for damages that are 

not payable under this Coverage Part, or 

that are in excess of the applicable Aggregate Limit of Insurance. An agreed settlement means a settlement and release

of liability signed by us, the first "named

insured" and the claimant or the claimant's legal representative.

b. You may not bring any legal action 

against us involving "loss":

(1) Unless you have complied with all the 

terms of this insurance;

(2) Until 90 days after you have filed 

proof of "loss" with us; and

(3) Unless brought within 2 years from 

the date you reported the "claim" or "loss" to us.

If any limitation in this condition is prohibited by 

law, such limitation is amended so as to equal 

the minimum period of limitation provided by

such law. 6. Legal Advice

We are not your legal advisor. Our determination of what is or is not covered under this 

Coverage Part does not represent advice or 

counsel from us about what you should or 

should not do.

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7. Office of Foreign Assets Control (OFAC) 

Compliance

Whenever insurance coverage provided by

this policy would be in violation of any United 

States economic or trade sanctions, such insurance coverage shall be null and void.

8. Other Insurance

a. If any covered "loss" is covered by any 

other valid policy, then this Coverage Part 

shall apply only in excess of the amount 

of any deductible, retention and limit of insurance under such other policy whether 

such other policy is stated to be primary, 

contributory, excess, contingent or otherwise, unless such other policy is written 

specifically excess of this Coverage Part 

by reference in such other policy to this

policy's policy number. b. When this insurance is excess, we will 

have no duty to defend the "insured" against any "claim" if any other insurer 

has a duty to defend the "insured" against 

that "claim". But we will have the right to

associate in the defense and control of 

any "claim" that we reasonably believe is 

likely to involve the insurance provided 

under this Coverage Part. If no other insurer defends, we will undertake to do so, 

but we will be entitled to the "insured's"

rights against all those other insurers. 9. Pre-Notification Consultation

You agree to consult with us prior to the issuance of notification to "affected individuals". We assume no responsibility under this Coverage Part for any services promised to "affected individuals" without our prior agreement. If possible, this pre-notification consultation will also include the designated service 

provider(s) as agreed to under Condition 12. Service Providers. You must provide the following at our pre-notification consultation with

you:

a. The exact list of "affected individuals" to 

be notified, including contact information.

b. Information about the "personal data

compromise" that may appropriately be 

communicated with "affected individuals". c. The scope of services that you desire for 

the "affected individuals". For example, 

coverage may be structured to provide 

fewer services in order to make those 

services available to more "affected individuals" without exceeding the available

Response Expenses Limit.

10. Representations

You represent that all information and statements contained in any application or questionnaire submitted in connection with this

Coverage Part are true, accurate and complete. All such information and statements are 

the basis for our issuing this Coverage Part 

and shall be considered as incorporated into 

and shall constitute a part of this Coverage 

Part. Misrepresentation or omission of any material fact may be grounds for the rescission of 

this Coverage Part.

11. Separation of Insureds

Except with respect to the applicable Limit of 

Insurance, and any rights or duties specifically

assigned in this Coverage Part or the policy to 

which it is attached, to the first "named insured", this insurance applies separately to

each "insured" against whom a "claim" is

made.

12. Service Providers

a. We will only pay under this Coverage Part 

for services that are provided by service 

providers approved by us. You must obtain our prior approval for any service provider whose expenses you want covered 

under this Coverage Part. We will not unreasonably withhold such approval.

b. Prior to the Pre-Notification Consultation 

described in the Pre-Notification Consultation Condition above, you must come to 

agreement with us regarding the service 

provider(s) to be used for the Notification 

to Affected Individuals and Services to Affected Individuals. We will suggest a service provider. If you prefer to use an alternate service provider, our coverage is

subject to the following limitations:

(1) Such alternate service provider must 

be approved by us;

(2) Such alternate service provider must 

provide services that are reasonably 

equivalent or superior in both kind

and quality to the services that would 

have been provided by the service 

provider we had suggested; and

(3) Our payment for services provided by 

any alternate service provider will not 

exceed the amount that we would 

have paid using the service provider

we had suggested.

