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3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 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 ex pected or intended from the standpoint of the insured. This exclusion does not ap ply to bodily injury resulting from the use of reasonable force to protect per sons or property. 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 proper ty damage occurs subsequent to the execution of the contract or agree ment. Solely for the purposes of li ability assumed in an insured con tract reasonable attorneys fees and necessary litigation expenses in curred by or for a party other than an insured are deemed to be damages because of bodily injury or prop erty damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litiga tion expenses are for defense of that party against a civil or alter native dispute resolution pro ceeding in which damages to which this insurance applies are alleged. 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 even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employ ment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage in volved that which is described in Para graph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your prem ises for consumption on your premises whether or not a fee is charged or a li cense is required for such activity is not by itself considered the business of sell ing serving or furnishing alcoholic bev erages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability bene fits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured aris ing out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s busi ness or Insurance Services Office Inc. 2012 Page 2 of 17 CG 00010413
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2 The spouse child parent brother or sister of that employee as a con sequence of Paragraph 1 above. This exclusion applies whether the in sured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an in sured contract. Pollution 1 Bodily injury or property dam age arising out of the actual al leged or threatened discharge dispersal seepage migration re lease or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or origi nating from equipment that is used to heat cool or de humidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an addi tional insured with respect to your ongoing operations performed for that addition al insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or b d iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 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 Which are or were at any time transported handled stored treated disposed of or pro cessed as waste by or for i Any insured or i Any person or organization for whom you may be legal ly responsible or At or from any premises site or location on which any insured or any contractors or subcontrac tors working directly or indirect ly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This excep tion does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other op erating fluids or if such fu els lubricants or other oper ating fluids are brought on or to the premises site or lo cation with the intent that they be discharged dis persed or released as part of a6L96519 Insurance Services Office Inc. 2012 CG 00010413 Page 3 of 17
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the operations being per formed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contrac tor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontrac tors working directly or indirect ly on any insured s behalf are performing operations if the op erations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the ef fects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statu tory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neu tralize or in any way respond to or assess the effects of pollu tants or b Claim or suit by or on behalf of a governmental authority for dam ages because of testing for monitoring cleaning up remov ing containing treating detox ifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages be cause of property damage that the insured would have in the absence of such request demand order or stat utory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership mainten ance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hir ing employment training or monitoring of others by that insured if the occur rence which caused the bodily injury or property damage involved the own ership maintenance use or entrustment to others of any aircraft auto or water craft 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 prem ises you own or rent 2 A watercraft you do not own that is Y a Less than 26 feet long and b Not being used to carry persons or property for acharge 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 in sured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property dam age arising out of a The operation of machinery or equipment that is attached to or part of aland vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or princi pally garaged or b The operation of any of the ma chinery or equipment listed in Paragraph f.2 or f.3 of the definiton of mobile equip ment. Insurance Services Office Inc. 2012 Page 4 of 17 CG 00010413
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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 rac ing speed demolition or stunting activity. War Bodily injury or property damage however caused arising directly or indi rectly out of 1 War including undeclared or civil war 2 Warlike action by a military force in cluding action in hindering or de fending against an actual or expect ed 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. 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 restora tion or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those prem ises 3 Property loaned to you 4 Personal property in the care custo dy or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are per forming operations if the property damage arises out of those oper ations or 6 That particular part of any property that must be restored repaired or re placed because your work was in correctly performed on it. Paragraphs 1 3 and 4 of this exclu sion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Prem ises Rented To You as described in Sec tion Il 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. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work aris ing out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Prop erty Not Physically Injured Property damage to impaired proper ty or property that has not been phys ically 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. a6L96519 Insurance Services Office Inc. 2012 CG 00010413 Page 5 of 17
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Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or ex pense incurred by you or others for the loss of use withdrawal recall inspec tion repair replacement adjustment re moval 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 because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of in ability to access or inability to manipu late electronic data. However this exclusion does not apply to liability for damages because of bod ily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer soft ware including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing de vices or any other media which are used with electronically controlled equipment. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any ac tion or omission that violates or is al leged to violate 1 The Telephone Consumer Protection Act TCPA including any amend ment of or addition to such law 2 The CAN SPAM Act of 2003 includ ing any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Ac curate Credit Transactions Act FACTA or 4 Any federal state or local statute or dinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and ad ditions that addresses prohibits or limits the printing dissemination disposal collecting recording send ing transmitting communicating or distribution of material or informa tion. Exclusions. through n. do not apply to dam age by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Sec tion Il Limits Of Insurance. 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 dam ages because of personal and advertis ing injury to which this insurance ap plies. 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 of fense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applica ble limit of insurance in the payment of judgments or settlements under Coverages A or B or medical ex penses under Coverage C. No other obligation or liability to pay sums or perform acts or services is cov ered unless explicitly provided for under Supplementary Payments Coverages A and B. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the cov erage territory during the policy period. Insurance Services Office Inc. 2012 Page 6 of 17 CG 00010413
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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. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publica tion took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclu sion does not apply to liability for dam ages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an im plied contract to use another s advertis ing idea in your advertisement. Quality Or Performance Of Goods Fail ure 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 advertisemen 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. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright pat ent trademark trade secret or other in tellectual property rights. Under this ex clusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury com mitted by an insured whose business is 1 Advertising broadcasting publish ing 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 14.a. b. and c. of person al and advertising injury under the Defi nitions section. 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 broadcast ing publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 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 po tential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. a6L96519 Insurance Services Office Inc. 2012 CG 00010413 Page 7 of 17
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Pollution 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 de toxify or neutralize or in any way re spond 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. War Personal and advertising injury how ever caused arising directly or indirect ly out of 1 War including undeclared or civil war 2 Warlike action by a military force in cluding action in hindering or de fending against an actual or expect ed 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. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to vio late 1 The Telephone Consumer Protection Act TCPA including any amend ment of or addition to such law 2 The CAN SPAM Act of 2003 includ ing any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Ac curate Credit Transactions Act FACTA or 4 Any federal state or local statute or dinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and ad ditions that addresses prohibits or limits the printing dissemination disposal collecting recording send ing transmitting communicating or distribution of material or informa tion. 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 a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. 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 pros thetic devices and 3 Necessary ambulance hospital pro fessional nursing and funeral ser vices. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Insurance Services Office Inc. 2012 Page 8 of 17 CG 00010413
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g. Al interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid of fered to pay or deposited in court the part of the judgment that is within the ap plicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has as sumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the in formation we know about the occur rence are such that no conflict appears to exist between the interests of the in sured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the inves tigation settlement or defense of the suit b Immediately send us copies of any demands notices sum monses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and c. Injury On Normally Occupied Premises To a person injured on that part of prem ises you own or rent that the person nor mally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employ ee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing in structing or participating in any physical exercises or games sports or athletics contests. 61506798 f. Products Completed Operations Hazard Included within the products completed operations hazard. 002842 g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we in vestigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law viola tions arising out of the use of any vehicle to which the Bodily Injury Liability Cov erage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the ap plicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attor neys expenses taxed against the in sured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Insurance Services Office Inc. 2012 CG 00010413 Page 9 of 17
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2 Provides us with written authoriza tion to a Obtain records and other infor mation related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met at torneys fees incurred by us in the defense of that indemnitee necessary litigation ex penses incurred by us and necessary litiga tion expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section 1 Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of in surance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplemen tary Payments ends when we have used up the applicable limit of insurance in the pay ment of judgments or settlements or the con ditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also in sureds but only with respect to the con duct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive of ficers 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. Atrust 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 per forming duties related to the conduct of your business or your employees oth er than either your executive officers if you are an organization other than a part nership 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 employ ment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and ad vertising injury 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 coem ployee while in the course of his or her employment or per forming 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 em ployee or volunteer worker as a consequence of Paragraph 1a 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 Paragraph 1a or b above or d Arising out of his or her provid ing or failing to provide profes sional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which phys ical control is being exercised 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 alimited liability company. Office Inc. 2012 CG 00010413 Insurance Services Office Inc. 2012 Page 10 of 17
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o 162 b. Any person other than your employee or volunteer worker or any organiza tion while acting as your real estate man ager. c. Any person or organization having prop er 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. 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 oth er similar insurance available to that organi zation. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily in jury or property damage that occurred before you acquired or formed the orga nization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with 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 Dec larations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara tions 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. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except dam ages because of bodily injury or prop erty damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggre gate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and adver tising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above which ever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage Aand b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occur rence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or tem porarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one per son. The Limits of Insurance of this Coverage Part ap ply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the poli cy period is extended after issuance for an addi tional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. Insurance Services Office Inc. 2012 CG 00010413 Page 11 of 17
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2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should in clude 1 How when and where the occur rence or offense took place 2 The names and addresses of any in jured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occur rence or offense. 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. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or le gal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investiga tion or settlement of the claim or de fense 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 in jury or damage to which this insur ance may also apply. 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 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 un der 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 in sured and the claimant or the claimant s legal representative. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insur ance is primary our obligations are not affected unless any of the other insur ance is also primary. Then we will share with all that other insurance by the meth od described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over Any of the other insurance whether primary excess contin gent or on any other basis i That is Fire Extended Cov erage Builder s Risk Instal lation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the own er That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occu pied by you with permission of the owner or iv If the loss arises out of the maintenance or use of air craft autos or watercraft to the extent not subject to Exclusion g. of Section 1 Coverage A Bodily Injury And Property Damage Li ability. Insurance Services Office Inc. 2012 Page 12 of 17 CG 00010413
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b Any other primary insurance available to you covering liabil ity for damages arising out of the premises or operations or the products and completed oper ations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer de fends we will undertake to do so but we will be entitled to the insured s rights against all those other insur ers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this in surance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insur ance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits con tribution 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 per mit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as 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 the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy 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 policy in reliance upon your representations. Separation Of Insureds Except with respect to the Limits of Insur ance and any rights or duties specifically as signed in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Oth ers 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. 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 no tice 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. a6L96519 Insurance Services Office Inc. 2012 CG 00010413 Page 13 of 17
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SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include mate rial 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 pro ducts or services for the purposes of at tracting customers or supporters is con sidered an advertisement. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including 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 where it is licensed or principally ga raged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation be tween any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Para graph a. above 2 The activites of a person whose home is in the territory described in Paragraph 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 Paragraph a. above or in a settlement we agree to. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. Hostile fire means one which becomes un controllable or breaks out from where it was intended to be. Impaired property means tangible proper ty other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be de fective 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 the repair replacement adjustment or removal of your product or your work or your ful filling the terms of the contract or agreement. 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 damage by fire to premises while rented to you or tem porarily occupied 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 Insurance Services Office Inc. 2012 Page 14 of 17 CG 00010413
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f. That part of any other contract or agree ment pertaining to your business includ ing an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort li ability means a liability that would be im posed by law in the absence of any con tract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bod ily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engi neer or surveyor for injury or dam age 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 or 3 Under which the insured if an archi tect engineer or surveyor assumes liability for an injury or damage aris ing out of the insured s rendering or failure to render professional ser vices including those listed in 2 above and supervisory inspection architectural or engineering activi ties.. 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 does not in clude atemporary worker.. 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 12. 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. Mobile equipment means any of the fol lowing types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principal ly 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 scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and gener ators including spraying welding building cleaning geophysical ex ploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the 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 a6L96519 Insurance Services Office Inc. 2012 CG 00010413 Page 15 of 17
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13. 14. 15. 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 gener ators including spraying welding building cleaning geophysical ex ploration 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 where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial respon sibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substan tially the same general harmful conditions. Personal and advertising injury means in jury 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 en try into or invasion of the right of private occupancy of a room dwelling or prem ises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any man ner of material that slanders or libels a person or organization or disparages a person s or organization s goods pro ducts or services e. Oral or written publication in any man ner 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 advertise ment. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materi als to be recycled reconditioned or re claimed. 16. Products completed operations hazard a. b. 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 phys ical possession or 2 Work that has not yet been complet ed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been complet ed. b When all of the work to be done at the job site has been complet ed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service main tenance correction repair or re placement but which is otherwise complete will be treated as complet ed. Does not include bodily injury or property damage arising out of 1 The transportation of property un less 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 load ing 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 Declara tions or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17. 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 phys ical injury that caused it or Insurance Services Office Inc. 2012 Page 16 of 17 CG 00010413
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61506798 002842 2n0 162 18. 19. 20. 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. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including sys tems and applications software hard or flop py disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equip ment. Suit means a civil proceeding in which damages because of bodily injury prop erty damage or personal and advertising injury to which this insurance applies are al leged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured sub mits with our consent. 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. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and with in the scope of duties determined by you and is not paid a fee salary or other compensa tion by you or anyone else for their work per formed for you. 21. Your product a. Means 1 2 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 ac quired and Containers other than vehicles ma terials parts or equipment furnished in connection with such goods or products. b. Includes 1 2 Warranties or representations made at any time with respect to the fit ness quality durability perfor mance or use of your product and 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. 22. Your work a. Means 1 2 Work or operations performed by you or on your behalf and Materials parts or equipment fur nished in connection with such work or operations. b. Includes 1 2 Warranties or representations made at any time with respect to the fit ness quality durability perfor mance or use of your work and The providing of or failure to provide warnings or instructions. Insurance Services Office Inc. 2012 CG 00010413 Page 17 of 17
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COMMERCIAL GENERAL LIABILITY CG 2106 05 14 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.p. of Section Coverage A Bod ily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to p. Access Or Disclosure Of Confiden tial Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s B. confidential or personal informa tion including patents trade se crets processing methods cus tomer lists financial information credit card informa tion health information or any other type of nonpublic informa tion or 2 The loss of loss of use of dam age to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if dam ages 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 ap ply to damages because of bodily injury. The fol sions Advert 2. Ex As used in this exclusion electronic data means information facts or pro grams stored as or on created or used on or transmitted to or from computer software including sys tems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equip ment. The following is added to Paragraph 2. Exclu sions of Section Coverage B Personal And Adbvertising 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 cus tomer 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 dis closure of any person s or organization s confidential or personal information. Insurance Services Office Inc. 2013 CG 2106 05 14 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY CG 2147 1207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION 61506798 002842 2n0 o 162 COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Para graph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liabil ity This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employ ment or c Employment related practices poli cies acts or omissions such as coercion demotion evaluation reassignment discipline defama tion harassment humiliation dis crimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sis ter of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event de scribed in Paragraphs a b or c above occurs before employment during em ployment 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. This endorsement modifies insurance provided under the following B. The following exclusion is added to Para graph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employ ment or c Employment related practices poli cies acts or omissions such as coer cion demotion evaluation reassignment discipline defama tion harassment humiliation dis crimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sis ter of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event de scribed in Paragraphs a b or c above occurs before employment during em ployment 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. SO Properties Inc. 2006 CG 21471207 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY CG 2167 1204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual al leged or threatened inhalation of inges tion of contact with exposure to exis tence of or presence of any fungi or bacteria on or within a building or struc ture including its contents regardless of whether any other cause event ma terial or product contributed concurrent ly or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing re mediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure in cluding its contents regardless of whether any other cause event mate rial or product contributed concurrently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing re mediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. The following definition is added to the Defini tions Section Fungi means any type or form of fungus in cluding mold or mildew and any mycotoxins spores scents or by products produced or re leased by fungi. ISO Properties Inc. 2003 CG 2167 1204 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY CG 21700115 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 COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVELIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVELIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 61506798 A. If aggregate insured losses attributable to ter 2. The actis av o rorist acts certified under the federal Terror dangerous to ism Risk Insurance Act exceed 100 billion in frastructure ar a calendar year and we have met our insurer dividual or ind deductible under the Terrorism Risk Insur to coerce the ance Act we shall not be liable for the pay United States ment of any portion of the amount of such affect the con losses that exceeds 100 billion and in such Government b case insured losses up to that amount are B. The terms and limit subject to pro rata allocation in accordance clusion or the inap with procedures established by the Secretary terrorism exclusior of the Treasury. coverage for injury Certified act of terrorism means an act that wise excluded unds is certified by the Secretary of the Treasury in accordance with the provisions of the fed eral Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in ex cess of 5 million in the aggregate attrib utable 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 in frastructure and is committed by an in dividual 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. The terms and limitations of any terrorism ex clusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is other wise excluded under this Coverage Part. Insurance Services Office Inc. 2015 CG 21700115 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY CG 21760115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following OWNERS AND CONTRACTORS PROTECTIVELIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVELIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of acertified act of terrorism that are awarded as punitive damages. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the fed eral Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in ex cess of 5 million in the aggregate attrib utable 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 in frastructure and is committed by an in dividual 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. The terms and limitations of any terrorism ex clusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is other wise excluded under this Coverage Part. 2. The act is a violent act or an act that is dangerous to human life property or in frastructure and is committed by an in dividual 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. The terms and limitations of any terrorism ex clusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is other wise excluded under this Coverage Part. Insurance Services Office Inc. 2015 CG 21760115 Page 1 of 1