13. Services

The following conditions apply as respects any

services provided to you or any "affected individual" or "identity recovery insured" by us, our 

designees or any service firm paid for in whole 

or in part under this Coverage Part:

a. The effectiveness of such services depends on the cooperation and assistance 

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of you, "affected individuals" and "identity

recovery insureds". b. All services may not be available or applicable to all individuals. For example, "affected individuals" and "identity recovery

insureds" who are minors or foreign nationals may not have credit records that 

can be provided or monitored. Service in 

Canada will be different from service in 

the United States and Puerto Rico in accordance with local conditions. c. We do not warrant or guarantee that the 

services will end or eliminate all problems

associated with the covered events. d. Except for the services of an "identity recovery case manager" under Insuring 

Agreement C - Identity Recovery, which

we will provide directly, you will have a direct relationship with the professional service firms paid for in whole or in part under this Coverage Part. Those firms work

for you.

14. Subrogation

With respect to any payment under this Coverage Part on behalf of any "insured", we shall

be subrogated to the "insured's" rights of recovery to the extent of such payment. The "insured" shall execute all papers required and 

shall do everything necessary to secure and 

preserve such rights, including the execution

of such documents necessary to enable us to 

bring suit in the "insured's" name. Any recoveries, less the cost of obtaining them, will be distributed as follows:

a. To you, until you are reimbursed for any

"loss" you sustain that exceeds the sum of 

the applicable Aggregate Limit of Insurance and the Deductible Amount, if any;

b. Then to us, until we are reimbursed for 

the payment under this Coverage Part;

c. Then to you, until you are reimbursed for 

that part of the payment equal to the Deductible Amount, if any. 15. Valuation - Settlement

All premiums, Limits of Insurance, Deductible 

Amounts, "loss" and any other monetary

amounts under this Coverage Part are expressed and payable in the currency of the 

United States of America. If judgment is rendered, settlement is agreed to or another

component of "loss" under this Coverage Part 

is expressed in any currency other than United 

States of America dollars, payment under this 

Coverage Part shall be made in United States 

dollars at the rate of exchange published in

The Wall Street Journal on the date the final 

judgment is entered, settlement amount is 

agreed upon, or the other component of "loss"

is due, respectively.

16. When We Do Not Renew

If we decide not to renew this Coverage Part, 

we will mail or deliver to the first "named insured" shown in the Declarations written notice 

of the nonrenewal not less than 30 days before 

the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V - EXTENDED REPORTING PERIODS

The provisions contained within this Section apply 

only to Insuring Agreement B - Defense and Liability.

1. You shall have the right to the Extended Reporting Periods described in this section, in the 

event that:

a. You or we cancel this Coverage Part;

b. You or we refuse to renew this Coverage 

Part; or

c. We renew this Coverage Part on other 

than a claims-made basis or with a retroactive date later than the Retroactive Date 

shown in the Declarations. 2. If an event as specified in Paragraph 1. has

occurred, you shall have the right to the following:

a. An Automatic Extended Reporting Period 

of 90 days after the effective date of cancellation or nonrenewal at no additional 

premium in which to give to us written notice of a "claim" of which you first receive 

notice during said Automatic Extended 

Reporting Period for any "personal data 

compromise" occurring on or after the

Retroactive Date shown on the Declarations and before the end of the "policy period" and which is otherwise covered by 

this Coverage Part; and

b. Upon payment of the additional premium 

stated in the Declarations, a Supplemental Extended Reporting Period for the 

term stated in the Supplemental Extended 

Reporting Period Endorsement will be 

provided immediately following the effective date of cancellation or nonrenewal in 

which to give to us written notice of a "claim" of which you first receive notice 

during said Supplemental Extended Reporting Period for any "personal data 

compromise" occurring on or after the

Retroactive Date shown in the Declarations and before the end of the "policy period" and which is otherwise covered by 

this Coverage Part.

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To obtain the Supplemental Extended 

Reporting Period, you must request it in 

writing and pay the additional premium 

due, within 60 days of the effective date of

cancellation or nonrenewal. The additional 

premium for the Supplemental Extended 

Reporting Period shall be fully earned at 

the inception of the Supplemental Extended Reporting Period. If we do not receive the written request as required, you 

may not exercise this right at a later date. c. The Defense and Liability Limit of Insurance for the Extended Reporting Periods

shall be part of, and not in addition to, the 

Defense and Liability Limit of Insurance 

for the immediately preceding "coverage 

term". SECTION VI - DEFINITIONS

1. "Affected individual" means any person who is

your current, former or prospective customer, 

client, patient, member, owner, student, "executive" or "employee" and whose "personally 

identifying information" or "personally sensitive 

information" is lost, stolen, accidentally released or accidentally published by a "personal 

data compromise" covered under this Coverage Part. This definition is subject to the following provisions:

a. "Affected individual" does not include any 

business or organization. Only an individual person may be an "affected individual". b. An "affected individual" must have a direct 

relationship with your interests as insured

under this policy. The following are examples of individuals who would not meet 

this requirement:

(1) If you aggregate or sell information 

about individuals as part of your 

business, the individuals about whom 

you keep such information do not 

qualify as "affected individuals". However, specific individuals may 

qualify as "affected individuals" for 

another reason, such as being an "employee" of yours.

(2) If you store, process, transmit or 

transport records, the individuals

whose "personally identifying information" or "personally sensitive information" you are storing, processing, transmitting or transporting 

for another entity do not qualify as

"affected individuals". However, specific individuals may qualify as "affected individuals" for another reason, such as being an "employee" of

yours.

(3) You may have operations, interests

or properties that are not insured under this policy. Individuals who have a 

relationship with you through such 

other operations, interests or properties do not qualify as "affected individuals". However, specific individuals may qualify as "affected individuals" for another reason, such as being an "employee" of the operation 

insured under this policy. c. An "affected individual" may reside any- where in the world. 2. "Authorized representative" means a person or 

entity authorized by law or contract to act on 

behalf of an "identity recovery insured". 3. "Claim":

a. Means:

(1) A civil proceeding in which it is alleged that one or more "affected individuals" suffered damages arising 

from:

(a) A "personal data compromise"

that was covered under Insuring

Agreement A - Response Expenses section of this Coverage 

Part and in connection with 

which you submitted a claim to

us and provided notifications and

services to "affected individuals"

in consultation with us pursuant 

to Insuring Agreement A - Response Expenses; or

(b) The violation of a governmental

statute or regulation arising from

a "personal data compromise"

that was covered under Insuring

Agreement A - Response Expenses and in connection with

which you submitted a claim to

us and provided notifications and

services to "affected individuals"

in consultation with us pursuant 

to Insuring Agreement A - Response Expenses.

(2) "Claim" includes:

(a) An arbitration proceeding in

which such damages are

claimed and to which the "insured" must submit or does

submit with our consent;

(b) Any other alternative dispute

resolution proceeding in which

such damages are claimed and

to which the "insured" must 

submit or does submit with our 

consent; or

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(c) A written demand for money, 

when such demand could reasonably result in a civil proceeding as described in this definition. b. Does not include any demand or action 

brought by or on behalf of someone who 

is:

(1) Your "executive";

(2) Your owner or part-owner; or

(3) A holder of your securities;

in their capacity as such, whether directly, derivatively, or by class action. "Claim" will 

include proceedings brought by such individuals in their capacity as "affected individuals", but only to the extent that the

damages claimed are the same as would 

apply to any other "affected individual". c. Does not include any demand or action 

brought by or on behalf of an organization, business, institution or any other party that 

is not an "affected individual" or governmental entity.

4. "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 AM

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 AM 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". 5. "Coverage territory" means:

a. With respect to Insuring Agreement A - Response Expenses, anywhere in the

world.

b. With respect to Insuring Agreement B - Defense and Liability, anywhere in the 

world, however, "claims" must be brought 

in the United States (including its territories and possessions), Puerto Rico or 

Canada. c. With respect to Insuring Agreement C -

Identity Recovery, anywhere in the world

6. "Data compromise liability":

a. Means the following, when they arise from

a "claim":

(1) Damages, judgments or settlements

to "affected individuals";

(2) Attorney's fees and other litigation

costs added to that part of any judgment paid by us, when such fees and 

costs are awarded by law or court order; and

(3) Pre-judgment interest on that part of 

any judgment paid by us. b. Does not include:

(1) Damages, judgments or settlements

to anyone who is not an "affected individual";

(2) Civil or criminal fines or penalties imposed by law;

(3) Punitive or exemplary damages;

(4) The multiplied portion of multiplied 

damages;

(5) Taxes; or

(6) Matters which may be deemed uninsurable under the applicable law. 7. "Defense costs":

a. Means reasonable and necessary expenses resulting solely from the investigation, defense and appeal of any "claim" against an "insured". Such expenses may 

be incurred by us. Such expenses may

include premiums for any appeal bond, attachment bond or similar bond. However, 

we have no obligation to apply for or furnish such bond. b. Do not include the salaries or wages of 

your "employees" or "executives", or your 

loss of earnings.