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61506798 002842 2n0 This endorsement modifies COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY CG 2186 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS A. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of caused by or attributable to whether in whole or in part the following 1. The design manufacture construction fabrication preparation distribution and sale installation application mainten ance or repair including remodeling service correction or replacement of any exterior insulation and finish sys tem or any part thereof or any sub stantially similar system or any part thereof including the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such a system or Your product or your work with re spect to any exterior component fixture or feature of any structure if an ex terior insulation and finish system or any substantially similar system is used on the part of that structure con taining that component fixture or fea ture. The insurance provided under the following following definiton is added to the Definitions Section Exterior insulation and finish system means a non load bearing exterior cladding or finish system and all component parts therein used on any part of any structure and consisting of 1. A rigid or semi rigid insulation board made of expanded polystyrene and oth er materials The adhesive andor mechanical fasten ers used to aftach the insulation board to the substrate A reinforced or unreinforced base coat A finish coat providing surface texture to which color may be added and Any flashing caulking or sealant used with the system for any purpose. The following definition is added to the Definitions Section Exterior insulaton and finish system means a non load bearing exterior cladding or finish system and all component parts therein used on any part of any structure and consisting of 1. A rigid or semi rigid insulation board made of expanded polystyrene and oth er materials 2. The adhesive andor mechanical fasten ers used to aftach the insulation board to the substrate A reinforced or unreinforced base coat A finish coat providing surface texture to which color may be added and 5. Any flashing caulking or sealant used with the system for any purpose. SO Properties Inc. 2003 CG 2186 1204 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY CG 21880115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM INVOLVING NUCLEAR BIOLOGICAL OR CHEMICAL TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVELIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVELIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. Applicability Of The Provisions Of This En dorsement 1. The provisions of this endorsement be come applicable commencing on the date when any one or more of the fol lowing first occurs. But if your policy meaning the policy period in which this endorsement applies begins after such date then the provisions of this endorse ment become applicable on the date your policy begins. a. The federal Terrorism Risk Insur ance Program Program estab lished by the Terrorism Risk Insur ance Act has terminated with respect to the type of insurance pro vided under this Coverage Part or Policy or A renewal extension or replacement of the Program has become effective without a requirement to make ter rorism coverage available to you and with revisions that 1 Increase our statutory percent age deductible under the Pro gram for terrorism losses. That deductible determines the amount of all certified terrorism losses we must pay in a calen dar year before the federal gov ernment shares in subsequent payment of certified terrorism losses. or 2 Decrease the federal govern ment s statutory percentage share in potential terrorism losses above such deductible or 3 Redefine terrorism or make in surance coverage for terrorism subject to provisions or require ments that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorse ment already endorsed to this policy that addresses certified acts of ter rorism andor other acts of terror ism but only with respect to an in cidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an en dorsement is superseded only with respect to an incident of terrorism however defined that results in a claim for injury or damage first be ing made on or after the date when the provisions of this endorsement become applicable and 2 Decrease the federal govern ment s statutory percentage share in potential terrorism losses above such deductible or 3 Redefine terrorism or make in surance coverage for terrorism subject to provisions or require ments that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorse ment already endorsed to this policy that addresses certified acts of ter rorism andor other acts of terror ism but only with respect to an in cidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an en dorsement is superseded only with respect to an incident of terrorism however defined that results in a claim for injury or damage first be ing made on or after the date when the provisions of this endorsement become applicable and Insurance Services Office Inc. 2015 CG 21880115 Page 1 of 2
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61506798 002842 b. Remain applicable unless we notify you of changes in these provisions in response to federal law. If the provisions of this endorsement do NOT become applicable any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terror ism will continue in effect unless we notify you of changes to that endorse ment in response to federal law. The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury or dam age are enclosed in quotation marks 1. 2. Terrorism means activities against per sons organizations or property of any na ture a. That involve the following or preparation for the following 1 Use or threat of force or vio lence or 2 Commission or threat of a dan gerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical sys tem and b. When one or both of the following applies 1 The effect is to intimidate or co erce a government or the civilian population or any segment thereof or to disrupt any seg ment of the economy or 2 It appears that the intent is to in timidate or coerce a govern ment or to further political ideological religious social or economic objectives or to ex press or express opposition to a philosophy or ideology. Any injury or damage means any in jury or damage covered under any Cov erage Part or Policy to which this en dorsement is applicable and includes but is not limited to bodily injury prop erty damage personal and advertising injury injury or environmental dam age as may be defined in any applicable Coverage Part or Policy. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of ter rorism. Any injury or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. But this exclusion applies only when one or more of the follow ing are attributed to an incident of terror ism 1. The terrorism is carried out by means of the dispersal or application of radioac tive material or through the use of a nu clear weapon or device that involves or produces a nuclear reaction nuclear radi ation or radioactive contamination or 2. Radioactive material is released and it appears that one purpose of the terror ism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of patho genic or poisonous biological or chemi cal materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terror ism was to release such materials. The terms and limitations of any terrorism ex clusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is other wise excluded under this Coverage Part. Insurance Services Office Inc. 2015 Page 2 of 2 CG 21880115
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COMMERCIAL GENERAL LIABILITY CG 21 96 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Para graph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Li ability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or sili ca related dust. b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or sili ca related dust. c. Any loss cost or expense arising in whole or in part out of the abat ing testing for monitoring clean ing up removing containing treat ing detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica re lated dust by any insured or by any other person or entity. B. The following exclusion is added to Para graph 2. Exclusions of Section Coverage B ity 2. Personal And Advertising Injury Liabil Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to exis tence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abat ing testing for monitoring clean ing up removing containing treat ing detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica re lated dust by any insured or by any other person or entity. C. The following definitions are added to the Definitions Section 1. Silica means silicon dioxide occur ring in crystalline amorphous and im pure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. SO Properties Inc. 2004 CG 21 96 03 05 Page 1 of 1
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61506798 002842 2n0 o 162 COMMERCIAL GENERAL LIABILITY CG 22790413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability and Para graph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 1. This insurance does not apply to bodily in jury property damage or personal and advertising injury arising out of the render ing of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations a. Providing engineering architectural or surveying services to others in your ca pacity as an engineer architect or survey or and b. Providing or hiring independent professionals to provide engineering ar chitectural or surveying services in con nection with construction work you per form. This exclusion applies even if the claims against any insured allege negligence or oth er wrongdoing in the supervision hiring em ployment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property dam age or the offense which caused the per sonal and advertising injury involved the rendering of or failure to render any profes sional services by you or on your behalf with respect to the operations described above. 2. Subject to Paragraph 3. below professional services include a. Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations and b. Supervisory or inspection activities per formed as part of any related architectur al or engineering activities. Professional services do not include services within construction means methods tech niques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. Insurance Services Office Inc. 2012 CG 22790413 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY CG 242604 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of insured contract in the Defini tions section is replaced by the following Paragraph f. does not include that part of any contract or agreement Insured contract means 1 That indemnifies a railroad for bod ily injury or property damage a. A contract for a lease of premises. How ever that portion of the contract for a arising out of construction or lease of premises that indemnifies any demolition operations within 50 feet person or organization for damage by fire of any railroad property and affecting to premises while rented to you or tem any railroad bridge or trestle tracks porarily occupied by you with permission road beds tunnel underpass or of the owner is not an insured contract crossing b. Asidetrack agreement 2 That indemnifies an architect engi neer or surveyor for injury or dam c. Any easement or license agreement ex age arising out of cept in connection with construction or. demolition operations on or within 50 a Preparing approving or failing feet of a railroad to prepare or approve maps d. An obligation as required by ordinance 2 drsauvrvl ry lfizlglonirde to mdemnity a municipality.s.xcgpl in change orders or drawings and connection with work for a municipality specifications or e. An elevator maintenance agreement b Giving directions or instructions f. That part of any other contract or agree or failing to give them if that is ment pertaining to your business includ ing an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization pro vided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent your as sumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. the primary cause of the injury or damage or 3 Under which the insured if an archi tect engineer or surveyor assumes liability for an injury or damage aris ing out of the insured s rendering or failure to render professional ser vices including those listed in 2 above and supervisory inspection architectural or engineering activi ties. Insurance Services Office Inc. 2012 CG 24260413 Page 1 of 1
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POLICY NUMBER 61506798 002842 POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects Description of Construction Project CA Location of Construction Project CA Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes le gally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by ac cidents under Section Coverage C which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage in cluded in the products completed oper ations hazard and for medical expenses under Coverage C regardless of the num ber of a. Insureds b. Claims made or suits brought or c. Persons or organizatons making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Des ignated Construction Project General Ag gregate Limit for that designated con struction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construc tion Project General Aggregate Limit for any other designated construction project shown in the Schedule above. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense con tinue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Desig nated Construction Project General Ag gregate Limit. Insurance Services Office Inc. 2008 CG 25 03 05 09 Page 1 of 2
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B. For all sums which the insured becomes le gally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by ac cidents under Section Coverage C which can not be attributed only to ongoing oper ations at a single designated construction project shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Ag gregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and Such payments shall not reduce any Des ignated Construction Project General Ag gregate Limit. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages be cause of bodily injury or property dam age included in the products completed op erations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the au thorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. The provisions of Section Ill Limits Of Insur ance not otherwise modified by this endorse ment shall continue to apply as stipulated. Insurance Services Office Inc. 2008 CG 25 03 05 09 Page 2 of 2
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61506798 002842 2n0 o 162 COMMERCIAL GENERAL LIABILITY CG 84 94 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONSOLIDATED INSURANCE PROGRAMS WRAP UP This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraphs 2. of Section Coverage A Bodily Injury And Property Damage Lial 2. ity Coverage B Personal And Advertising Injury and Coverage C Medical Payments Exclusions This insurance does not apply to Bodily injury property damage personal injury and advertising injury or medical expenses arising directly or indirectly out of your current ongoing operations or included within the pro ducts completed operations hazard at any site or location where you or your subcontractors or employees working on your behalf are performing or previously performed operations if any insured under this policy entered into contracts or agreements commonly referred to as consoli dated insurance programs Wrap Up providing general liability coverage at that site or location. However this exclusion does not apply to other jobs or work that you performed at such site or location if such other jobs or work were not done as part of contracts or agreements commonly referred to as consolidated insurance programs Wrap Up. This exclusion applies whether or not the consolidated insurance programs Wrap Up a. Provide coverage identical to that provided by this coverage part b. Have limits adequate to cover all claims or c. Remain in effect. B. The following is added to Section IV Commercial General Liability Conditions Paragraph 5. Premium Audit In computing premium for this policy we will not include any payroll or costs paid to your subcontractors for work at any site or location where any insured under this policy had entered into contracts or agreements commonly referred to as consolidated insurance programs Wrap Up providing insurance coverage at that site or location prior to your work at such site or location. A copy of the consolidated insurance program Wrap Up certificate or similar documents issued to you verifying coverage must be provided to us when we audit this policy. CG 84 94 12 08 Page 1 of 1 Includes copyrighted material of ISO Properties Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY CG 84990112 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON CUMULATION OF LIABILITY LIMITS SAME OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 5. under Section Il Limits Of Insurance Non Cumulation of Liability Same Occurrence If one occurrence causes bodily injury or property damage during the policy period and during the policy period of one or more prior or future general liability policies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policies because of such occurrence. For purposes of this endorsement the term us also includes any other company that is or was part of the Liberty Mutual Agency Corporation division of Liberty Mutual Group. 2011 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. CG 84990112 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY CG 881004 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMNMERUIAL GENERAL LIABILITY COVERAGE FARIT INDEX SUBJECT NON OWNED AIRCRAFT 61506798 NON OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY ELEVATORS 002842 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU Tenant s Property Damage MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS COVERAGES A AND B 2n0 ADDITIONAL INSUREDS BY CONTRACT AGREEMENT OR PERMIT PRIMARY AND NON CONTRIBUTORY ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS EXTENDED PROTECTION OF YOUR LIMITS OF INSURANCE WHO IS AN INSURED INCIDENTAL MEDICAL ERRORS MALPRACTICE AND WHO IS AN INSURED FELLOW EMPLOYEE EXTENSION MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE OFFENSE CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU INDEX PAGE 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. CG 881004 13 Page 1 of 8
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With respect to coverage afforded by this endorsement the provisions of the policy apply unless modified by the endorsement. A. NON OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability exclusion g. Aircraft Auto Or Watercraft does not apply to an aircraft provided 1. ltis not owned by any insured 2. ltis hired chartered or loaned with atrained paid crew 3. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada designating her or him a commercial or airline pilot and 4. ltis not being used to carry persons or property for a charge. However the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance whether primary excess other than insurance written to apply specifically in excess of this policy contingent or on any other basis that would also apply to the loss covered under this provision. B. NON OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability Subparagraph 2 of exclusion g. Aircraft Auto Or Watercraft is replaced by the following This exclusion does not apply to 2 A watercraft you do not own that is a Less than 52 feet long and b Not being used to carry persons or property for acharge. C. PROPERTY DAMAGE LIABILITY ELEVATORS 1. Under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liabil ity Subparagraphs 3 4 and 6 of exclusion j. Damage To Property do not apply if such property damage results from the use of elevators. For the purpose of this provision elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV Commercial General Liability Conditions Condition 4. Other Insurance Paragraph b. Excess Insurance The insurance afforded by this provision of this endorsement is excess over any property insurance whether primary excess contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU Tenant s Property Damage If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part 1. Under Paragraph 2. Exclusions of Section Coverage A Bodily Injury and Property Damage Liability a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow ing Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire lightning explosion smoke or leakage from an automatic fire protection system to i Premises rented to you for a period of 7 or fewer consecutive days or ii Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage to contents of premises rented to you for aperiod of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section Il Limits of Insurance. 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. CG 881004 13 Page 2 of 8
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b. The last paragraph of subsection 2. Exclusions is replaced by the following Exclusions. through n. do not apply to damage by fire lightning explosion smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. 2. Paragraph 6. under Section Il Limits Of Insurance is replaced by the following 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to a. Any one premise 1 While rented to you or 2 While rented to you or temporarily occupied by you with permission of the owner for damage by fire lightning explosion smoke or leakage from automatic protection sys tems or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU Tenant s Property Damage Paragraph 9.a. of Definitions is replaced with the following 9.a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire lightning explosion smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner or for damage to contents of such premises that are included in your premises rental or lease agreement is not an insured contract. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded the Medical Payments provided by this policy are amended as follows Under Paragraph 1. Insuring Agreement of Section Coverage C Medical Payments Subparagraph b of Paragraph a. is replaced by the following b The expenses are incurred and reported within three years of the date of the accident and EXTENSION OF SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. Under Supplementary Payments Coverages A and B Paragraph 1.b. is replaced by the following b. Up to 3000 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. 2. Paragraph 1.d. is replaced by the following d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. ADDITIONAL INSUREDS BY CONTRACT AGREEMENT OR PERMIT 1. Paragraph 2. under Section Il Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract written agreement or permit. Such person or organization is an additional insured but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by a. Your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the bodily injury or property damage occurs or the per sonal and advertising injury is committed subsequent to the signing of such written contract or written agreement or a6L96519 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. CG 881004 13 Page 3 of 8
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b. Premises or facilities rented by you or used by you or c. The maintenance operation or use by you of equipment rented or leased to you by such person or organization or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions 1 This insurance does not apply to bodily injury property damage or personal and ad vertising injury arising out of the operations performed for the state or political subdivision 2 This insurance does not apply to bodily injury or property damage included within the completed operations hazard. 3 Insurance applies to premises you own rent or control but only with respect to the following hazards a The existence maintenance repair construction erection or removal of advertising signs awnings canopies cellar entrances coal holes driveways manholes marquees hoist away openings sidewalk vaults street banners or decorations and similar expo sures or b The construction erection or removal of elevators or c The ownership maintenance or use of any elevators covered by this insurance. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insur ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above a person s or organization s status as an additional insured under this endorsement ends when 1 All work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or 2 That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above a person s or organization s status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above this insurance does not apply to any occurrence which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the bodily injury or property damage. We have no duty to defend an additional insured under this endorsement until we receive written notice of a suit by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence Offense Claim Or Suit under Section IV Commercial General Liability Condi tions. 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. CG 881004 13 Page 4 of 8
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With respect to the insurance provided by this endorsement the following are added to Paragraph 2. Exclusions under Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to a. Bodily injury or property damage arising from the sole negligence of the additional insured. b. Bodily injury or property damage that occurs prior to you commencing operations at the location where such bodily injury or property damage occurs. c. Bodily injury property damage or personal and advertising injury arising out of the render ing of or the failure to render any professional architectural engineering or surveying services including 1 The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 2 Supervisory inspection architectural or engineering activities. 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 occur rence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. d. Bodily injury or property damage occurring after 1 All work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or 2 That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS endorsement is sued by us and made a part of this policy. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance If coverage provided to the additional insured is required by acontract or agreement the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. PRIMARY AND NON CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amend ed as follows a. The following is added to Paragraph a. Primary Insurance If an additional insured s policy has an Other Insurance provision making its policy excess and you have agreed in awritten contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis this policy shall be primary and we will not seek contribution from the additional insured s policy for damages we cover. a6L96519 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. CG 881004 13 Page 5 of 8
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b. The following is added to Paragraph b. Excess Insurance When a written contract or written agreement other than a premises lease facilities rental contract or agreement an equipment rental or lease contract or agreement or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non contributory this insurance is excess over any other insurance for which the addi tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured this insurance is excess over any other insurance whether primary excess contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS EXTENDED PROTECTION OF YOUR LIMITS OF INSURANCE This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence Offense Claim or Suit An additional insured under this endorsement will as soon as practicable a. Give written notice of an occurrence or an offense that may result in aclaim or suit under this insurance to us b. Tender the defense and indemnity of any claim or suit to all insurers whom also have insurance available to the additional insured and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a suit by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section Il Limits of Insurance of this policy whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED INCIDENTAL MEDICAL ERRORS MALPRACTICE WHO IS AN INSURED FELLOW EMPLOYEE EXTENSION MANAGEMENT EMPLOYEES Paragraph 2.a.1 of Section Il Who Is An Insured is replaced with the following 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employ ment 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 coemployee 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 professional health care services. However if you are not in the business of providing professional health care services or providing profes sional health care personnel to others or if coverage for providing professional health care ser vices is not otherwise excluded by separate endorsement this provision Paragraph d does not apply. Paragraphs a and b above do not apply to bodily injury or personal and advertising injury caused by n employee who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the employee s job responsibilities assigned by you includes the direct supervision of other employ ees of yours. However none of these employees are insureds for bodily injury or personal and 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. CG 881004 13 Page 6 of 8
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61506798 002842 2n0 o 162 7 advertising injury arising out of their willful conduct which is defined as the purposeful or willful intent to cause bodily injury or personal and advertising injury or caused in whole or in part by their intoxica tion by liquor or controlled substances. The coverage provided by provision J.is excess over any other valid and collectable insurance available to your employee. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section Il Who Is An Insured is replaced by the following 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. 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 or qualifies as an insured under this provision. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV Commercial General Liability Conditions the following is added to Condition 6. Repre sentations Your failure to disclose all hazards or prior occurrences existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior occurrences is not intentional. KNOWLEDGE OF OCCURRENCE OFFENSE CLAIM OR SUIT Under Section IV Commercial General Liability Conditions the following is added to Condition 2. Duties In The Event of Occurrence Offense Claim Or Suit Knowledge of an occurrence offense claim or suit by an agent servant or employee of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section Il Who Is An Insured or a person who has been designated by them to receive reports of occurrences offenses claims or suits shall have received such notice from the agent servant or employee. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge your policy will automatically provide the coverage as of the day the revision is effective in your state. BODILY INJURY REDEFINED Under Section V Definitions Definition 3. is replaced by the following 3. Bodily Injury means physical injury sickness or disease sustained by a person. This includes mental anguish mental injury shock fright or death that results from such physical injury sick ness or disease. 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. CG 881004 13 Page 7 of 8
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P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV Commercial General Liability Conditions the following is added to Condition 8. Trans fer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard provided 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree ment. 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. CG 881004 13 Page 8 of 8
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61506798 002842 2n0 o 162 i COMMERCIAL GENERAL LIABILITY CG 88 60 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EACH LOCATION GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A Bodily Injury And Property Damage Liability and for all medical ex penses caused by accidents under Section I Coverage C Medical Payments which can be attributed only to operations at a single location owned by or rented to you 1. A separate Each Location General Aggregate Limit applies to each location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Each Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regard less of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Each Location General Aggregate Limit for that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Each Location General Aggregate Limit for any other location. 4. The limits shown in the Declarations for Each Occurrence Fire Damage and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Each Location General Aggregate Limit. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A Bodily Injury And Property Damage Liability and for all medical ex penses caused by accidents under Section Coverage C Medical Payments which can not be attrib uted only to operations at a single location owned by or rented to you 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Each Location General Aggregate Limit. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Each Location General Aggregate Limit. For the purposes of this endorsement the following definition is added to Section V Definitions 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. The provisions of Section Il Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 88 60 12 08 Page 1 of 1 Includes copyrighted material of ISO Properties Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT PER PROJECT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A Bodily Injury And Property Damage Liability and for all medical ex penses caused by accidents under Section I Coverage C Medical Payments which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you 1. A separate Construction Project General Aggregate Limit applies to each construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Cov erage Cregardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence Fire Damage and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A Bodily Injury And Property Damage Liability and for all medical ex penses caused by accidents under Section Coverage C Medical Payments which can not be attrib uted only to ongoing operations at a single construction project away from premises owned by or rented to you 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. E. The provisions of Section Il Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. CG 887012 08 Page 1 of 1 Includes copyrighted material of ISO Properties Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY CG 88 75 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EARTH MOVEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of caused by or attributable to whether in whole or in part earth movement. This exclusion applies regardless of the cause of the earth movement or any other cause or event contributing concurrently or in any sequence or manner to such injury or damage including but not limited to the following causes 61506798 1 Flood surface water waves tidal water or tidal wave overflow of streams or other bodies of water or spray from any of the foregoing all whether driven by wind or not 002842 2 Water which backs up through sewers or drains 3 Water below the surface of the ground including that which exerts pressure on or flows seeps or leaks through sidewalks driveways foundations walls basement or other floors or through doors windows or any other openings in such sidewalks driveways foundations walls or floors 4 Leakage overflow or excess water from plumbing heating air conditioning irrigation or other equipment or appliances 5 Acts or decisions including the failure to act or decide of any person group organization or governmental body 6 Faulty inadequate or defective a Planning zoning development surveying positioning of structure on property b Design specifications workmanship repair constructions renovations remodeling grading compaction c Materials used in repair construction renovation or remodeling or d Maintenance of part or all of any property wherever located. B. The following definition is added to the Definitions section in the Coverage Part to which this endorse ment applies Earth movement whether effected by natural or man made causes includes but is not limited to Earthquake including land shock waves or tremors before during or after a volcanic eruption Landslide Mudflow Earth sinking rising shifting settling subsiding compaction or expansion or. p a0 o Soil conditions which cause settling cracking or other disarrangement of foundations or other parts or realty whether or not caused by earth movement described above. Soil conditions include contraction expansion freezing thawing erosion improperly compacted soil and the action of water under the ground surface. CG 88751208 Page 1 of 1 Includes copyrighted material of ISO Properties Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY CG 88 77 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MEDICAL EXPENSE AT YOUR REQUEST ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Section Coverage C Medical Payments If Medical Payments or Medical Expenses are not otherwise excluded from the policy medical expenses will be paid only if an insured has requested that we pay such expenses. CG 8877 1208 Page 1 of 1 Includes Copyrighted Material of ISO Properties Inc. with its permission.
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61506798 002842 2n0 COMMERCIAL GENERAL LIABILITY CG 88 86 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVELIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS AND COMPLETED OPERATIONS COVERAGE PART RAILROAD PROTECTIVELIABILITY COVERAGE PART This insurance does not apply to 1. Bodily injury property damage or personal and advertising injury arising in whole or in part either directly or indirectly out of the manufacture storage processing mining use sale installation removal disposal distribution handling inhalation ingestion absorption or existence of exposure to or contact with asbestos asbestos contained in goods products or materials asbestos fibers or asbes tos dust or Any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of asbestos asbestos contained in goods products or materials asbestos fibers or asbestos dust or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of asbestos asbestos contained in goods products or materials asbestos fibers or asbestos dust. CG 8886 12 08 Page 1 of 1 Includes copyrighted material of ISO Properties Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY CG 88 87 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LEAD LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVELIABILITY COVERAGE PART PRODUCTS AND COMPLETED OPERATIONS COVERAGE PART RAILROAD PROTECTIVELIABILITY COVERAGE PART This insurance does not apply to 1. Bodily injury property damage or personal and advertising injury arising in whole or in part either directly or indirectly out of the mining processing manufacture storage distribution sale installation removal disposal handling inhalation ingestion absorption use or existence of expo sure to or contact with lead or lead contained in goods products or materials or Any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of lead or lead contained in goods products or materials or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of lead or lead contained in goods products or materials. CG 8887 12 08 Page 1 of 1 Includes copyrighted material of ISO Properties Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY CG 90410113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 1. Advertisement of Section V Definitions is replaced by the following 1. Advertisement means dissemination of information or images to the general public for the purpose of inducing the sale of your goods products or services through 61506798 a. Radio or b. Television or c. Billboard or d. Magazine or e f. g9 002842 Newspaper or The internet or Your web site. However advertisement does not include the design printed material information or images contained in on or upon the packaging or labeling of any goods or products. B. Subparagraph g. of Paragraph 14. Personal and Advertising Injury of Section V Defi by the following g. Infringing upon another s copyright or slogan in your advertisement. itions is replaced C. The following definition Your web site is added to Section V Definitions Your web site means aweb page or set of interconnected web pages prepared and maintained by you or on your behalf that is accessible over the internet. D. Exclusion i. under Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability is replaced with the following 2. Exclusions This insurance does not apply to i. Infringement Of Copyright Patent Trademark Trade Dress Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret trade dress or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your adver tisement. However this exclusion does not apply to infringement in your advertisement of copyright or slogan. 2012Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. CG 90410113 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY CG 91920515 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION NEW RESIDENTIAL CONSTRUCTION OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. This insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of residential construction. Residential construction means your work on any part of any project or development that com prises 1. Any structures built for residential occupancy including but not limited to single or multi family dwellings apartments condominiums town homes or mixed use structures with a residential component. 2. The conversion of existing apartments into condominiums or cooperatives. B. This exclusion does not apply 1. If a certificate of occupancy was granted for the property prior to the start of your work in A.1. above. The exception provided by this paragraph does not apply with respect to warranty work performed in connection with your work completed before a certificate of occupancy was granted for the property. 2. To your work on hotels motels nursing homes educational institution dormitories or govern ment housing on military bases. 2015Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. CG 91920515 Page 1 of 1
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COMMERCIAL PROPERTY CP 00 10 04 02 BUILDING AND PERSONAL PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section H Definitions. 61506798 002842 2n0 o 162 A. Coverage We will pay for direct physical loss of or dam age to Covered Property at the premises de scribed in the Declarations caused by or re sulting from any Covered Cause of Loss. 1. Covered Property Covered Property as used in this Coverage Part means the type of prop erty described in this Section A.1. and limited in A.2. Property Not Covered if a Limit of Insurance is shown in the Dec larations for that type of property. a. Building meaning the building or structure described in the Declara tions including 1 Completed additions 2 Fixtures including outdoor fix tures 3 Permanently installed a Machinery and b Equipment 4 Personal property owned by you that is used to maintain or ser vice the building or structure or its premises including a Fire extinguishing equip ment b Outdoor furniture c Floor coverings and d Appliances used for refriger ating ventilating cooking dishwashing or laundering 5 If not covered by other insur ance a Additions under construc tion alterations and repairs to the building or structure b Materials equipment sup plies and temporary struc tures on or within 100 feet of the described premises used for making additions alterations or repairs to the building or structure. Your Business Personal Property lo cated in or on the building described in the Declarations or in the open or in a vehicle within 100 feet of the described premises consisting of the following unless otherwise specified in the Declarations or on the Your Business Personal Property Separa tion of Coverage form 1 Furniture and fixtures 2 Machinery and equipment 3 Stock 4 Al other personal property owned by you and used in your business 5 Labor materials or services fur nished or arranged by you on personal property of others 6 Your use interest as tenant in im provements and betterments. Improvements and betterments are fixtures alterations installa tions or additions a Made a part of the building or structure you occupy but do not own and b You acquired or made at your expense but can not le gally remove 7 Leased personal property for which you have a contractual re sponsibility to insure unless 2001 b Materials equipment sup plies and temporary struc tures on or within 100 feet of the described premises used for making additions alterations or repairs to the building or structure. Your Business Personal Property lo cated in or on the building described in the Declarations or in the open or in a vehicle within 100 feet of the described premises consisting of the following unless otherwise specified in the Declarations or on the Your Business Personal Property Separa tion of Coverage form 1 Furniture and fixtures 2 Machinery and equipment 3 Stock 4 Al other personal property owned by you and used in your business 5 Labor materials or services fur nished or arranged by you on personal property of others 6 Your use interest as tenant in im provements and betterments. Improvements and betterments are fixtures alterations installa tions or additions a Made a part of the building or structure you occupy but do not own and b You acquired or made at your expense but can not le gally remove 7 Leased personal property for which you have a contractual re sponsibility to insure unless otherwise provided for under Personal Property of Others. Page 1 of 15 SO Properties Inc. 2001 CP 00 10 04 02
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Personal Property of Others that is 1 In your care custody or control and 2 Located in or on the building de scribed in the Declarations or in the open or in a vehicle within 100 feet of the described prem ises. However our payment for loss of or damage to personal property of oth ers will only be for the account of the owner of the property. Property Not Covered Covered Property does not include a. Accounts bills currency food stamps or other evidences of debt money notes or securities. Lottery tickets held for sale are not securi ties Animals unless owned by others and boarded by you or if owned by you only as stock while inside of buildings Automobiles held for sale Bridges roadways walks patios or other paved surfaces Contraband or property in the course of illegal transportation or trade The cost of excavations grading backfilling or filling Foundations of buildings structures machinery or boilers if their founda tions are below 1 The lowest basement floor or 2 The surface of the ground if there is no basement Land including land on which the property is located water growing crops or lawns Personal property while airborne or waterborne Bulkheads pilings piers wharves or docks Property that is covered under an other coverage form of this or any other policy in which it is more spe cifically described except for the ex cess of the amount due whether you can collect on it or not from that oth er insurance Retaining walls that are not part of a building Underground pipes flues or drains Electronic data except as provided under Additional Coverages Elec tronic Data. Electronic data means information facts or computer pro grams stored as or on created or used on or transmitted to or from computer software including sys tems 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 equip ment. The term computer programs referred to in the foregoing descrip tion of electronic data means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it which enable the computer or de vice to receive process store re trieve or send data. This paragraph n. does not apply to your stock of prepackaged software. The cost to replace or restore the in formation on valuable papers and records including those which exist as electronic data. Valuable papers and records include but are not limit ed to proprietary information books of account deeds manuscripts ab stracts drawings and card index sys tems. Refer to the Coverage Exten sion for Valuable Papers And Records Other Than Electronic Data for limited coverage for valuable pa pers and records other than those which exist as electronic data. Vehicles or self propelled machines including aircraft or watercraft that 1 Are licensed for use on public roads or 2 Are operated principally away from the described premises. This paragraph does not apply to a Vehicles or self propelled ma chines or autos you manufac ture process or warehouse b Vehicles or self propelled ma chines other than autos you hold for sale c Rowboats or canoes out of water at the described premises or d Trailers but only to the extent provided for in the Coverage Ex tension for Non Owned De tached Trailers. SO Properties Inc. 2001 Page 2 of 15 CP 00 10 04 02
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q. The following property while outside of buildings 2 Grain hay straw or other crops Fences radio or television an tennas including satellite dishes and their lead in wiring masts or towers signs other than signs attached to build ings trees shrubs or plants other than stock of trees shrubs or plants all except as provided in the Coverage Exten sions. Covered Causes Of Loss See applicable Causes of Loss Form as shown in the Declarations. Additional Coverages a. Debris Removal 1 2 3 Subject to Paragraphs 3 and 4 we will pay your expense to remove debris of Covered Prop erty caused by or resulting from a Covered Cause of Loss that oc curs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date of di rect physical loss or damage. Debris Removal does not apply to costs to a Extract pollutants from land or water or b Remove restore or replace polluted land or water. Subject to the exceptions in Paragraph 4 the following pro visions apply a The most we will pay for the total of direct physical loss or damage plus debris re moval expense is the Limit of Insurance applicable to the Covered Property that has sustained loss or dam age. b Subject to a above the amount we will pay for de bris removal expense is limited to 25 of the sum of the deductible plus the amount that we pay for di rect physical loss or damage to the Covered Property that has sustained loss or dam age. 4 We will pay up to an additional 10000 for debris removal ex pense for each location in any one occurrence of physical loss or damage to Covered Property if one or both of the following circumstances apply a The total of the actual debris removal expense plus the amount we pay for direct physical loss or damage ex ceeds the Limit of Insurance on the Covered Property that has sustained loss or dam age. b The actual debris removal expense exceeds 25 of the sum of the deductible plus the amount that we pay for direct physical loss or dam age to the Covered Property that has sustained loss or damage. Therefore if 4a andor 4b apply our total payment for di rect physical loss or damage and debris removal expense may reach but will never exceed the Limit of Insurance on the Cov ered Property that has sustained loss or damage plus 10000. 5 Examples The following examples assume that there is no coinsurance pen alty. Example 1 Limit of Insurance 90000 Amount of Deductible 500 Amount of Loss 50000 Amount of Loss Payable 49500 50000 500 Debris Removal Expense 10000 Debris Removal Expense Payable 10000 10000 is 20 of 50000 The debris removal expense is less than 25 of the sum of the loss payable plus the deductible. The sum of the loss payable and the debris removal expense 49500 10000 59500 is less than the Limit of Insurance. Therefore the full amount of de bris removal expense is payable in accordance with the terms of Paragraph 3. a6L96519 SO Properties Inc. 2001 CP 00 10 04 02 Page 3 of 15
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Example 2 Limit of Insurance 90000 Amount of Deductible 500 Amount of Loss 80000 Amount of Loss Payable 79500 880000 500 Debris Removal Expense 30000 Debris Removal Expense Payable Page 4 of 15 Basic Amount 10500 Additional Amount 10000 The basic amount payable for debris removal expense under the terms of Paragraph 3 is cal culated as follows 80000 879500 500 x.25 20000 capped at 10500. The cap applies because the sum of the loss payable 79500 and the basic amount payable for de bris removal expense 10500 can not exceed the Limit of Insur ance 90000. The additional amount payable for debris removal expense is provided in accordance with the terms of Paragraph 4 because the debris removal expense 30000 exceeds 25 of the loss payable plus the deductible 30000 is 37.5 of 80000 and because the sum of the loss payable and debris removal ex pense 79500 30000 109500 would exceed the Lim it of Insurance 90000. The ad ditional amount of covered de bris removal expense is 10000 the maximum payable under Paragraph 4. Thus the total payable for debris removal ex pense in this example is 20500 9500 of the debris re moval expense is not covered. Preservation Of Property If it is necessary to move Covered Property from the described prem ises to preserve it from loss or dam age by a Covered Cause of Loss we will pay for any direct physical loss or damage to that property 1 2 While it is being moved or while temporarily stored at another lo cation and Only if the loss or damage oc curs within 30 days after the property s first moved. SO Properties Inc. 2001 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 1000 for your liability for fire department service charges 1 Assumed by contract or agree ment prior to loss or 2 Required by local ordinance. No Deductible applies to this Addi tional Coverage. Pollutant Clean Up And Removal We will pay your expense to extract pollutants from land or water at the described premises if the dis charge dispersal seepage migra tion release or escape of the pollu tants is caused by or results from a Covered Cause of Loss that occurs during the policy period. The ex penses will be paid only if they are reported to us in writing within 180 days of the date on which the Cov ered 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 pollu tants from the land or water. The most we will pay under this Ad ditional Coverage for each described premises is 10000 for the sum of all covered expenses arising out of Cov ered Causes of Loss occurring during each separate 12 month period of this policy. Increased Cost Of Construction 1 This Additional Coverage ap plies only to buildings to which the Replacement Cost Optional Coverage applies. 2 In the event of damage by a Cov ered Cause of Loss to a building that is Covered Property we will pay the increased costs incurred to comply with enforcement of an ordinance or law in the course of repair rebuilding or re placement of damaged parts of that property subject to the limi tations stated in e.3 through e.9 of this Additional Coverage. 90000 500 80000 79500 880000 500 30000 CP 00 10 04 02
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9 The amount payable under this Additional Coverage is addition al insurance. With respect to this Additional Coverage a We will not pay for the In creased Cost of Construc tion i Until the property is ac tually repaired or replaced at the same or another premises and ii Unless the repairs or re placement are made as soon as reasonably pos sible after the loss or damage not to exceed two years. We may ex tend this period in writ ing during the two years. b If the building is repaired or replaced at the same prem ises or if you elect to rebuild at another premises the most we will pay for the In creased Cost of Construc tion subject to the provi sions of e6 of this Additional Coverage is the increased cost of construc tion at the same premises. c If the ordinance or law re quires relocation to another premises the most we will pay for the Increased Cost of Construction subject to the provisions of e.6 of this Additional Coverage is the increased cost of construc tion at the new premises. This Additional Coverage is not subject to the terms of the Ordi nance or Law Exclusion to the extent that such Exclusion would conflict with the provisions of this Additional Coverage. The costs addressed in the Loss Payment and Valuation Condi tions and the Replacement Cost Optional Coverage in this Cov erage Form do not include the increased cost attributable to en forcement of an ordinance or law. The amount payable under this Additional Coverage as stated in e.6 of this Additional Coverage is not subject to such limitation. Page 5 of 15 3 6 CP 00 10 04 02 The ordinance or law referred to in e.2 of this Additional Cover age is an ordinance or law that regulates the construction or re pair of buildings or establishes zoning or land use requirements at the described premises and is in force at the time of loss. Under this Additional Coverage we will not pay any costs due to an ordinance or law that a You were required to com ply with before the loss even when the building was undamaged and b You failed to comply with. Under this Additional Coverage we will not pay for a The enforcement of any or dinance or law which re quires demolition repair re placement reconstruction remodeling or remediation of property due to contami nation by pollutants or due to the presence growth proliferation spread or any activity of fungus wet or dry rot or bacteria or b Any costs associated with the enforcement of an ordi nance or law which requires any insured or others to test for monitor clean up re move contain treat detoxi fy or neutralize or in any way respond to or assess the effects of pollutants fungus wet or dry rot or bacteria. The most we will pay under this Additional Coverage for each described building insured un der this Coverage Form is 10000 or 5 of the Limit of In surance applicable to that build ing whichever is less. If a damaged building is covered un der a blanket Limit of Insurance which applies to more than one building or item of property then the most we will pay under this Additional Coverage for that damaged building is the lesser of 10000 or 5 times the value of the damaged build ing as of the time of loss times the applicable coinsurance per centage. SO Properties Inc. 2001 a6L96519
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f. 5 of 15 Electronic Data 1 2 3 Under this Additional Coverage electronic data has the meaning described under Property Not Covered Electronic Data. Subject to the provisions of this Additional Coverage we will pay for the cost to replace or restore electronic data which has been destroyed or corrupted by a Cov ered Cause of Loss. To the ex tent that electronic data is not re placed or restored the loss will be valued at the cost of replace ment of the media on which the electronic data was stored with blank media of substantially identical type. The Covered Causes of Loss ap plicable to Your Business Per sonal Property apply to this Ad ditional Coverage Electronic Data subject to the following a If the Causes of Loss Spe cial Form applies coverage under this Additional Cover age Electronic Data is limit ed to the specified causes of loss as defined in that Form and Collapse as set forth in that Form. b If the Causes of Loss Broad Form applies coverage un der this Additional Coverage Electronic Data includes Collapse as set forth in that Form. c If the Causes of Loss Form is endorsed to add a Covered Cause of Loss the additional Covered Cause of Loss does not apply to the coverage provided under this Addi tional Coverage Electronic Data. d The Covered Causes of Loss include a virus harmful code or similar instruction introduced into or enacted on a computer system in cluding electronic data or a network to which it is con nected designed to damage or destroy any part of the system or disrupt its normal operation. But there is no coverage for loss or damage caused by or resulting from manipulation of a computer SO Properties Inc. 2001 system including electronic data by any employee in cluding a temporary or leased employee or by an entity retained by you or for you to inspect design in stall modify maintain re pair or replace that system. 4 The most we will pay under this Additional Coverage Electronic Data is 2500 for all loss or damage sustained in any one policy year regardless of the number of occurrences of loss or damage or the number of prem ises locations or computer sys tems involved. If loss payment on the first occurrence does not exhaust this amount then the balance is available for subse quent loss or damage sustained in but not after that policy year. With respect to an occurrence which begins in one policy year and continues or results in addi tional loss or damage in a subse quent policy years all loss or damage is deemed to be sus tained in the policy year in which the occurrence began. 5. Coverage Extensions Except as otherwise provided the follow ing Extensions apply to property located in or on the building described in the Dec larations or in the open or in a vehicle within 100 feet of the described prem ises. If a Coinsurance percentage of 80 or more or a Value Reporting period sym bol is shown in the Declarations you may extend the insurance provided by this Coverage Part as follows a. Newly Acquired Or Constructed Property 1 Buildings If this policy covers Building you may extend that insurance to apply to a Your new buildings while being built on the described premises and b Buildings you acquire at lo cations other than the de scribed premises intended for i Similar use as the build ing described in the Declarations or 1c. 2001 CP 00 10 04 02 Page 6 of 15