8. "Employee" means any natural person, other 

than an "executive", who was, now is or will 

be:

a. Employed on a full- or part-time basis by 

you;

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b. Furnished temporarily to you to substitute 

for a permanent "employee" on leave or to 

meet seasonal or short-term workload 

conditions;

c. Leased to you by a labor leasing firm under an agreement between you and the 

labor leasing firm to perform duties related to the conduct of your business, but 

does not mean a temporary employee as

defined in Paragraph 8.b.; or

d. Your volunteer worker, which includes

unpaid interns. 9. "Executive" means any natural person who 

was, now is or will be:

a. The owner of a sole proprietorship that is

a "named insured"; or

b. A duly elected or appointed:

(1) Director;

(2) Officer;

(3) Managing Partner;

(4) General Partner;

(5) Member (if a limited liability company);

(6) Manager (if a limited liability company); or

(7) Trustee, of a "named insured". 10. "Identity recovery case manager" means one 

or more individuals assigned by us to assist an "identity recovery insured" with communications we deem necessary for re-establishing 

the integrity of the personal identity of the "identity recovery insured". This includes, with

the permission and cooperation of the "identity

recovery insured", written and telephone 

communications with law enforcement authorities, governmental agencies, credit agencies 

and individual creditors and businesses. 11. "Identity recovery expenses" means the following when they are reasonable and necessary

expenses that are incurred as a direct result of

an "identity theft" suffered by an "identity recovery insured":

a. Costs for re-filing applications for loans,

grants or other credit instruments that are 

rejected solely as a result of an "identity

theft". b. Costs for notarizing affidavits or other 

similar documents, long distance telephone calls and postage solely as a result 

of your efforts to report an "identity theft" or amend or rectify records as to your true 

name or identity as a result of an "identity

theft". c. Costs for credit reports from established 

credit bureaus. d. Fees and expenses for an attorney approved by us for the following:

(1) The defense of any civil suit brought 

against an "identity recovery insured".

(2) The removal of any civil judgment 

wrongfully entered against an "identity recovery insured".

(3) Legal assistance for an "identity recovery insured" at an audit or hearing 

by a governmental agency.

(4) Legal assistance in challenging the 

accuracy of the "identity recovery insured's" consumer credit report.

(5) The defense of any criminal charges

brought against an "identity recovery 

insured" arising from the actions of a

third party using the personal identity 

of the "identity recovery insured". e. Actual lost wages of the "identity recovery

insured" for time reasonably and necessarily taken away from work and away

from the work premises. Time away from 

work includes partial or whole work days. Actual lost wages may include payment 

for vacation days, discretionary days, 

floating holidays and paid personal days. Actual lost wages does not include sick

days or any loss arising from time taken 

away from self-employment. Necessary 

time off does not include time off to do 

tasks that could reasonably have been 

done during non-working hours.

f. Actual costs for supervision of children or

elderly or infirm relatives or dependents of

the "identity recovery insured" during time 

reasonably and necessarily taken away

from such supervision. Such care must be 

provided by a professional care provider 

who is not a relative of the "identity recovery insured". g. Actual costs for counseling from a licensed mental health professional. Such 

care must be provided by a professional 

care provider who is not a relative of the "identity recovery insured". h. Any other reasonable costs necessarily

incurred by an "identity recovery insured" as a direct result of the "identity theft".

(1) Such costs include:

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(a) Costs by the "identity recovery 

insured" to recover control over 

his or her personal identity.

(b) Deductibles or service fees from

financial institutions.

(2) Such costs do not include:

(a) Costs to avoid, prevent or detect "identity theft" or other loss.

(b) Money lost or stolen.

(c) Costs that are restricted or excluded elsewhere in this Coverage Part or policy.