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2 ii Use as a warehouse. The most we will pay for loss or damage under this Extension is 250000 at each building. Your Business Personal Proper ty a If this policy covers Your Business Personal Property you may extend that insur ance to apply to i Business personal prop erty including such property that you newly acquire at any location you acquire other than at fairs trade shows or exhibitions ii Business personal prop erty including such property that you newly acquire located at your newly constructed or acquired buildings at the location described in the Declarations or Business personal prop erty that you newly ac quire located at the de scribed premises. The most we will pay for loss or damage under this Extension is 100000 at each building. b This Extension does not ap ply to i Personal property of others that is temporar ily in your possession in the course of installing or performing work on such property or ii Personal property of others that is temporar ily in your possession in the course of your man ufacturing or wholesaling activities. 3 Period of Coverage With respect to insurance on or at each newly acquired or con structed property coverage will end when any of the following first occurs a This policy expires b 30 days expire after you ac quire the property or begin construction of that part of the building that would qualify as covered property or c You report values to us. We will charge you additional premium for values reported from the date you acquire the property or begin construction of that part of the building that would qualify as covered prop erty. Personal Effects And Property Of Others You may extend the insurance that applies to Your Business Personal Property to apply to 1 Personal effects owned by you your officers your partners or members your managers or your employees. This extension does not apply to loss or dam age by theft. 2 Personal property of others in your care custody or control. The most we will pay for loss or damage under this Extension is 2500 at each described premises. Our payment for loss of or damage to personal property of others will only be for the account of the owner of the property. Valuable Papers And Records Other Than Electronic Data 1 You may extend the insurance that applies to Your Business Personal Property to apply to your cost to replace or restore the lost information on valuable papers and records for which du plicates do not exist. But this Ex tension does not apply to valu able papers and records which exist as electronic data. Electron ic data has the meaning de scribed under Property Not Cov ered Electronic Data. 2 If the Causes of Loss Special Form applies coverage under this Extension is limited to the specified causes of loss as de fined in that Form and Collapse as set forth in that Form. a6L96519 SO Properties Inc. 2001 CP 00 10 04 02 Page 7 of 15
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3 If the Causes of Loss Broad Form applies coverage under this Extension includes Collapse as set forth in that Form. Under this Extension the most we will pay to replace or restore the lost information is 2500 at each described premises unless a higher limit is shown in the Declarations. Such amount is ad ditional insurance. We will also pay for the cost of blank material for reproducing the records whether or not duplicates exist and when there is a duplicate for the cost of labor to transcribe or copy the records. The costs of blank material and labor are sub ject to the applicable Limit of In surance on Your Business Per sonal Property and therefore coverage of such costs is not ad ditional insurance. d. Property Off Premises 1 2 3 You may extend the insurance provided by this Coverage Form to apply to your Covered Prop erty while it is away from the de scribed premises if it is a Temporarily at a location you do not own lease or op erate b In storage at a location you lease provided the lease was executed after the be ginning of the current policy term or c At any fair trade show or exhibition. This Extension does not apply to property a Inoron avehicle or b In the care custody or con trol of your salespersons unless the property is in such care custody or con trol at a fair trade show or exhibition. The most we will pay for loss or damage under this Extension is 10000. Outdoor Property You may extend the insurance pro vided by this Coverage Form to apply to your outdoor fences radio and television antennas including satel lite dishes signs other than signs attached to buildings trees shrubs and plants other than stock of trees shrubs or plants including de bris removal expense caused by or resulting from any of the following causes of loss if they are Covered Causes of Loss 1 Fire 2 Lightning 3 Explosion 4 Riot or Civil Commotion or 5 Aircraft. The most we will pay for loss or damage under this Extension is 1000 but not more than 250 for any one tree shrub or plant. These limits apply to any one occurrence regardless of the types or number of items lost or damaged in that occur rence. Non Owned Detached Trailers 1 You may extend the insurance that applies to Your Business Personal Property to apply to loss or damage to trailers that you do not own provided that a The trailer is used in your business b The trailer is in your care custody or control at the premises described in the Declarations and c You have a contractual re sponsibility to pay for loss or damage to the trailer. 2 We will not pay for any loss or damage that occurs a While the trailer is attached to any motor vehicle or mo torized conveyance whether or not the motor vehicle or motorized conveyance is in motion b During hitching or unhitching operations or when a trailer becomes ac cidentally unhitched from a motor vehicle or motorized conveyance. SO Properties Inc. 2001 Page 8 of 15 CP 00 10 04 02
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61506798 002842 3 The most we will pay for loss or damage under this Extension is 5000 unless a higher limit is shown in the Declarations. 4 This insurance is excess over the amount due whether you can collect on it or not from any oth er insurance covering such prop erty. Each of these Extensions is additional insur ance unless otherwise indicated. The Additional Condition Coinsurance does not apply to these Extensions. Exclusions And Limitations See applicable Causes of Loss Form as shown in the Declarations. Limits Of Insurance The most we will pay for loss or damage in any one occurrence is the applicable Limit of Insurance shown in the Declarations. The most we will pay for loss or damage to outdoor signs attached to buildings is 1000 per sign in any one occurrence. The limits applicable to the Fire Department Service Charge and Pollutant Clean Up and Removal Additional Coverages are in addi tion to the Limits of Insurance. Payments under the Preservation of Property Additional Coverage will not increase the ap plicable Limit of Insurance Deductible In any one occurrence of loss or damage hereinafter referred to as loss we will first reduce the amount of loss if required by the Coinsurance Condition or the Agreed Value Optional Coverage. If the adjusted amount of loss is less than or equal to the Deductible we will not pay for that loss. If the adjusted amount of loss exceeds the Deductible we will then subtract the Deductible from the ad justed amount of loss and will pay the result ing amount or the Limit of Insurance which ever is less. When the occurrence involves loss to more than one item of Covered Property and sepa rate Limits of Insurance apply the losses will not be combined in determining application of the Deductible. But the Deductible will be applied only once per occurrence. Example No. 1 This example assumes there is no coinsurance penalty. Deductible 250 Limit of Insurance Bldg. 1 60000 Limit of Insurance Bldg. 2 80000 Loss to Bldg. 1 60100 Loss to Bldg. 2 90000 The amount of loss to Bldg. 1 60100 is less than the sum 60250 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 60100 250 59850 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 80000. Total amount of loss payable 59850 80000 139850 Example No. 2 This example too assumes there is no coinsur ance penalty. The Deductible and Limits of Insurance are the same as those in Example No. 1. Loss to Bldg. 1 70000 exceeds Limit of Insurance plus Deductible Loss to Bldg. 2 90000 exceeds Limit of Insurance plus Deductible Loss Payable Bldg. 1 60000 Limit of Insurance Loss Payable Bldg. 2 80000 Limit of Insurance Total amount of loss payable 140000 ance Bldg. 1 ance Bldg. 2 1 2 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. SO Properties Inc. 2001 CP 00 10 04 02 Page 9 of 15
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Appraisal If we and you disagree on the value of the property or the amount of loss either may make written demand for an ap praisal of the loss. In this event each par ty will select a competent and impartial appraiser. The two appraisers will select an umpire. If they can not agree either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Payits chosen appraiser and b. 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. Duties In The Event Of Loss Or Damage a. You must see that the following are done in the event of loss or damage to Covered Property 1 Notify the police if a law may have been broken. 2 Give us prompt notice of the loss or damage. Include a description of the property involved. 3 As soon as possible give us a description of how when and where the loss or damage oc curred. 4 Take all reasonable steps to pro tect the Covered Property from further damage and keep a record of your expenses neces sary to protect the Covered Prop erty for consideration in the set tlement of the claim. This will not increase the Limit of Insur ance. However we will not pay for any subsequent loss or dam age 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 ex amination. 5 At our request give us complete inventories of the damaged and undamaged property. Include quantities costs values and amount of loss claimed. 6 As often as may be reasonably required permit us to inspect the property proving the loss or damage and examine your books and records. Also permit us to take samples of damaged and undamaged property for inspection testing and analysis and permit us to make copies from your books and records. 7 Send us a signed sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the neces sary forms. 8 Cooperate with us in the inves tigation or settlement of the claim. b. We may examine any insured under oath while not in the presence of any other insured and at such times as may be reasonably required about any matter relating to this 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. 4. LossPayment a. In the event of loss or damage cov ered by this Coverage Form at our option we will either 1 Pay the value of lost or damaged property 2 Pay the cost of repairing or re placing the lost or damaged property subject to b. below 3 Take all or any part of the prop erty at an agreed or appraised value or 4 Repair rebuild or replace the property with other property of like kind and quality subject to b. below. We will determine the value of lost or damaged property or the cost of its repair or replacement in accordance with the applicable terms of the Valu ation Condition in this Coverage Form or any applicable provision which amends or supersedes the Valuation Condition. SO Properties Inc. 2001 Page 10 of 15 CP 00 10 04 02
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b. The cost to repair rebuild or replace does not include the increased cost attributable to enforcement of any ordinance or law regulating the con struction use or repair of any prop erty. 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 own ers of lost or damaged property if other than you. If we pay the owners such payments will satisfy your claims against us for the owners property. We will not pay the owners more than their financial interest in the Covered Property. f. We may elect to defend you against suits arising from claims of owners of property. We will do this at our ex pense. g. We will pay for covered loss or dam age 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. 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. Vacancy a. Description Of Terms 1 As used in this Vacancy Condi tion the term building and the term vacant have the meanings set forth in 1 and 1b be low a When this policy is issued to atenant and with respect to that tenant s interest in Cov ered Property building means the wunit or suite rented or leased to the ten ant. Such building is vacant when it does not contain enough business personal property to conduct custom ary operations. b When this policy is issued to the owner or general lessee of a building building means the entire building. Such building is vacant un less at least 31 of its total square footage is i Rented to a lessee or sub lessee and used by the lessee or sublessee to conduct its custom ary operations andor ii Used by the building owner to conduct cus tomary operations. 2 Buildings under construction or renovation are not considered vacant. b. Vacancy Provisions If the building where loss or damage occurs has been vacant for more than 60 consecutive days before that loss or damage occurs 1 We will not pay for any loss or damage caused by any of the fol lowing even if they are Covered Causes of Loss a Vandalism b Sprinkler leakage unless you have protected the sys tem against freezing c Building glass breakage d Water damage e Theft or f Attempted theft. 2 With respect to Covered Causes of Loss other than those listed in b.1a through b.1f above we will reduce the amount we would otherwise pay for the loss or damage by 15. Valuation We will determine the value of Covered Property in the event of loss or damage as follows a6L96519 SO Properties Inc. 2001 CP 00 10 04 02 Page 11 of 15
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a. At actual cash value as of the time of loss or damage except as provided in b c. d. e. and f. below. b. If the Limit of Insurance for Building satisfies the Additional Condition Coinsurance and the cost to repair or replace the damaged building property is 2500 or less we will pay the cost of building repairs or re placement. The cost of building repairs or re placement does not include the in creased cost attributable to enforcement of any ordinance or law regulating the construction use or repair of any property. However the following property will be valued at the actual cash value even when at tached to the building 1 Awnings or floor coverings 2 Appliances for refrigerating ventilating cooking dishwash ing or laundering or 3 Outdoor equipment or furniture. c. Stock you have sold but not deliv ered at the selling price less dis counts and expenses 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 Better ments at 1 Actual cash value of the lost or damaged property if you make repairs promptly. 2 A proportion of your original cost if you do not make repairs promptly. We will determine the proportionate value as follows a Multiply the original cost by the number of days from the loss or damage to the expi ration of the lease and b Divide the amount deter mined in a above by the number of days from the in stallation of improvements to the expiration of the lease. If your lease contains a renewal option the expiration of the re newal option period will replace the expiration of the lease in this procedure. 3 Nothing if others pay for repairs or replacement. Page 12 of 15 SO Prope F. 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 Prop erty at the time of loss times the Co insurance 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 deter mined in Step 1 3 Multiply the total amount of loss before the application of any deductible by the figure de termined 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 your self. Example No. 1 Underinsurance When The value of the prop erty is 250000 The Coinsurance per centage for it is 80 The Limit of Insurance for it is 100000 The Deductible is 250 The amount of loss is 40000 Step 1250000 x 80 200000 the minimum amount of insurance to meet your Coinsurance require ments Step 2100000 200000.50 Step 340000 x.50 20000 Step 4 20000 250 19750 We will pay no more than 19750. The remaining 20250 is not covered. SO Properties Inc. 2001 CP 00 10 04 02
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Example No. 2 Adequate Insurance When The value of the prop erty is 250000 The Coinsurance per centage for it is 80 The Limit of Insurance for it is 200000 The Deductible is 250 The amount of loss is 40000 The minimum amount of insurance to meet your Coinsurance require ment is 200000 250000 x 80. Therefore the Limit of Insurance in this Example is adequate and no penalty applies. We will pay no more than 39750 40000 amount of loss minus the deductible of 250. b. If one Limit of Insurance applies to two or more separate items this con dition will apply to the total of all property to which the limit applies. 002842 Example No. 3 When The value of property is Bldg. at Location No. 1 75000 Bldg. at Location No. 2 100000 Personal Property at Location No. 2 75000 250000 The Coinsurance percentage for it is 90 The Limit of Insurance for Buildings and Personal Property at Location Nos. 1and 2is 180000 The Deductible is 1000 The amount of loss is Bldg. at Location No. 2 30000 Personal Property at Location No. 2 20000 50000 Step 1250000 x 90 225000 the minimum amount of insurance to meet your Coinsurance require ments and to avoid the penalty s shown below Step 2180000 225000.80 Step 350000 x.80 40000. Step 440000 1000 39000. We will pay no more than 39000. The re maining 11000 is not covered. 2. Mortgageholders a. The term mortgageholder includes trustee. We will pay for covered loss of or damage to buildings or structures to each mortgageholder shown in the Declarations in their order of prece dence as interests may appear. The mortgageholder has the right to receive loss payment even if the mortgageholder has started foreclo sure or similar action on the building or structure. If we deny your claim because of your acts or because you have failed to comply with the terms of this Cov erage Part the mortgageholder will still have the right to receive loss payment if the mortgageholder 1 Pays any premium due under this Coverage Part at our request if you have failed to do so 2 Submits a signed sworn proof of loss within 60 days after re ceiving notice from us of your failure to do so and 3 Has notified us of any change in ownership occupancy or sub stantial change in risk known to the mortgageholder. All of the terms of this Coverage Part will then apply directly to the mortgageholder. If we pay the mortgageholder for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part 1 The mortgageholder s rights un der the mortgage will be trans ferred to us to the extent of the amount we pay and 2 The mortgageholder s right to recover the full amount of the mortgageholder s claim will not be impaired. At our option we may pay to the mortgageholder the whole principal on the mortgage plus any accrued in terest. In this event your mortgage and note will be transferred to us and you will pay your remaining mort gage debt to us. If we cancel this policy we will give written notice to the mortgageholder at least 1 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or 75000 100000 75000 250000 90 ss is No. 2 at SO Properties Inc. 2001 CP 00 10 04 02 Page 13 of 15
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2 30 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the mortgageholder at least 10 days be fore the expiration date of this policy. G. Optional Coverages If shown as applicable in the Declarations the following Optional Coverages apply separate ly to each item. Agreed Value 1. 2. a. The Additional Condition Coinsur ance does not apply to Covered Property to which this Optional Cov erage applies. We will pay no more for loss of or damage to that property than the proportion that the Limit of Insurance under this Coverage Part for the property bears to the Agreed Value shown for it in the Declara tions. If the expiration date for this Option al Coverage shown in the Declara tions is not extended the Additional Condition Coinsurance is reinstated and this Optional Coverage expires. The terms of this Optional Coverage apply only to loss or damage that oc curs 1 On or after the effective date of this Optional Coverage and 2 Before the Agreed Value expira tion date shown in the Declara tions or the policy expiration date whichever occurs first. Inflation Guard a. The Limit of Insurance for property to which this Optional Coverage ap plied will automatically increase by the annual percentage shown in the Declarations. The amount of increase will be 1 The Limit of Insurance that ap plied on the most recent of the policy inception date the policy anniversary date or any other policy change amending the Limit of Insurance times 2 The percentage of annual in crease shown in the Declara tions expressed as a decimal example 8 is.08 times 3 The number of days since the beginning of the current policy year or the effective date of the most recent policy change amending the Limit of Insurance divided by 365. Example If The applicable Limit of Insurance is 100000 The annual percentage increase is 8 The number of days since the beginning of the policy year or last policy change is 146 The amount of increase is 100000 x.08 x 146 365 3200 3. Replacement Cost a. Replacement Cost without deduc tion for depreciation replaces Actual Cash Value in the Loss Condition Valuation of this Coverage Form. This Optional Coverage does not ap ply to 1 Personal property of others 2 Contents of aresidence 3 Works of art antiques or rare ar ticles including etchings pic tures statuary marbles bronzes porcelains and bric a brac or 4 Stock unless the Including Stock option is shown in the Declarations. Under the terms of this Replacement Cost Optional Coverage tenants im provements and betterments are not considered to be the personal prop erty of others. You may make a claim for loss or damage covered by this insurance on an actual cash value basis instead of on a replacement cost basis. In the event you elect to have loss or dam age settled on an actual cash value basis you may still make a claim for the additional coverage this Optional Coverage provides if you notify us of your intent to do so within 180 days after the loss or damage. We will not pay on a replacement cost basis for any loss or damage 1 Until the lost or damaged prop erty is actually repaired or re placed and 100000 8 nan nan nan nan 146.0 SO Properties Inc. 2001 Page 14 of 15 CP 00 10 04 02
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2 Unless the repairs or replace ment are made as soon as reasonably possible after the loss or damage. With respect to tenants improve ments and betterments the follow ing also apply 3 If the conditions in d.1 and d.2 above are not met the value of tenants improvements and bet terments will be determined as a proportion of your original cost as set forth in the Valuation Con dition of this Coverage Form and 4 We will not pay for loss or dam age to tenants improvements and betterments if others pay for repairs or replacement. We will not pay more for loss or damage on a replacement cost basis than the least of 1 2 or 3 subject of f. below 1 The Limit of Insurance applica ble to the lost or damaged prop erty 2 The cost to replace the lost or damaged property with other property a Of comparable material and quality and b Used for the same purpose or 3 The amount actually spent that is necessary to repair or replace the lost or damaged property. If a building is rebuilt at a new prem ises the cost described in e.2 above is limited to the cost which would have been incurred if the building had been rebuilt at the original prem ises. The cost of repair or replacement does not include the increased cost attributable to enforcement of any ordinance or law regulating the con struction use or repair of any prop erty. 4. Extension Of Replacement Cost To Per sonal Property Of Others a. If the Replacement Cost Optional Coverage is shown as applicable in the Declarations then this Extension may also be shown as applicable. If the Declarations show this Extension as applicable then Paragraph 3.b.1 of the Replacement Cost Optional Coverage is deleted and all other provisions of the Replacement Cost Optional Coverage apply to replace ment cost on personal property of others. b. With respect to replacement cost on the personal property of others the following limitation applies If an items of personal property of others is subject to a written contract which governs your liability for loss or damage to that items then valu ation of that items will be based on the amount for which you are liable under such contract but not to ex ceed the lesser of the replacement cost of the property or the applicable Limit of Insurance. H. DEFINITIONS 1. Fungus means any type or form of fun gus including mold or mildew and any mycotoxins spores scents or by pro ducts produced or released by fungi. 2. Pollutants means any solid liquid gas eous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 3. Stock means merchandise held in stor age or for sale raw materials and in pro cess or finished goods including sup plies used in their packing or shipping. a6L96519 SO Properties Inc. 2001 CP 00 10 04 02 Page 15 of 15
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COMMERCIAL PROPERTY CP 00 30 04 02 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 Defini tions. A. Coverage a. The portion of the building which 1. Business Income Business Income means the a. Net Income Net Profit or Loss before income taxes that would have been earned or incurred and b. Continuing normal operating ex penses incurred including payroll. For manufacturing risks. Net Income in cludes the net sales value of production. Coverage is provided as described and limit ed 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 Val ue. b. Business Income other than Rental Val ue. c. Rental Value. If option a. above is selected the term Busi ness 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. We will pay for the actual loss of Business Income you sustain due to the necessary suspension of your operations during the period of restoration. The suspension must be caused by direct physical loss of or damage to property at premises which are described in the Declarations and for which a Business Income Limit of Insurance is shown in the Declarations. The loss or damage must be caused by or result from a Covered Cause of Loss. With respect to loss of or damage to personal property in the open or personal property in a vehicle the described premises include the area within 100 feet of the site at which the described premises are located. With respect to the requirements set forth in the preceding paragraph if you occupy only part of the site at which the described prem ises are located your premises means you rent lease or occupy and b. Any area within the building or on the site at which the described prem ises are located if that area services or is used to gain access to the de scribed premises. 2. Extra Expense a. Extra Expense coverage is provided at the premises described in the Dec larations only if the Declarations show that Business Income coverage applies at that premises. b. Extra Expense means necessary ex penses you incur during the period of restoration that you would not have incurred if there had been no direct physical loss or damage to property caused by or resulting from a Covered Cause of Loss. We will pay Extra Expense other than the expense to repair or replace property to 1 Avoid or minimize the suspen sion of business and to contin ue operations at the described premises or at replacement premises or temporary loca tions including relocation ex penses and costs to equip and operate the replacement location or temporary location. 2 Minimize the suspension of business if you can not continue operations. We will also pay Extra Expense to repair or replace property but only to the extent it reduces the amount of loss that otherwise would have been payable under this Coverage Form. 3. Covered Causes of Loss Exclusions And Limitations See applicable Causes of Loss Form as shown in the Declarations. SO Properties Inc. 2001 CP 00 30 04 02 Page 1 of 9
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4. Additional Limitation Interruption of Computer Operations 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 or damage to electronic data except as provided under the Additional Coverage Interruption of Computer Operations. Coverage for Extra Expense does not apply when action is taken to avoid or minimize a suspension of op erations caused by destruction or corruption of electronic data or any loss or damage to electronic data except as provided under the Addi tional Coverage Interruption of Computer Operations. Electronic data means information facts or computer programs stored as or on created or used on or trans mitted to or from computer software including systems and applications software on hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other re positories of computer software which are used with electronically controlled equipment. The term computer programs referred to in the foregoing description of electron ic data means a set of related elec tronic instructions which direct the operations and functions of a com puter or device connected to it which enable the computer or device to receive process store retrieve or send data. 5. Additional Coverages 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 described premises due to direct physical loss of or damage to property other than at the de scribed premises caused by or re sulting from any Covered Cause of Loss. The coverage for Business Income will begin 72 hours after the time of that action and will apply for a period of up to three consecutive weeks after coverage begins. The coverage for Extra Expense will begin immediately after the time of that action and will end 1 3 consecutive weeks after the time of that action or 2 When your Business Income coverage ends whichever is later. 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 or damage at the described premises caused by or resulting from any Covered Cause of Loss to 1 New buildings or structures whether complete or under con struction 2 Alterations or additions to exist ing buildings or structures and 3 Machinery equipment supplies or building materials located on or within 100 feet of the de scribed premises and a Used in the construction al terations or additions or b Incidental to the occupancy of new buildings. If such direct physical loss or dam age delays the start of operations the period of restoration for Busi ness Income Coverage will begin on the date operations would have begun if the direct physical loss or damage had not occurred. Extended Business Income 1 Business Income Other Than Rental Value If the necessary suspension of your operations produces a Business Income loss payable under this policy we will pay for the actual loss of Business In come you incur during the peri od that a Begins on the date property except finished stock is actually repaired rebuilt or replaced and operations are resumed and a6L96519 SO Properties Inc. 2001 Page 2 of 9 CP 00 30 04 02
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2 b Ends on the earlier of i The date you could re store your operations with reasonable speed to the level which would generate the business income amount that would have existed if no direct physical loss or damage had occurred or ii 30 consecutive days after the date deter mined in 1a above. However Extended Business In come 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 described premises are located. Loss of Business Income must be caused by direct physical loss or damage at the described premises caused by or resulting from any Covered Cause of Loss. Rental Value If the necessary suspension of your operations produces a Rental Value loss payable un der this policy 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 re store tenant occupancy with reasonable speed to the level which would generate the Rental Value that would have existed if no direct physical loss or damage had occurred or ii 30 consecutive days after the date deter mined in 2a above. d. However Extended Business In come does not apply to loss of Rental Value incurred as a re sult of unfavorable business conditions caused by the impact of the Covered Cause of Loss in the area where the described premises are located. Loss of Rental Value must be caused by direct physical loss or damage at the described prem ises caused by or resulting from any Covered Cause of Loss. Interruption of Computer Oper ations 1 2 3 Under this Additional Coverage electronic data has the meaning described under Additional Limi tation Interruption of Computer Operations. Subject to all provisions of this Additional Coverage you may extend the insurance that ap plies to Business Income and Ex tra Expense to apply to a sus pension of operations caused by an interruption in computer operations due to destruction or corruption of electronic data due to a Covered Cause of Loss. With respect to the coverage provided under this Additional Coverage the Covered Causes of Loss are subject to the follow ing a If the Causes of Loss Spe cial Form applies coverage under this Additional Cover age Interruption of Com puter Operations is limited to the specified causes of loss as defined in that Form and Collapse as set forth in that Form. b If the Causes of Loss Broad Form applies coverage un der this Additional Coverage Interruption of Computer Operations includes Col lapse as set forth in that Form. SO Properties Inc. 2001 CP 00 30 04 02 Page 3 of 9
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c If the Causes of Loss Form is endorsed to add a Covered Cause of Loss the additional Covered Cause of Loss does not apply to the coverage provided under this Addi tional Coverage Interrup tion of Computer Oper ations. d The Covered Causes of Loss include a virus harmful code or similar instruction introduced into or enacted on a computer system in cluding electronic data or a network to which it is con nected 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 em ployee including a tempo rary or leased employee or by an entity retained by you or for you to inspect design install maintain repair or replace that system. 4 The most we will pay under this Additional Coverage Interrup tion of Computer Operations is 2500 for all loss sustained and expense incurred in any one policy year regardless of the number of interruptions or the number of premises locations or computer systems involved. f 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 policy year. A balance re maining at the end of a policy year does not increase the amount of insurance in the next policy year. With respect to any interruption which begins in one policy year and continues or re sults in additional loss or ex pense in subsequent policy years all loss and expense is deemed to be sustained or in curred in the policy year in which the interruption began. 5 This Additional Coverage Inter ruption 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 4 above has not been exhausted. 6. Coverage Extension If a Coinsurance percentage of 50 or more is shown in the Declarations you may extend the insurance provided by this Coverage Part as follows Newly Acquired Locations a. You may extend your Business In come and Extra Expense Coverages to apply to property at any location you acquire other than fairs or exhi bitions. b. The most we will pay under this Ex tension for the sum of Business In come loss and Extra Expense incurred is 100000 at each loca tion. c. Insurance under this Extension for each newly acquired location will end when any of the following first oceurs 1 This policy expires 2 30 days expire after you acquire or begin to construct the prop erty or 3 You report values to us. We will charge you additional premi um for values reported from the date you acquire the property. This Extension is additional insurance. The Additional Condition Coinsurance does not apply to this Extension. Limits Of Insurance The most we will pay for loss in any one oc currence is the applicable Limit of Insurance shown in the Declarations. The limit applicable to the Coverage Exten sion is in addition to the Limit of Insurance. Payments under the following coverages will not increase the applicable Limit of Insur ance 1. Alterations and New Buildings 2. Civil Authority 3. Extra Expense or 4. Extended Business Income. Loss Conditions The following conditions apply in addition to the Common Policy Conditions and the Com mercial Property Conditions. a6L96519 SO Properties Inc. 2001 Page 4 of 9 CP 00 30 04 02
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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 com petent and impartial appraiser. The two appraisers will select an umpire. If they can not 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 um pire. A decision agreed to by any two will be binding. Each party will a. Payits chosen appraiser and b. 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. 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 di rect physical loss or damage. In clude a description of the prop erty involved. 3 As soon as possible give us a description of how when and where the direct physical loss or damage occurred. 4 Take all reasonable steps to pro tect the Covered Property from further damage and keep a record of your expenses neces sary to protect the Covered Prop erty for consideration in the set tlement of the claim. This will not increase the Limit of Insur ance. However we will not pay for any subsequent loss or dam age 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 ex amination. 5 As often as may be reasonably required permit us to inspect the property proving the loss or damage and examine your books and records. Also permit us to take samples of damaged and undamaged property for inspection testing and analysis and permit us to make copies from your books and records. 6 Send us a signed sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the neces sary forms. 7 Cooperate with us in the inves tigation 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 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. 3. Loss Determination a. The amount of Business Income loss will be determined based on 1 The Net Income of the business before the direct physical loss or damage occurred 2 The likely Net Income of the business if no physical loss or damage 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 favor able business conditions caused by the impact of the Covered Cause of Loss on customers or on other businesses 3 The operating expenses includ ing payroll expenses necessary to resume operations with the same quality of service that ex isted just before the direct phys ical loss or damage and 4 Other relevant sources of infor mation including a Your financial records and accounting procedures SO Properties Inc. 2001 CP 00 30 04 02 Page 5 of 9
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b Bills invoices and other D. Addition vouchers and Coinsur c Deeds liens or contracts. If a Coir b. The amount of Extra Expense will be Declarati determined based on in additic 1 All expenses that exceed the and the normal operating expenses that We will would have been incurred by ness Inc operations during the period Business of restoration if no direct phys a. ical loss or damage had oc curred. We will deduct from the total of such expenses b. a The salvage value that re mains of any property bought for temporary use during the period of resto ration 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 Inslsaq 2 Necessary expenses that reduce pay usin the Business Income loss that 1. Mut otherwise would have been in expe curred. ince c. Resumption Of Operations dzi We will reduce the amount of your 2 pDivi 1 Business Income loss other than i serik Extra Expense to the extent you ming can resume your operations 3. Mul in whole or in part by using N figu damaged or undamaged proper ty including merchandise or We will stock at the described premises or the li or elsewhere. For the r 2 Extra Expense loss to the extent gnclher you can return operations to normal and discontinue such Ex In deter tra Expense. purpose N tion the d. If you do not resume operations shall be or do not resume operations as ing oxpe quickly as possible we will pay based on the length of time it would 1. Prey have taken to resume operations 2. Rett as quickly as possible. 3. Disc 4. LossPayment 4. Bad We will pay for covered loss within 30 5. Coll days after we receive the sworn proof of 6. Cosl loss if you have complied with all of the cons terms of this Coverage Part and char a. We have reached agreement with 7. Cosf you on the amount of loss or tran b. An appraisal award has been made. Page 6 of 9 SO Properties Inc. 2001 Ad 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 Busi ness Income loss if the Limit of Insurance for Business Income is less than ional Condition a. The Coinsurance percentage shown for Business Income in the Declara tions times b. The sum of 1 The Net Income Net Profit or Loss before income taxes and 2 Operating expenses including payroll expenses that would have been earned or in curred had no loss occurred by your operations at the described prem ises for the 12 months following the inception or last previous anniversa ry date of this policy 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 policy by the Coinsurance percentage 2. Divide the Limit of Insurance for the de scribed premises by the figure deter mined 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 your self. In determining operating expenses for the purpose of applying the Coinsurance condi tion the following expenses if applicable shall be deducted from the total of all operat ing expenses Collection expenses Cost of raw stock and factory supplies consumed including transportation charges 7. Cost of merchandise sold including transportation charges 1. Prepaid freight outgoing 2. Returns and allowances 3. Discounts 4. Bad debts 5. 6. a6L96519 CP 00 30 04 02
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Cost of other supplies consumed includ ing transportation charges Cost of services purchased from outsid ers 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 CP 15 10 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 per centage depletion welfare and retire ment fund charges based on tonnage hired trucks. Example No. 1 Underinsurance When The Net Income and op erating expenses for the 12 months following the inception or last previous anniversary date of this policy at the described premises would have been 400000 The Coinsurance per centage is 50 The Limit of Insurance is 150000 The amount of loss is 80000 Step 1 400000 x 50 200000 the minimum amount of insurance to meet your Coinsurance requirements Step 2 150000 200000.75 Step 3 80000 x.75 60000 We will pay no more than 60000. The re maining 20000 is not covered. Example No. 2 Adequate Insurance When The Net Income and op operating expenses for the 12 months following the inception or last previous anniversary date of this policy at the described premises would have been 400000 The Coinsurance per centage is 50 The Limit of Insurance is 200000 The amount of loss is 80000 The minimum amount of insurance to meet your Coinsurance requirement is 200000 400000 x 50. Therefore the Limit of In surance in this Example is adequate and no penalty applies. We will pay no more than 80000 amount of loss. This condition does not apply to Extra Ex pense coverage. Optional Coverages If shown as applicable in the Declarations the following Optional Coverages apply separate ly to each item. 1. Maximum Period Of Indemnity a. The Additional Condition Coinsur ance does not apply to this Cover age Form at the described premises to which this Optional Coverage ap plies. b. The most we will pay for the total of Business Income loss and Extra Ex pense is the lesser of 1 The amount of loss sustained and expenses incurred during the 120 days immediately fol lowing the beginning of the pe riod of restoration or 2 The Limit of Insurance shown in the Declarations. 2. Monthly Limit Of Indemnity a. The Additional Condition Coinsur ance does not apply to this Cover age Form at the described premises to which this Optional Coverage ap plies. 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 multi plied by 2 The fraction shown in the Dec larations for this Optional Cover age. SO Properties Inc. 2001 CP 00 30 04 02 Page 7 of 9
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Example When The Limit of Insurance is 120000 The fraction shown in the Declarations for this Optional Coverage is 14 The most we will pay for loss in each period of 30 consecutive days is 120000 x 14 30000 If in this example the actual amount of loss is Days 1 30 40000 Days 31 60 20000. Days 61 90 30000 E 90000 We will pay Days 1 30 30000 Days 31 60 20000 3 Days 61 90 30000 g 80000 The remaining 10000 is not covered. 3. Business Income Agreed Value a. To activate this Optional Coverage 1 A Business Income Report Work Sheet must be submitted to us 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 ap plies and an Agreed Value must be shown in 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. The Additional Condition Coinsur ance is suspended until 1 12 months after the effective date of this Optional Coverage or 2n0 2 The expiration date of this poli cy whichever occurs first. c. We will reinstate the Additional Con dition Coinsurance automatically if you do not submit a new Work Sheet and Agreed Value 1 Within 12 months of the effective date of this Optional Coverage or 2 When you request a change in your Business Income Limit of Insurance. d. If the Business Income Limit of Insur ance 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 In surance divided by 2 The Agreed Value. Example When The Limit of Insurance is 100000 The Agreed Value is 200000 The amount of loss is 80000 Step a 100000 200000.50 Step b.50 x 80000 40000 We will pay 40000. The remaining 40000 is not covered. 4. Extended Period Of Indemnity Under paragraph A.5.c. Extended Busi ness Income the number 30 in Subparagraphs 1b and 2b is re placed by the number shown in the Dec larations for this Optional Coverage. F. Definitions 1. Finished Stock means stock you have manufactured. Finished stock also includes whiskey and alcoholic products being aged un less there is a Coinsurance percentage shown for Business Income in the Dec larations. 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. Operations means a. Your business activities occurring at the described premises and b. The tenantability of the described premises if coverage for Business Income including Rental Value or Rental Value applies. 14 SO Properties Inc. 2001 Page 8 of 9 CP 00 30 04 02
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3. Period of Restoration means the period of time that a. Begins 1 72 hours after the time of direct 2 physical loss or damage for Business Income coverage or Immediately after the time of di rect physical loss or damage for Extra Expense coverage caused by or resulting from any Cov ered Cause of Loss at the described premises and b. Ends on the earlier of 1 2 Period The date when the property at the described premises should be repaired rebuilt or replaced with reasonable speed and simi lar quality or The date when business is re sumed at a new permanent loca tion. of restoration does not include any increased period required due to the enforcement of any ordinance or law that 1 2 Regulates the construction use or repair or requires the tearing down of any property or Requires any insured or others to 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. The expiration date of this policy will not cut short the period of restoration. Pollutants means any solid liquid gas eous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Rental Value means Business Income that consist 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 prem ises described in the Declarations as furnished and equipped by you in cluding fair rental value of any por tion of the described premises which is occupied by you and b. Continuing normal operating ex penses incurred in connection with that premises including 1 Payroll and 2 The amount of charges which are the legal obligation of the tenants but would otherwise be your obligations. Suspension means a. The slowdown or cessation of your business activities or b. That a part or all of the described premises is rendered untenantable if coverage for Business Income in cluding Rental Value or Rental Value applies. SO Properties Inc. 2001 CP 00 30 04 02 Page 9 of 9