12. "Identity recovery insured" means the following:

a. When the entity insured under this Coverage Part is a sole proprietorship, the "identity recovery insured" is the individual 

person who is the sole proprietor of the "named insured". b. When the "named insured" under this

Coverage Part is a partnership, the "identity recovery insureds" are the current 

partners. c. When the "named insured" under this

Coverage Part is a corporation or other 

form of organization, other than those described in a. or b. above, the "identity recovery insureds" are all individuals having

an ownership position of 20% or more of 

the insured entity. However, if and only if 

there is no one who has such an ownership position, then the "identity recovery

insured" shall be:

(1) The chief executive of the insured entity; or

(2) As respects a religious institution, the 

senior ministerial employee.

d. The legally recognized spouse of any individual described in a., b. or c. above. An "identity recovery insured" must always be

an individual person. The "named insured" under this Coverage Part is not an "identity recovery insured". 13. "Identity theft" means the fraudulent use of "personally identifying information". This includes fraudulently using such information to 

establish credit accounts, secure loans, enter 

into contracts or commit crimes. 

"Identity theft" does not include the fraudulent 

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

method of identifying a business activity.

14. "Insured" means:

a. With respect to Insuring Agreement A - Response Expenses any "named insured". b. With respect to Insuring Agreement B - Defense and Liability:

(1) Any "named insured"; and

(2) Any "employee" or "executive" of a "named insured", but:

(a) Only for the conduct of the

"named insured's" business within the scope of his or her employment or duties as an "executive"; and

(b) Such "employee" or "executive" shall not be an "insured" to the

extent his or her actions or 

omissions are criminal, fraudulent, dishonest or constitute an

intentional or knowing violation of

the law.

c. With respect to Insuring Agreement C -

Identity Recovery any "named insured". 15. "Loss" means:

a. With respect to Insuring Agreement A - Response Expenses:

Those expenses enumerated in Section I, A., Paragraph 1.b. b. With respect to Insuring Agreement B - Defense and Liability:

(1) "Defense costs"; and

(2) "Data compromise liability". c. With respect to Insuring Agreement C -

Identity Recovery, "identity recovery expenses". 16. "Malware-related compromise" means a "personal data compromise" that is caused, enabled or abetted by a virus or other malicious

code that, at the time of the "personal data 

compromise", is named and recognized by the 

CERT® Coordination Center, McAfee®, Secunia, Symantec or other comparable third 

party monitors of malicious code activity.

17. "Named insured" means the entity or entities 

shown in the Declarations as a Named Insured. 18. "Personal data compromise" means the loss, 

theft, accidental release or accidental publication of "personally identifying information" or "personally sensitive information" as respects

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mation", such loss, theft, accidental release or 

accidental publication must result in or have 

the reasonable possibility of resulting in the 

fraudulent use of such information. This definition is subject to the following provisions:

a. At the time of the loss, theft, accidental release or accidental publication, the "personally identifying information" or "personally sensitive information" need not be 

at the insured premises but must be in the 

direct care, custody or control of:

(1) You; or

(2) A professional entity with which you 

have a direct relationship and to 

which you (or an "affected individual" at your direction) have turned over 

(directly or via a professional transmission or transportation provider) 

such information for storage, processing, transmission or transportation of such information. b. "Personal data compromise" includes disposal or abandonment of "personally identifying information" or "personally sensitive 

information" without appropriate safeguards such as shredding or destruction, subject to the following provisions:

(1) The failure to use appropriate safeguards must be accidental and not

reckless or deliberate; and

(2) Such disposal or abandonment must 

take place during the time period for 

which this Coverage Part is effective. c. "Personal data compromise" includes situations where there is a reasonable 

cause to suspect that such "personally 

identifying information" or "personally 

sensitive information" has been lost, stolen, accidentally released or accidentally

published, even if there is no firm proof. d. All incidents of "personal data compromise" that are discovered at the same

time or arise from the same cause will be 

considered one "personal data compromise". 19. "Personally identifying information" means information, including health information, that 

could be used to commit fraud or other illegal 

activity involving the credit, access to health 

care or identity of an "affected individual" or "identity recovery insured". This includes, but 

is not limited to, Social Security numbers or 

account numbers.

"Personally identifying information" does not

mean or include information that is otherwise 

available to the public, such as names and 

addresses. 20. "Personally sensitive information" means private information specific to an individual the 

release of which requires notification of "affected individuals" under any applicable law.

"Personally sensitive information" does not 

mean or include "personally identifying

information". 21. "Policy period" means the cumulative total of

each individual "coverage term" comprising

the period of time from the inception date of 

this Coverage Part shown in the Declarations

to the expiration date shown in the Declarations, or its earlier cancellation or termination 

date.