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COMMERCIAL PROPERTY COMMERCIAL PROPERTY CONDITIONS 61506798 002842 2n0 o 162 107 This Coverage Part is subject to the following conditions Loss Conditions and Additional CONCEALMENT MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured at any time intentionally conceal or misrepresent a material fact concerning 1. This Coverage Part 2. The Covered Property 3. Your interest in the Covered Property or 4. Aclaim under this Coverage Part. 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 af fect coverage at any location where at the time of loss or damage the breach of con dition does not exist. INSURANCE UNDER TWO OR MORE COVER AGES If two or more of this policy s coverages ap ply to the same loss or damage we will not pay more than the actual amount of the loss or damage. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless 1. There has been full compliance with all of the terms of this Coverage Part and 2. The action is brought within 2 years after the date on which the direct physical loss or damage occurred. Conditions in Commercial the Common Policy Conditions and applicable Property Coverage Forms. E. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part with out additional premium within 45 days prior to or during the policy period the broadened coverage will immediately apply to this Cov erage Part. F. NO BENEFIT TO BAILEE No person or organization other than you having custody of Covered Property will benefit from this insurance. G. OTHER INSURANCE 1. You may have other insurance subject to the same plan terms conditions and pro visions as the insurance under this Cov erage Part. If you do we will pay our share of the covered loss or damage. Our share is the proportion that the applica ble Limit of Insurance under this Cover age Part bears to the Limits of Insurance of all insurance covering on the same ba sis. 2. If there is other insurance covering the same loss or damage other than that de scribed in 1. above we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. H. POLICY PERIOD COVERAGE TERRITORY Under this Coverage Part 1. We cover loss or damage commencing a. During the policy period shown in the Declarations and b. Within the coverage territory. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part with out additional premium within 45 days prior to or during the policy period the broadened coverage will immediately apply to this Cov erage Part. NO BENEFIT TO BAILEE No person or organization other than you having custody of Covered Property will benefit from this insurance. OTHER INSURANCE 1. You may have other insurance subject to the same plan terms conditions and pro visions as the insurance under this Cov erage Part. If you do we will pay our share of the covered loss or damage. Our share is the proportion that the applica ble Limit of Insurance under this Cover age Part bears to the Limits of Insurance of all insurance covering on the same ba sis. 2. If there is other insurance covering the same loss or damage other than that de scribed in 1. above we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. POLICY PERIOD COVERAGE TERRITORY Under this Coverage Part 1. We cover loss or damage commencing a. During the policy period shown in the Declarations and b. Within the coverage territory. CP 0090 07 88 Copyright 1SO Commercial Risk Services Inc. 1983 1987 Page 1 of 2
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2. The coverage territory is a. The United States of America in cluding its territories and posses sions b. Puerto Rico and c. Canada. 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 se cure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing 1. Prior to a loss to your Covered Property or Covered Income. 2. After aloss to your Covered Property or Covered Income only if at time of loss that party is one of the following Someone insured by this insurance 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. CP 0090 07 88 Copyright 1SO Commercial Risk Services Inc. 1983 1987 Page 2 of 2
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61506798 002842 2n0 COMMERCIAL PROPERTY CP 01 40 07 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY The exclusion set forth in Paragraph B. ap plies to all coverage under all forms and en dorsements that comprise this Coverage Part or Policy including but not limited to forms or endorsements that cover property damage to buildings or personal property and forms or endorsements that cover business income extra expense or action of civil authority. We will not pay for loss or damage caused by or resulting from any virus bacterium or oth er microorganism that induces or is capable of inducing physical distress illness or dis ease. However this exclusion does not apply to loss or damage caused by or resulting from fungus wet rot or dry rot. Such loss or damage is addressed in a separate exclusion in this Coverage Part or Policy. With respect to any loss or damage subject to the exclusion in Paragraph B. such exclusion supersedes any exclusion relating to pollu tants. This endorsement modifies insurance provided under the following The following provisions in this Coverage Part or Policy are hereby amended to remove reference to bacteria 1. Exclusion of Fungus Wet Rot Dry Rot And Bacteria and 2. Additional Coverage Limited Coverage for Fungus Wet Rot Dry Rot And Bac teria including any endorsement increas ing the scope or amount of coverage. The terms of the exclusion in Paragraph B. or the inapplicability of this exclusion to a par ticular loss do not serve to create coverage for any loss that would otherwise be excluded under this Coverage Part or Policy. The following provisions in this Coverage Part or Policy are hereby amended to remove reference to bacteria 1. Exclusion of Fungus Wet Rot Dry Rot And Bacteria and 2. Additional Coverage Limited Coverage for Fungus Wet Rot Dry Rot And Bac teria including any endorsement increas ing the scope or amount of coverage. The terms of the exclusion in Paragraph B. or the inapplicability of this exclusion to a par ticular loss do not serve to create coverage for any loss that would otherwise be excluded under this Coverage Part or Policy. ISO Properties Inc. 2006 CP 01 40 07 06 Page 1 of 1
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COMMERCIAL PROPERTY CP 04 49 12 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES REPLACEMENT COST COMMERCIAL PROPERTY COVERAGE PART An open policy is a policy under which the value of Covered Property is not fixed at poli cy inception but is determined at the time of loss in accordance with policy provisions on valuation. The term open policy does not apply to Covered Property that is subject to an Agreed Value clause or similar clause that establishes an agreed value prior to loss un less such clause has expired. Under an open policy when the Replace ment Cost Optional Coverage Replacement Cost is shown as applicable in the Declara tions that Coverage is replaced by the follow ing Replacement Cost 1. Replacement Cost without deduction for depreciation replaces Actual Cash Value in the Loss Condition Valuation of the applicable Coverage Form. 2. This Optional Coverage does not apply to a. Personal property of others b. Contents of aresidence Works of art antiques or rare arti cles including etchings pictures statuary marbles bronzes porce lains and bric a brac or d. Stock unless the Including Stock option is shown in the Dec larations. Under the terms of this Replacement Cost Optional Coverage tenants im provements and betterments are not con sidered to be the personal property of others. This endorsement modifies insurance provided under the following We will not pay on a replacement cost basis for any loss or damage until the lost or damaged property is actually repaired or replaced. Prior to such repair or re placement and in accordance with the terms of the applicable Loss Payment conditions in this policy we will pay the actual cash value of the lost or damaged property as described in Paragraph 4. be low. If the actual cash value does not ex haust the applicable Limit of Insurance we will then pay the difference between the actual cash value and the replace ment cost provided that the repair or re placement is completed a. Within 12 months after our payment of the actual cash value or b. Within 24 months after our payment of the actual cash value if the loss or damage relates to a state of emer gency as described in Section 8558 of the Government Code unless we extend the time period for good cause. The foregoing provisions do not consti tute a waiver of our right to deny the claim for any valid reason or to restrict payment in cases of suspected fraud. Actual cash value is determined as fol lows a. In the event of atotal loss to a build ing or structure actual cash value is calculated as the Limit of Insurance applicable to that building or struc ture or the fair market value of the building or structure whichever is We will not pay on a replacement cost basis for any loss or damage until the lost or damaged property is actually repaired or replaced. Prior to such repair or re placement and in accordance with the terms of the applicable Loss Payment conditions in this policy we will pay the actual cash value of the lost or damaged property as described in Paragraph 4. be low. If the actual cash value does not ex haust the applicable Limit of Insurance we will then pay the difference between the actual cash value and the replace ment cost provided that the repair or re placement is completed a. Within 12 months after our payment of the actual cash value or b. Within 24 months after our payment of the actual cash value if the loss or damage relates to a state of emer gency as described in Section 8558 of the Government Code unless we extend the time period for good cause. The foregoing provisions do not consti tute a waiver of our right to deny the claim for any valid reason or to restrict payment in cases of suspected fraud. Actual cash value is determined as fol lows a. In the event of atotal loss to a build ing or structure actual cash value is calculated as the Limit of Insurance applicable to that building or struc ture or the fair market value of the building or structure whichever is less. SO Properties Inc. 2005 CP 04 49 12 05 Page 1 of 2
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b. In the event of a partial loss to a building or structure actual cash val ue is calculated as b.1. or b.2. which ever is less 1. The amount it would cost to re pair rebuild or replace the property less a fair and reason able deduction for physical de preciation of the components of the building or structure that are normally subject to repair or re placement during its useful life. Physical depreciation is based upon the condition of the prop erty at the time of the loss 2. The Limit of Insurance applica ble to the property. c. Inthe event of a partial or total loss to Covered Property other than a building or structure actual cash val ue is calculated as c.1. or c.2. which ever is less 1. The amount it would cost to re pair or replace the property less a fair and reasonable deduction for physical depreciation based on the condition of the property at the time of loss 2. The Limit of Insurance applica ble to the property. With respect to tenants improvements and betterments the following also ap ply a. If the property is not repaired or re placed the value of tenants im provements and betterments will be determined as a proportion of your original cost as set forth in the Valu ation Condition of the applicable Coverage Form. b. We will not pay for loss or damage to tenants improvements and better ments if others pay for repair or re placement. We will not pay more for loss or damage on a replacement cost basis than the least of a. b. or c. subject to 7. below a. The Limit of Insurance applicable to the lost or damaged property b. The cost to replace the lost or damaged property with other prop erty 1. Of comparable material and quality and 2. Used for the same purpose or c. The amount actually spent that is necessary to repair or replace the lost or damaged property. If a building is rebuilt at a new premises the cost described in 6.b. above is limited to the cost which would have been in curred if the building had been rebuilt at the original premises. The cost of repair or replacement does not include the increased cost attribut able to enforcement of any ordinance or law regulating the construction use or repair of any property. C. Extension Of Replacement Cost To Personal Property Of Others 1. Under an open policy when the Re placement Cost Optional Coverage is shown as applicable in the Declarations then this Extension may also be shown as applicable. If the Declarations show this Extension as applicable then Para graph B.2.a. of the Replacement Cost Op tional Coverage is deleted and all other provisions of the Replacement Cost Op tional Coverage apply to replacement cost on personal property of others. With respect to replacement cost on the personal property of others the following limitation applies If an items of personal property of oth ers is subject to a written contract which governs your liability for loss or damage to that items then valuation of that items will be based on the amount for which you are liable under such contract but not to exceed the lesser of the re placement cost of the property or the ap plicable Limit of Insurance. a6L96519 SO Properties Inc. 2005 CP 04 49 12 05 Page 2 of 2
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COMMERCIAL PROPERTY CP 10 30 04 02 A. CAUSESOFLOSS SPECIALFORM Words and phrases that appear in quotation marks have special meaning. Refer to Section F. Definitions. Covered Causes Of Loss When Special is shown in the Declarations Covered Causes of Loss means Risks Of Di rect Physical Loss unless the loss is 1. Excluded in Section B. Exclusions or 2. Limited in Section C. Limitations that follow. Exclusions 1. We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Ordinance Or Law The enforcement of any ordinance or law 1 Regulating the construction use or repair of any property or 2 Requiring the tearing down of any property including the cost of removing its debris. This exclusion Ordinance or Law applies whether the loss results from 1 An ordinance or law that is en forced even if the property has not been damaged or 2 The increased costs incurred to comply with an ordinance or law in the course of construc tion repair renovation remod eling or demolition of property or removal of its debris follow ing a physical loss to that prop erty. Earth Movement 1 Earthquake including any earth sinking rising or shifting relat ed to such event 2 Landslide including any earth sinking rising or shifting relat ed to such event 3 Mine subsidence meaning sub sidence of a man made mine whether or not mining activity has ceased 4 Earth sinking other than sinkhole collapse rising or shifting including soil condi tions which cause settling cracking or other disarrange ment of foundations or other parts of realty. Soil conditions include contraction expansion freezing thawing erosion im properly compacted soil and the action of water under the ground surface. But if Earth Movement as described in b.1 through 4 above results in fire or explosion we will pay for the loss or damage caused by that fire or explosion. 5 Volcanic eruption explosion or effusion. But if volcanic erup tion explosion or effusion re sults in fire building glass breakage or Volcanic Action we will pay for the loss or damage caused by that fire building glass breakage or Volcanic Ac tion. Volcanic action means direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by a Airborne volcanic blast or airborne shock waves b Ash dust or particulate matter or c Lava flow. All volcanic eruptions that oc cur within any 168 hour period will constitute a single occur rence. Volcanic action does not in clude the cost to remove ash dust or particulate matter that does not cause direct physical loss or damage to the described property. ISO Properties Inc. 2001 CP 10 30 04 02 Page 1 of 9
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Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for loss or damage caused by or resulting from acts of destruction ordered by governmen tal authority and taken at the time of afire to prevent its spread if the fire would be covered under this Cover age Part. Nuclear Hazard Nuclear reaction or radiation or ra dioactive contamination however caused. But if nuclear reaction or radiation or radioactive contamination re sults in fire we will pay for the loss or damage caused by that fire. Utility Services The failure of power or other utility service supplied to the described premises however caused if the failure occurs away from the de scribed premises. Failure includes lack of sufficient capacity and reduc tion in supply. But if the failure of power or other utility service results in a Covered Cause of Loss we will pay for the loss or damage caused by that Cov ered Cause of Loss. This exclusion does not apply to the Business Income coverage or to Ex tra Expense coverage. Instead the Special Exclusion in paragraph B.4.a.1 applies to these coverages. 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 3 Insurrection rebellion revolu tion usurped power or action taken by governmental author ity in hindering or defending against any of these. g. Water 1 Flood surface water waves tides tidal waves overflow of any body of water or their spray all whether driven by wind or not 2 Mudslide or mudflow 3 Water that backs up or over flows from a sewer drain or sump or 4 Water under the ground surface pressing on or flowing or seep ing through a Foundations walls floors or paved surfaces b Basements whether paved or not or c Doors windows or other openings. But if Water as described in g. 1 through g. 4 above results in fire explosion or sprinkler leakage we will pay for the loss or damage caused by that fire explosion or sprinkler leakage. h. Fungus Wet Rot Dry Rot And Bacteria Presence growth proliferation spread or any activity of fungus wet or dry rot or bacteria. But if fungus wet or dry rot or bacteria results in a specified cause of loss we will pay for the loss or damage caused by that specified cause of loss. This exclusion does not apply 1. When fungus wet or dry rot or bacteria results from fire or lightning or 2. To the extent that coverage is provided in the Additional Cov erage Limited Coverage For Fungus Wet Rot Dry Rot And Bacteria with respect to loss or damage by a cause of loss other than fire or lightning. Exclusions B.1.a. through B.1.h. apply whether or not the loss event results in widespread damage or affects a sub stantial area. We will not pay for loss or damage caused by or resulting from any of the following a6L96519 ISO Properties Inc. 2001 Page 2 of 9 CP 10 30 04 02
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also pay for loss or damage caused by or resulting from the explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gas es of combustion pass. Continuous or repeated seepage or leakage of water or the presence or condensation of humidity moisture or vapor that occurs over a period of 14 days or more. Water other liquids powder or mol ten material that leaks or flows from plumbing heating air conditioning or other equipment except fire pro tective systems caused by or result ing from freezing unless 1 You do your best to maintain heat in the building or struc ture or 2 You drain the equipment and shut off the supply if the heat is not maintained. Dishonest or criminal act by you any of your partners members of ficers managers employees in cluding leased employees direc tors trustees authorized representatives 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 dur ing the hours of employment. This exclusion does not apply to acts of destruction by your employ ees including leased employees but theft by employees including leased employees is not covered. Voluntary parting with any property by you or anyone else to whom you have entrusted the property if in duced to do so by any fraudulent scheme trick device or false pre tense. Rain snow ice or sleet to personal property in the open. Collapse except as provided below in the Additional Coverage for Col lapse. But if collapse results in a Covered Cause of Loss at the de scribed premises we will pay for the loss or damage caused by that Covered Cause of Loss. a. Artificially generated electrical cur rent including electric arcing that disturbs electrical devices appli ances or wires. But if artificially generated electrical current results in fire we will pay for the loss or damage caused by that fire. b. Delay loss of use or loss of market. c. Smoke vapor or gas from agricul tural smudging or industrial oper ations. d. 1 Wear and tear 2 Rust or other corrosion decay deterioration hidden or latent defect or any quality in property that causes it to damage or de stroy itself 3 Smog 4 Settling cracking shrinking or expansion 5 Nesting or infestation or dis charge or release of waste pro ducts or secretions by insects birds rodents or other animals. 6 Mechanical breakdown includ ing rupture or bursting caused by centrifugal force. But if me chanical breakdown results in elevator collision we will pay for the loss or damage caused by that elevator collision. 7 The following causes of loss to personal property a Dampness or dryness of at mosphere b Changes in or extremes of temperature or c Marring or scratching. But if an excluded cause of loss that is listed in 2.d. 1 through 7 results in a specified cause of loss or building glass breakage we will pay for the loss or damage caused by that specified cause of loss or building glass breakage. e. Explosion of steam boilers steam pipes steam engines or steam turbines owned or leased by you or operated under your control. But if explosion of steam boilers steam pipes steam engines or steam turbines results in fire or combus tion explosion we will pay for the loss or damage caused by that fire or combustion explosion. We will CP 10 30 04 02 ISO Properties Inc. 2001 Page 3 of 9
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I. Discharge dispersal seepage mi gration release or escape of pollu tants unless the discharge dispersal seepage migration re lease or escape is itself caused by any of the specified causes of loss. But if the discharge dispersal seepage migration re lease or escape of pollutants re sults in a specified cause of loss we will pay for the loss or damage caused by that specified cause of loss. This exclusion 1. does not apply to damage to glass caused by chemi cals applied to the glass m. Neglect of an insured to use all rea sonable means to save and preserve property from further damage at and after the time of loss. 3. We will not pay for loss or damage caused by or resulting from any of the following 3.a. through 3.c. But if an ex cluded cause of loss that is listed in 3.a. through 3.c. results in a Covered Cause of Loss we will pay for the loss or dam age caused by that Covered Cause of Loss. a. Weather conditions. But this exclu sion only applies if weather condi tions contribute in any way with a cause or event excluded in para graph 1. above to produce the loss or damage. b. Acts or decisions including the fail ure to act or decide of any person group organization or governmen tal body. c. Faulty inadequate or defective 1 Planning zoning development surveying siting 2 Design specifications work manship repair construction renovation remodeling grad ing compaction 3 Materials used in repair con struction renovation or remod eling or 4 Maintenance of part or all of any property on or off the described premises. 4. Special Exclusions The following provisions apply only to the specified Coverage Forms. 01 Business Income And Extra Ex pense Coverage Form Business In come Without Extra Expense Cov erage Form or Extra Expense Coverage Form We will not pay for 1 2 3 Any loss caused directly or in directly by the failure of power or other utility service supplied to the described premises how ever caused if the failure oc curs outside of a covered build ing. Failure includes lack of sufficient capacity and reduc tion in supply. But if the failure of power or other utility service results in a Covered Cause of Loss we will pay for the loss resulting from that Covered Cause of Loss. Any loss caused by or resulting from a Damage or destruction of finished stock or b The time required to repro duce finished stock. This exclusion does not apply to Extra Expense. Any loss caused by or resulting from direct physical loss or damage to radio or television antennas including satellite dishes and their lead in wiring masts or towers. Any increase of loss caused by or resulting from a Delay in rebuilding repair ing or replacing the proper ty or resuming oper ations due to interference at the location of the re building repair or replace ment by strikers or other persons or b Suspension lapse or can cellation of any license lease or contract. But if the suspension lapse or can cellation is directly caused by the suspension of operations we will cover such loss that affects your Business Income during the period of restoration and any extension of the peri od of restoration in accor dance with the terms of the CP 10 30 04 02 a6L96519 ISO Properties Inc. 2001 Page 4 of 9
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5 6 Extended Business Income Additional Coverage and the Extended Period Of In demnity Optional Coverage or any variation of these. Any Extra Expense caused by or resulting from suspension lapse or cancellation of any li cense lease or contract beyond the period of restoration. Any other consequential loss. Leasehold Interest Coverage Form 1 2 Paragraph B.1.a. Ordinance Or Law does not apply to insur ance under this Coverage Form. We will not pay for any loss caused by a Your cancelling the lease b The suspension lapse or cancellation of any license or c Any other consequential loss. Legal Liability Coverage Form 1 2 The following exclusions do not apply to insurance under this Coverage Form a Paragraph B.1.a Ordi nance Or Law b Paragraph B.1.c. Govern mental Action c Paragraph B. Hazard d Paragraph B.l.e. Utility Services and e Paragraph B.1.f. War And Military Action. The following additional exclu sions apply to insurance under this Coverage Form a Contractual Liability We will not defend any claim or suit or pay dam ages that you are legally liable to pay solely by rea son of your assumption of liability in a contract or agreement. But this exclu sion does not apply to a written lease agreement in which you have assumed li ability for building damage resulting from an actual or attempted burglary or rob bery provided that Nuclear i Your assumption of li ability was executed prior to the accident and ii The building is Cov ered Property under this Coverage Form. b Nuclear Hazard We will not defend any claim or suit or pay any damages loss expense or obligation resulting from nuclear reaction or radi ation or radioactive con tamination however caused. Limitations The following limitations apply to all policy forms and endorsements unless otherwise stated. 1. We will not pay for loss of or damage to property as described and limited in this section. In addition we will not pay for any loss that is a consequence of loss or damage as described and limited in this section. a. Steam boilers steam pipes steam engines or steam turbines caused by or resulting from any condition or event inside such equipment. But we will pay for loss of or damage to such equipment caused by or result ing from an explosion of gases or fuel within the furnace of any fired vessel or within the flues or pas sages through which the gases of combustion pass. b. Hot water boilers or other water heating equipment caused by or re sulting from any condition or event inside such boilers or equipment other than an explosion. c. The interior of any building or struc ture or to personal property in the building or structure caused by or resulting from rain snow sleet ice sand or dust whether driven by wind or not unless 1 The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain snow sleet ice sand or dust enters or ISO Properties Inc. 2001 CP 10 30 04 02 Page 5 of 9
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2 The loss or damage is caused by or results from thawing of snow sleet or ice on the build ing or structure. Building materials and supplies not attached as part of the building or structure caused by or resulting from theft. However this limitation does not apply to 1 Building materials and supplies held for sale by you unless they are insured under the Builders Risk Coverage Form or 2 Business Income coverage or Extra Expense coverage. Property that is missing where the only evidence of the loss or damage is a shortage disclosed on taking in ventory or other instances where there is no physical evidence to show what happened to the proper ty. Property that has been transferred to a person or to a place outside the described premises on the basis of unauthorized instructions. We will not pay for loss of or damage to the following types of property unless caused by the specified causes of loss or building glass breakage a. Animals and then only if they are killed or their destruction is made necessary. Fragile articles such as statuary marbles chinaware and porcelains if broken. This restriction does not apply to 1 Glass or 2 Containers of property held for sale. Builders machinery tools and equipment owned by you or entrust ed to you provided such property is Covered Property. However this limitation does not apply 1 If the property is located on or within 100 feet of the described premises unless the premises is insured under the Builders Risk Coverage Form or 2 To Business Income coverage or to Extra Expense coverage. 3. The special limit shown for each cate gory a. through d. is the total limit for loss of or damage to all property in that category. The special limit applies to any one occurrence of theft regardless of the types or number of articles that are lost or damaged in that occurrence. The special limits are a. 2500 for furs fur garments and garments trimmed with fur. b. 2500 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. 2500 for patterns dies molds and forms. d. 250 for stamps tickets including lottery tickets held for sale and let ters of credit. These special limits are part of not in addition to the Limit of Insurance appli cable to the Covered Property. This limitation C.3. does not apply to Business Income coverage or to Extra Expense coverage. 4. We will not pay the cost to repair any defect to a system or appliance from which water other liquid powder or molten material escapes. But we will pay the cost to repair or replace damaged parts of fire extinguishing equipment if the damage a. Results in discharge of any sub stance from an automatic fire pro tection system or b. Isdirectly caused by freezing. However this limitation does not apply to Business Income coverage or to Extra Expense coverage. Additional Coverage Collapse The term Covered Cause of Loss includes the Additional Coverage Collapse as described and limited in D.1. through D.5. below. 1. With respect to buildings a. Collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the build ing can not be occupied for its in tended purpose a6L96519 ISO Properties Inc. 2001 Page 6 of 9 CP 10 30 04 02
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b. A building or any part of a building that is in danger of falling down or caving in is not considered to be in a state of collapse c. A part of abuilding that is standing is not considered to be in a state of collapse even if it has separated from another part of the building d. A building that is standing or any part of a building that is standing is not considered to be in a state of collapse even if it shows evidence of cracking bulging sagging bending leaning settling shrinkage or ex pansion. We will pay for direct physical loss or damage to Covered Property caused by collapse of a building or any part of a building that is insured under this Cov erage Form or that contains Covered Property insured under this Coverage Form if the collapse is caused by one or more of the following a. The specified causes of loss or breakage of building glass all only as insured against in this Coverage Part b. Decay that is hidden from view un less the presence of such decay is known to an insured prior to col lapse c. Insect or vermin damage that is hid den from view unless the presence of such damage is know to an in sured prior to collapse. d. Weight of people or personal prop erty 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 construc tion remodeling or renovation. However if the collapse occurs after construction remodeling or renova tion is complete and is caused in part by a cause of loss listed in 2.a. through 2.e. we will pay for the loss or damage even if use of defective material or methods in construc tion remodeling or renovation con tributes to the collapse. The criteria set forth in 1.a. through 1.d. do not limit the coverage otherwise pro vided under this Causes of Loss Form for the causes of loss listed in 2.a. 2.d. and 2e. With respect to the following property a. Outdoor radio or television anten nas including satellite dishes and their lead in wiring masts or towers b. Awnings gutters and downspouts c. Yard fixtures d. Outdoor swimming pools e. Fences f. Piers wharves and docks g Beach or diving platforms or appur tenances h. Retaining walls and Walks roadways and other paved surfaces if the collapse is caused by a cause of loss listed in 2.b. through 2.f. we will pay for loss or damage to that property only if a. Such loss or damage is a direct re sult of the collapse of a building in sured under this Coverage Form and b. The property is Covered Property under this Coverage Form. If personal property abruptly falls down or caves in and such collapse is not the result of collapse of a building we will pay for loss or damage to Covered Prop erty 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. above b. The personal property which col lapses is inside a building and c. The property which collapses is not of a kind listed in 3. above regard less of whether that kind of property is considered to be personal prop erty or real property. The coverage stated in this Paragraph 4. does not apply to personal property if marring andor scratching is the only damage to that personal property caused by the collapse. ISO Properties Inc. 2001 CP 10 30 04 02 Page 7 of 9
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total of 15000 even if the fungus wet or dry rot or bacteria continues to be present or active or recurs in a later policy period. The coverage provided under this Limit ed Coverage does not increase the ap plicable Limit of Insurance on any Cov ered Property. If a particular occurrence results in loss or damage by fungus wet or dry rot or bacteria and other loss or damage we will not pay more for the total of all loss or damage than the ap plicable Limit of Insurance on the affect ed Covered Property. If there is covered loss or damage to Covered Property not caused by fun gus wet or dry rot or bacteria loss pay ment will not be limited by the terms of this Limited Coverage except to the ex tent that fungus wet or dry rot or bac teria causes an increase in the loss. Any such increase in the loss will be subject to the terms of this Limited Coverage. The terms of this Limited Coverage do not increase or reduce the coverage pro vided under Paragraph F.2. Water Dam age Other Liquids Powder Or Molten Material Damage of this Causes Of Loss Form or under the Additional Coverage Collapse. The following 6.a. or 6.b. applies only if Business Income andor Extra Expense coverage applies to the described prem ises and only if the suspension of op erations satisfies all terms and condi tions of the applicable Business Income andor Extra Expense coverage form. a. If the loss which resulted in fun gus wet or dry rot or bacteria does not in itself necessitate a suspen sion of operations but such suspension is necessary due to loss or damage to property caused by fungus wet or dry rot or bac teria then our payment under Busi ness Income andor Extra Expense is limited to the amount of loss andor expense sustained in a peri od of not more than 30 days. The days need not be consecutive. b. If a covered suspension of oper ations was caused by loss or dam age other than fungus wet or dry rot or bacteria but remediation of fungus wet or dry rot or bacteria prolongs the period of restora tion we will pay for loss andor ex pense sustained during the delay Collapse of personal property does not mean cracking bulging sagging bend ing leaning settling shrinkage or ex pansion. 5. This Additional Coverage Collapse will not increase the Limits of Insurance pro vided in this Coverage Part. E. Additional Coverage Limited Coverage For Fungus Wet Rot Dry Rot And Bacteria 1. The coverage described in E.2. and E.6. only applies when the fungus wet or dry rot or bacteria is the result of one or more of the following causes that occurs during the policy period and only if all reasonable means were used to save and preserve the property from further damage at the time of and after that oc currence. a. A specified cause of loss other than fire or lightning or b. Flood if the Flood Coverage En dorsement applies to the affected premises. 2. We will pay for loss or damage by fun gus wet or dry rot or bacteria. As used in this Limited Coverage the term loss or damage means 61506798 002842 2n0 a. Direct physical loss or damage to Covered Property caused by fun gus wet or dry rot or bacteria in cluding the cost of removal of the fungus wet or dry rot or bacteria b. The cost to tear out and replace any part of the building or other prop erty as needed to gain access to the fungus wet or dry rot or bacteria and c. The cost of testing performed after removal repair replacement or res toration of the damaged property is completed provided there is a rea son to believe that fungus wet or dry rot or bacteria are present. 3. The coverage described under E.2. of this Limited Coverage is limited to 15000. Regardless of the number of claims this limit is the most we will pay for the total of all loss or damage arising out of all occurrences of specified causes of loss other than fire or light ning and Flood which take place in a 12 month period starting with the be ginning of the present annual policy pe riod. With respect to a particular occur rence of loss which results in fungus wet or dry rot or bacteria we will not pay more than a ISO Properties Inc. 2001 Page 8 of 9 CP 10 30 04 02
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regardless of when such adelay oc curs during the period of restora tion but such coverage is limited to 30 days. The days need not be consecutive. F. Additional Coverage Extensions 1. Property In Transit. This Extension applies only to your per sonal property to which this form ap plies. a. You may extend the insurance pro vided by this Coverage Part to apply to your personal property other than property in the care custody or control of your salespersons in transit more than 100 feet from the described premises. Property must be in or on a motor vehicle you own lease or operate while between points in the coverage territory. b. Loss or damage must be caused by or result from one of the following causes of loss 1 Fire lightning explosion windstorm or hail riot or civil commotion or vandalism. 2 Vehicle collision upset or over turn. Collision means accidental contact of your vehicle with an other vehicle or object. It does not mean your vehicle s contact with the road bed. 3 Theft of an entire bale case or package by forced entry into a securely locked body or com partment of the vehicle. There must be visible marks of the forced entry. c. The most we will pay for loss or damage under this Extension is 5000. This Coverage Extension is additional insurance. The Additional Condition Co insurance does not apply to this Exten sion. Water Damage Other Liquids Powder Or Molten Material Damage. If loss or damage caused by or resulting from covered water or other liquid pow der or molten material damage loss oc curs we will also pay the cost to tear out and replace any part of the building or structure to repair damage to the system or appliance from which the water or other substance escapes. This Coverage Extension does not increase the Limit of Insurance. 3. Glass a. We will pay for expenses incurred to put up temporary plates or board up openings if repair or replacement of damaged glass is delayed. b. We will pay for expenses incurred to remove or replace obstructions when repairing or replacing glass that is part of a building. This does not include removing or replacing window displays. This Coverage Extension F.3. does not increase the Limit of Insurance. G. Definitions 1. Fungus means any type or form of fungus including mold or mildew and any mycotoxins spores scents or by products produced or released by fungi. Specified Causes of Loss means the following Fire lightning explosion windstorm or hail smoke aircraft or ve hicles riot or civil commotion vandal ism leakage from fire extinguishing equipment sinkhole collapse volcanic action falling objects weight of snow ice or sleet water damage. a. Sinkhole collapse means the sud den sinking or collapse of land into underground empty spaces created 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 man made underground cav ities. b. Falling objects does not include loss or damage to 1 Personal property in the open or 2 The interior of a building or structure or property inside a building or structure unless the roof or an outside wall of the building or structure is first damaged by afalling object. c. Water damage means accidental discharge or leakage of water or steam as the direct result of the breaking apart or cracking of a plumbing heating air conditioning or other system or appliance other than a sump system including its re lated equipment and parts that is located on the described premises and contains water or steam. ISO Properties Inc. 2001 CP 10 30 04 02 Page 9 of 9
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COMMERCIAL PROPERTY CP 10 32 08 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 61506798 002842 2n0 This endorsement WATER EXCLUSION ENDORSEMENT COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A. The exclusion in Paragraph B. replaces the Water Exclusion in this Coverage Part or Policy. Water 1. Flood surface water waves including tidal wave and tsunami tides tidal wa ter overflow of any body of water or spray from any of these all whether or not driven by wind including storm surge Mudslide or mudflow Water that backs up or overflows or is otherwise discharged from a sewer drain sump sump pump or related equipment Water under the ground surface press ing on or flowing or seeping through a. Foundations walls floors or paved surfaces b. Basements whether paved or not or c. Doors windows or other openings or modifies insurance provided under the following 5. Waterborne r wise moved b to in Paragrap carried or othe or mudflow. This exclusion apr any of the above 5. is caused by al wise caused. An which this exclusic where adam leve ary or containment in part for any rea But if any of the through 5. results kler leakage we w age caused by the kler leakage if spr Cause of Loss. 5. Waterborne material carried or other wise moved by any of the water referred to in Paragraph 1. 3. or 4. or material carried or otherwise moved by mudslide or mudflow. This exclusion applies regardless of whether any of the above in Paragraphs 1. through 5. is caused by an act of nature or is other wise caused. An example of a situation to which this exclusion applies is the situation where a dam levee seawall or other bound ary or containment system fails in whole or in part for any reason to contain the water. But if any of the above in Paragraphs 1. through 5. results in fire explosion or sprin kler leakage we will pay for the loss or dam age caused by that fire explosion or sprin kler leakage if sprinkler leakage is a Covered Cause of Loss. Insurance Services Office Inc. 2008 CP 10 32 08 08 Page 1 of 1
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COMMERCIAL PROPERTY CP 72 97 04 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EQUIPMENT BREAKDOWN ENHANCEMENT ENDORSEMENT SPECIAL FORM This endorsement modifies insurance provided under the following BUILDING AND PERSONAL PROPERTY COVERAGE FORM BUILDERS RISK COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT OWNERS COVERAGE FORM CAUSES OF LOSS SPECIAL FORM The following change applies to the BUILDING AND PERSONAL PROPERTY COVERAGE FORM the BUILDERS RISK COVERAGE FORM the CONDOMINIUM ASSOCIATION COVERAGE FORM and the CONDOMINIUM COMMERCIAL UNIT OWNERS COVERAGE FORM The following wording is added under the Pollutant Clean Up And Removal Additional Coverage A. Coverage 4. Additional Coverages d. Pollutant Clean Up And Removal We will pay for the pollutant clean up and removal for loss resulting from an Equipme nt Breakdown. The most we will pay for the pollutant clean up and removal is 25000 unless a higher limit is provided by an endorsement to the property form for which this endorsement is attached. In that case whichever limit is greater will apply. The following change applies to the BUILDING AND PERSONAL PROPERTY COVERAGE FORM and the CONDOMINIUM ASSOCIATION COVERAGE FORM The following Additional Condition is added F. Additional Conditions 3. Suspension Whenever Covered Property is found to be in or exposed to a dangerous condition any of our representatives may immediately suspend the insurance against loss to that Covered Property for the perils covered by this endorsement. Coverage can be suspended and possibly re instated by delivering or mailing a written notice of suspension coverage reinstatement to a. Your last known address or b. The address where the property is located. If we suspend your insurance you will get a pro rata refund of premium. But the suspension will be effective even if we have not yet made or offered a refund. 4. Inspections and Surveys a. We have the right to 1 Make inspections and surveys at any time 2 Give you reports on the conditions we find and 3 Recommend changes. b. 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 CP 72 97 04 02 Page 1 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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61506798 002842 2n0 1 Are safe or healthful or 2 Comply with laws regulations codes or standards. c. Paragraphs a. and b. 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. d. Paragraph b. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal stat utes ordinances or regulations of boilers pressure vessels or elevators. e. If Covered Property requires inspection to comply with state or municipal boiler and pressure vessel regulations we agree to perform such inspection on your behalf. The following change applies to the BUILDERS RISK COVERAGE FORM The following Additional Condition is added F. Additional Conditions 5. Suspension Whenever Covered Property is found to be in or exposed to a dangerous condition any of our representatives may immediately suspend the insurance against loss to that Covered Property for the perils covered by this endorsement. Coverage can be suspended and possibly re instated by delivering or mailing a written notice of suspension coverage reinstatement to a. Your last known address or b. The address where the property is located. If we suspend your insurance you will get a pro rata refund of premium. But the suspension will be effective even if we have not yet made or offered a refund. The following change applies to the CONDOMINIUM COMMERCIAL UNIT OWNERS COVERAGE FORM The following Additional Condition is added F. Additional Conditions Suspension Whenever Covered Property is found to be in or exposed to a dangerous condition any of our representatives may immediately suspend the insurance against loss to that Covered Property for the perils covered by this endorsement. Coverage can be suspended and possibly reinstated by delivering or mailing a written notice of suspension coverage reinstatement to a. Your last known address or b. The address where the property is located. If we suspend your insurance you will get a pro rata refund of premium. But the suspension will be effective even if we have not yet made or offered a refund. The following changes apply to the CAUSES OF LOSS SPECIAL FORM B. Exclusions As respects to the coverage provided by this endorsement Exclusion 1.e. Utility Services is replaced by the following 1. e. Utility Services Loss resulting from Equipment Breakdown to power supplied from utility landlord or other services supplied to the described premises however caused if the failure occurs beyond 1000 feet from the described premises. Failure includes lack of sufficient capacity and reduction in supply. But if failure of power or other utility service results in a Covered Cause of Loss we will pay for the loss or damage caused by that Covered Cause of Loss. However we will not pay for any loss damage cost or expense directly caused by contributed to by resulting from or arising out of the following causes of loss CP 72 97 04 02 Page 2 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Fire lightning combustion explosion windstorm or hail weight of snow ice or sleet falling objects smoke aircraft or vehicles riot or civi commotion vandalism sinkhole collapse volcanic action leakage from fire extinguishing equipment water damage earth movement and flood. This exclusion does not apply to the Business Income coverage or to Extra Expense coverage. Instead the Special Exclusion in paragraph B.4.a.1 applies to these coverages. The most we will pay for loss or damage under this coverage is 250000 unless a higher limit is provided by an endorsement to the property form for which this endorsement is attached. In that case whichever limit is greater will apply. The following Exclusions are removed 2.a. Artificially generated electrical current including electric arcing that disturbs electrical devices appliances or wires. But if artificially generated electrical current results in fire we will pay for the loss or damage caused by that fire. 2.d.6 Mechanical breakdown including rupture or bursting caused by centrifugal force. But if mechanical breakdown results in a Covered Cause of Loss we will pay for the loss or damage caused by that Covered Cause of Loss. 2.e. Explosion of steam boilers steam pipes steam engines or steam turbines owned or leased by you or operated under your control. But if explosion of steam boilers steam pipes steam engines or steam turbines results in fire or combustion explosion we will pay for the loss or damage caused by that fire or combustion explosion. As respect to the coverage provided by this endorsement subparagraph 1 under a. of section 4. Special Exclusion a. is changed to read as follows 4. Special Exclusions a. Business Income And Extra Expense Coverage Form Business Income Without Extra Expense Coverage Form or Extra Expense Coverage Form Loss resulting from Equipment Breakdown we will not pay for 1 Any loss caused directly or indirectly by the failure of power supplied from utility landlord or other services supplied to the described premises however caused if the failure occurs beyond 1000 feet of the described premises. Failure includes lack of sufficient capacity and reduction in supply. But if the failure of power or other utility service results in a Covered Cause of Loss we will pay for the loss resulting from that Covered Cause of Loss. However we will not pay for any loss damage cost or expense directly caused by contributed to by resulting from or arising out of the following causes of loss Fire lightning combustion explosion windstorm or hail weight of snow ice or sleet falling objects smoke aircraft or vehicles riot or civil commotion vandal ism sinkhole collapse volcanic action leakage from fire extinguishing equip ment water damage earth movement and flood. The most we will pay for loss or damage under this coverage is 250000 unless a higher limit is provided by an endorsement to the property form for which this en dorsement is attached. In that case whichever limit is greater will apply. Limitations As respects to the coverage provided by this endorsement the following Limitations are removed 1.a. Steam boilers steam pipes steam engines or steam turbines caused by or resulting from any condition or event inside such equipment. But we will pay for loss of or damage to such equipment caused by or resulting from an explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. 