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HC 460 IL 03 16 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CINCINNATI DATA

DEFENDER

TM COVERAGE PART

This endorsement modifies insurance provided under the following:

CINCINNATI DATA DEFENDERTM COVERAGE PART

A. SECTION II - LIMITS OF INSURANCE AND 

DEDUCTIBLE is amended to delete in their 

entirety subparagraphs 1. and 2. of Paragraph 

B. and replace them with the following:

1. The most we will pay under Insuring 

Agreement B - Defense and Liability (other than pre and post-judgment interest) is

the Limit of Insurance stated in the Declarations. 2. The Insuring Agreement B - Defense and

Liability Limit of Insurance is an annual 

aggregate limit. This amount is the most 

we will pay for all "loss" covered under Insuring Agreement B - Defense and Liability (other than pre and post-judgment interest) arising out of all "claims". B. SECTION III - DEFENSE AND SETTLEMENT

is amended to delete in its entirety Paragraph

4. and replace it with the following:

4. We shall pay all interest on that amount of

any judgment within the Insuring Agreement B - Defense and Liability Limit of Insurance which accrues:

a. Before entry of judgment; or

b. After entry of judgment, but before 

we pay, offer to pay or deposit in 

court that part of the judgment within 

the Insuring Agreement B - Defense

and Liability Limit of Insurance or, in 

any case, before we pay or offer to 

pay the entire Insuring Agreement B - Defense and Liability Limit of Insurance. These interest payments shall be in addition to and not part of the Defense and Liability Limit.

C. The following is added to SECTION IV - CONDITIONS, 5. Legal Action Against Us:

The 2 year period for legal action against us is 

extended by the number of days between the 

date the proof of "loss" is filed with us and the 

date we deny the "claim" in whole or in part.

D. SECTION IV - CONDITIONS is amended to

delete in its entirety Condition 7. and replace it 

with the following:

7. Office of Foreign Assets Control 

(OFAC) Compliance

Whenever insurance coverage provided 

by this policy would be in violation of any 

United States economic or trade sanctions, such insurance coverage will not be 

provided. E. SECTION IV - CONDITIONS is amended to

delete in its entirety Condition 8. and replace it 

with the following:

8. Other Insurance

If any "loss" resulting from any "claim" is

insured by any other valid policy, we shall 

not be liable under this policy for a greater 

proportion of such "loss" than the applicable Limit of Insurance stated in the Declarations bears to the total applicable limit of 

liability of all valid and collectible insurance against such "loss", unless such

other insurance is purchased specifically

to apply in excess of the Limit of Liability

stated in the Declarations of this policy. F. SECTION IV - CONDITIONS is amended to 

delete in its entirety Condition 10. and replace 

it with the following:

10. Representations

You represent that all information and 

statements contained in any application or 

questionnaire submitted in connection

with this Coverage Part are true, accurate 

and complete. All such information and

statements are the basis for our issuing 

this Coverage Part and shall be considered as incorporated into and shall constitute a part of this Coverage Part. Misrepresentation or omission of any material 

fact may be grounds for the rescission of

the policy if such misrepresentation is

made with actual intent to deceive or materially affects either the acceptance of the

risk or the hazard assumed by the company. G. SECTION VI - DEFINITIONS is amended to 

delete definition 6. "Data compromise liability"

in its entirety and replace it with the following:

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HC 460 IL 03 16 Services Office, Inc., with its permission. Page 2 of 2

6. "Data compromise liability":

a. Means the following, when they arise 

from a "claim":

(1) Damages, judgments or settlements to "affected individuals"; 

and

(2) Attorney's fees and other litigation costs added to that part of

any judgment paid by us, when

such fees and costs are awarded by law or court order.

b. Does not include:

(1) Damages, judgments or settlements to anyone who is not an

"affected individual";

(2) Civil or criminal fines or penalties

imposed by law;

(3) Punitive or exemplary damages;

(4) The multiplied portion of multiplied damages;

(5) Taxes; or

(6) Matters which may be deemed

uninsurable under the applicable

law.

H. The following is added to definition 7. "Defense costs"in SECTION VI - DEFINITIONS:

"Defense costs": 

c. Do not include the salaries of our employ- ees or the salaries of your staff attorneys.

I. The term spouse is replaced by the following:

Spouse or party to a civil union recognized under Illinois law.

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