1.b. Hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment other than any explosion. CP 72 97 04 02 Page 3 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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F. Additional Coverage Extensions The following Additional Coverage Extensions are added 4. Expediting Expenses We will pay for the expediting expense loss resulting from an Equipment Breakdown with respect to your damaged Covered Property. We will pay the reasonable extra cost to a. Make temporary repairs b. Expedite permanent repairs and c. Expedite permanent replacement. Reasonable extra cost shall mean the extra cost of temporary repair and of expediting the repair of such damaged equipment of the insured including overtime and the extra cost of express or other rapid means of transportation which will be a part of and not in addition to the limit per loss. Refrigerant Contamin Contamination by a refrigerant resulting from Equipment Breakdown with respect to your damaged Covered Property to refrigerating cooling or humidity control equipment at the described premises. on The most we will pay for loss or damage under this coverage is 25000 unless a higher limit is provided by an endorsement to the property form for which this endorsement is attached. In that case whichever limit is greater will apply. Spoilage Coverage Any other consequential loss except that we will pay for loss of perishable goods due to spoilage resulting from lack of power light heat steam or refrigeration caused by Equipment Breakdown to types of property covered by this policy that are 1 located on or within 1000 feet of your described premises 2 owned by the building owner at your described premises or owned by a public utility and 3 used to supply telephone electricity air conditioning heating gas water or steam to your described premises. However we will not pay for any loss damage cost or expense directly caused by contri buted to by resulting from or arising out of the following causes of loss Fire lightning combustion explosion windstorm or hail weight of snow ice or sleet falling objects smoke aircraft or vehicles riot or civil commotion vandalism sinkhole collapse volcanic action leakage from fire extinguishing equipment water damage earth movement and flood. The most we will pay for loss or damage under this coverage is 25000 unless a higher limit is provided by an endorsement to the property form for which this endorsement is attached. In that case whichever limit is greater will apply. Data Restoration We will pay you the cost to research replace and restore data including programs and operat ing systems that is lost or corrupted due to the cause of loss provided by this endorsement. This coverage is provided up to a Data Restoration coverage limit of 100000. This limit is part of and not in addition to the policy limits. Environmental Safety and Efficiency Improvements If Covered Property requires replacement due to a loss covered by this endorsement we will pay your additional cost to replace with equipment that is better for the environment safer or more efficient than the equipment being replaced. However we will not pay more than 125 of what the cost would have been to repair or replace with like kind and quality. This coverage does not increase any of the applicable limits. This coverage does not apply to any property indicated as being valued on an Actual Cash Value. a6L96519 CP 72 97 04 02 Page 4 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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9. Demolition and ICC Increased Cost of Construction If a building that is Covered Property is damaged by a loss covered by this endorsement and the loss is increased by enforcement of any ordinance or law in force at the time of the Equipment Breakdown that regulates the construction or repair of buildings or establishes zoning or land use requirements we will pay for the following additional costs to comply with such ordinance or law 1 Your actual expenditures for the cost to demolish and clear the site of undamaged parts. 2 Your actual expenditures for increased costs to repair rebuild or construct the building. If the building is repaired or rebuilt it must be intended for similar use or occupancy as the current building unless otherwise required by zoning or land use ordinance or law. 3 Your loss as described in Business Income and Extra Expense coverages caused by loss covered in 1 or 2 above if these coverages are indicated in the policy Declarations. We will not pay for 1 Any fine 2 Any liability to athird party 3 Any increase in loss due to a hazardous substance or 4 Increased construction costs until the building is actually repaired or replaced. The most we will pay for loss or damage under this coverage is 100000 unless a higher limit is provided by an endorsement to the property form for which this endorsement is attached. In that case whichever limit is greater will apply. Definitions The following Definition Specified Causes of Loss has been added to as follows Specified Causes of Loss also means Equipment Breakdown. Equipment Breakdown as used herein means a. Physical loss or damage both originating within 1 Boilers fired or unfired pressure vessels vacuum vessels and pressure piping all nor mally subject to vacuum or internal pressure other than static pressure of contents ex cluding a waste disposal piping b any piping forming part of a fire protective system c furnaces and d any water piping other than i boiler feed water piping between the feed pump and the boiler boiler condensate return piping or iii water piping forming part of a refrigerating or air conditioning system used for cooling humidifying or space heating purposes. 2 All mechanical electrical electronic or fiber optic equipment and b. Caused by resulting from or consisting of 1 Mechanical breakdown or 2 Electrical or electronic breakdown or 3 Rupture bursting bulging implosion or steam explosion. c. Should covered electrical equipment require drying out as a result of a flood we will reim burse only the direct expenses of such drying out not the repair or replacement of the elec trical equipment subject to the Property Damage limit and the Property Damage deductible. CP 72 97 04 02 Page 5 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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However Equipment Breakdown will not mean Physical loss or damage caused by or resulting from any of the following however if loss or damage not otherwise excluded results then we will pay for such resulting damage 1 Wear and tear 2 Rust or other corrosion decay deterioration hidden or latent defect mold or any other quality in property that causes it to damage or destroy itself 3 Smog 4 Settling cracking shrinking or expansion 5 Nesting or infestation or discharge or release of waste products or secretions by birds rodents or other animals 6 Any accident loss damage cost claim or expense whether preventative remedial or otherwise directly or indirectly arising out of or relating to the recognition interpretation calculation comparison differentiation sequencing or processing of data by any com puter system including any hardware programs or software or 7 The following causes of loss to personal property a Dampness and dryness of atmosphere or b Marring and scratching. a6L96519 CP 72 97 04 02 Page 6 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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COMMERCIAL PROPERTY CP 880007 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROPERTY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following BUILDING AND PERSONAL PROPERTY COVERAGE FORM CAUSES OF LOSS BROAD FORM CAUSES OF LOSS SPECIAL FORM WATER EXCLUSION ENDORSEMENT The following is a summary of increased limits of insurance and additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all limitations and conditions applicable to this Coverage Part Coverage Form and Causes of Loss Broad Form and Causes of Loss Special Form unless specifically deleted replaced or modified herein. Except as otherwise stated herein this endorsement is applicable only to those premises described in the Declara tions. Coverage for Extra Expense whether provided by this endorsement or elsewhere does not apply if a loss is covered only as a result of this endorsement. If loss or damage is covered elsewhere in this policy and under this endorsement the amount payable under this endorsement will apply excess over that payable elsewhere in this policy unless otherwise stated. We will not pay more than the actual amount of the covered loss or damage. Coverage Description Special Deductible Provision Broadened Premises Additional Covered Property Real Property of Others Required by Contract Fire Department Service Charge Electronic Data Arson or Theft Reward Newly Acquired or Constructed Property Buildings Business Personal Property Personal Effects and Property of Others Valuable Papers and Records Other Than Electronic Data Outdoor Property Accounts Receivable Fine Arts Fire Protective Devices Loss of Refrigeration Computer Equipment Including Laptop Portable Computers Lock Replacement Money and Securities Inside the Premises Outside the Premises Utility Services Interruption Extra Expense Utility Services Interruption Loss Adjustment Expenses Appurtenant Structures Buildings Business Personal Property Direct Damage Business Income Limit of Insurance Included Included Included 20000 at any one location 2500 at any one location 5000 in any one policy year 10000 at any one location regardless of the number of persons providing information 180 days 500000 at each building 250000 at each building 10000 at each described premises 10000 at each described premises 5000 in any one occurrence 10000 at any one location 10000 at any one location 10000 in each separate 12 month policy period 10000 at any one location 15000 at any one location 1000 at any one location 2500 in any one occurrence 2500 in any one occurrence 5000 at any one location 10000 at any one location 2500 at any one location 2500 in any one occurrence 50000 at any one location 5000 at any one location 2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its Permission. CP 88 00 07 10 Page 1 of 11
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61506798 002842 2n0 Coverage Description Limit of Insurance Salespersons Samples 1000 for each salesperson in any one occurrence Signs Outdoor 5000 in any one occurrence Special Valuation Provision 5000 Property In Transit 10000 in any one occurrence Back Up of Sewers or Drains 10000 at any one location A. The following is added to Section D. DEDUCTIBLE of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM Special Deductible Provision From any loss or damage covered under this endorsement we will deduct the amount of the Deductible shown in the Declarations that applies to the peril of fire unless otherwise stated in this endorsement. In the event there is more than one different deductible on the policy applying to fire the smallest such deductible will apply. The deductible shall apply separately to each occur rence. B. The following changes apply to Section A. COVERAGE of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM. 1. Broadened Premises The words within 100 feet of the described premises in Paragraph A.1.a.5b Building Para graph A.1.b. Your Business Personal Property Paragraph A.1.c.2 Personal Property of Others and Paragraph A.5. Coverage Extensions are deleted and replaced by within 1000 feet of the described premises. Additional Covered Property The following are added to item a. Building of Paragraph A.1. Covered Property 6 Bridges not exceeding 30 feet in length roadways walks patios or other paved surfaces 7 Retaining walls except retaining walls two feet or higher used to contain water or protect against wave action or storm surges that are not part of a building. Additional Condition F.1. Coinsurance does not apply to bridges which qualify as Additional Cov ered Property under this endorsement. Item d. of Paragraph A.2. Property Not Covered is deleted and replaced by the following d. Bridges exceeding 30 feet in length. Item L of Paragraph A.2. Property Not Covered is deleted and replaced by the following I. Retaining walls two feet or higher used to contain water or protect against wave action or storm surges. Real Property of Others Required by Contract The following is added to item b. Your Business Personal Property of Paragraph A.1. Covered Property 8 Real Property including but not limited to building doors and windows you are responsible for due to contract or lease agreement. The most we will pay for loss or damage to covered property at any one location is 20000. Fire Department Service Charge The limit of insurance in item c. Fire Department Service Charge of Paragraph A.4. Additional Coverages is increased from 1000 to 2500 at any one location. Electronic Data The limit of insurance in item f.4 Electronic Data of Paragraph A.4. Additional Coverages is increased from 2500 to 5000 in any one policy year. 2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its Permission. CP 88 00 07 10 Page 2 of 11
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10. 11. The following are added to paragraph A.4 Additional Coverages Arson or Theft Reward We will pay on behalf of the insured up to 10000 at any one location for information which leads to an arson conviction or theft conviction in connection with a fire loss or theft loss covered under the BUILDING AND PERSONAL PROPERTY COVERAGE FORM. Regardless of the number of per sons involved in providing information our liability under this Additional Coverage will not be increased. No deductible applies to this coverage. Newly Acquired or Constructed Property The limit of insurance in item a.1 Newly Acquired or Constructed Property Buildings of Para graph A.5. Coverage Extensions is increased from 250000 to 500000 at each building. The limit of insurance in item a.2 Newly Acquired or Constructed Property Your Business Personal Property of Paragraph A.5. Coverage Extensions is increased from 100000 to 250000. The number of days in item a.3b Newly Acquired or Constructed Property Period of Coverage of Paragraph A.5. Coverage Extensions is increased from 30 to 180 days. Personal Effects and Property of Others The last paragraph of item b. Personal Effects and Property of Others of Paragraph A.5. Coverage Extensions is deleted and replaced by the following The most we will pay for loss or damage under this Extension is 10000 at each premises de scribed in the Declarations. Our payment for loss of or damage to personal property of others including property of others held by you on consignment will only be for the account of the owner of the property. Valuable Papers and Records Other Than Electronic Data The limit of insurance in item c.4 Valuable Papers and Records Other Than Electronic Data of Paragraph A.5. Coverage Extensions is increased from 2500 to 10000 at each described prem ises. Outdoor Property Item e. Outdoor Property of Paragraph A.5. Coverage Extensions is deleted and replaced by the following You may extend the insurance provided by this Coverage Form to apply to your outdoor fences lighting lighting standards radio and television antennas satellite dishes playground equipment scoreboards trees shrubs and plants other than stock of trees shrubs or plants including debris removal expense caused by or resulting from any of the Covered Causes of Loss. The most we will pay for loss or damage under this Extension is 5000 but not more than 500 for any one tree shrub or plant. These limits apply to any one occurrence regardless of the types or numbers of items lost or damaged in that occurrence. Item q.2 of Paragraph A.2. Property Not Covered is deleted and replaced by the following 2 Fences radio or television antennas including satellite dishes and their lead in wiring masts or towers trees shrubs or plants other than stock of trees shrubs or plants all except as provided in the Coverage Extensions. The following are added to Paragraph A.5. Coverage Extensions g. Accounts Receivable We will pay 1 All amounts due from your customers that you are unable to collect 2 Interest charges on any loan required to offset amounts you are unable to collect pending our payment of these amounts 3 Collection expenses in excess of your normal collection expenses that are made neces sary by the loss or damage and 2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its Permission. CP 88 00 07 10 Page 3 of 11
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4 Other reasonable expenses that you incur to re establish your records of accounts receiv able that result from a Covered Cause of Loss to your records of accounts receivable. The most we will pay for loss at any one location under this Extension is 10000. Fine Arts You may extend the insurance that applies to Your Business Personal Property to apply to your fine arts and fine arts owned by others that are in your care custody or control. This Extension does not apply to loss or damage caused by or resulting from 1 Any repairing restoration or retouching process 2 Insects birds rodents or other animals 3 Wear and tear 4 Rust corrosion fungus decay deterioration hidden or latent defect or any quality in the property that causes it to damage or destroy itself 5 Breakage of art glass windows statuary marbles glassware bric a brac porcelains and similar fragile articles. But we will pay for loss or damage caused directly by fire light ning aircraft theft or attempted theft cyclone tornado windstorm explosion vandal ism or by accident to the vehicle carrying the property. The most we will pay for loss or damage at any one location under this Extension is 10000. This Extension does not apply to fine arts at any fair or on exhibition. Fire Protective Devices You may extend the insurance provided by the BUILDING AND PERSONALY PROPERTY COV ERAGE FORM to apply to recharging or refiling of your fire extinguishers or fire protective devices that are permanently installed in buildings at premises described in the Declarations when such devices have been discharged by accident or after being used in fighting a fire. This Extension does not apply to periodic recharge or refilling. The most we will pay under this Extension is 10000 for each separate 12 month period of this policy. Loss of Refrigeration You may extend the insurance provided by the BUILDING AND PERSONAL PROPERTY COV ERAGE FORM to apply to direct physical loss of or damage to property owned by you and used in your business or owned by others and in your care custody or control contained in any refrigeration or cooling apparatus or equipment resulting from 1 The fluctuation or total interruption of electrical power either on or off the described premises due to conditions beyond your control or 2 Mechanical failure of any refrigeration or cooling apparatus or equipment on premises. The most we will pay for loss or damage at any one location under this Extension is 10000. Computer Equipment You may extend the insurance that applies to Your Business Personal Property to apply to loss or damage to computer equipment owned by you or similar property of others in your care custody or control for which you are legally liable caused by a Covered Cause of Loss. You may extend the insurance that applies to Your Business Personal Property to apply to loss or damage to laptop portable computers owned by you and in your care custody and control or in the care custody or control of your employee. 1 Property Not Covered We will not cover the following kinds of property under this Extension a Property which you rent or lease to others b Software or other electronic data a6L96519 2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its Permission. CP 88 00 07 10 Page 4 of 11
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2 3 5 6 c Accounts bills evidences of debt valuable papers records abstracts deeds manu scripts program documentation or other documents. d Computer equipment held for sale by you e Computer equipment of others on which you are performing repairs or work f Computer equipment that is part of any i Production or processing equipment such as CAD CAM or CNC machines ii Equipment used to maintain or service your building such as heating ventilat ing cooling or alarm systems or Communication equipment such as telephone systems. g Property that is covered under another coverage form of this or any other policy in which such property is more specifically described except for the excess of the amount due whether you can collect on it or not from that other insurance. Property In Transit We will pay for your computer equipment or laptop portable computer while in transit. Section B. Exclusions 1.b. Earth Movement of the CAUSES OF LOSS BROAD FORM and the CAUSES OF LOSS SPECIAL FORM as respects A.5.k. Computer Equipment is de leted in its entirety. Section B. Exclusions 1.e. Utility Services of the CAUSES OF LOSS BROAD FORM and the CAUSES OF LOSS SPECIAL FORM as respects A.5.k. Computer Equipment is de leted in its entirety. Section B. Exclusions 1.g. Water of the CAUSES OF LOSS BROAD FORM and the CAUSES OF LOSS SPECIAL FORM as respects A.5.k. Computer Equipment is deleted in its entirety. The artificially generated electrical current exclusion Item B.2.a. of the CAUSES OF LOSS BROAD FORM and the CAUSES OF LOSS SPECIAL FORM as respects A.5.k. Computer Equipment is deleted in its entirety. The mechanical breakdown exclusion Item B.2.c. of the CAUSES OF LOSS BROAD FORM and the CAUSES OF LOSS SPECIAL FORM as respects A.5.k. Computer Equip ment is deleted and replaced by the following 6 Mechanical breakdown failure or derangement except a This exclusion does not apply for the accidental loss or damage caused by a resulting fire or explosion. b This exclusion does not apply if any of the above is sudden and accidental and manifests itself by physical damage to computer equipment which requires repair or replacement. Loss Payment will be determined as follows Computer equipment or laptop portable computers We will pay the least of the following amounts i The cost of reasonably restoring that property to its condition immediately before the loss or damage or ii The cost of replacing that property with identical property of comparable material and quality and used for the same purpose. However when repair or replacement with identical property is not possible we will pay the cost to replace that property with similar property capable of performing the same functions. If not repaired or replaced the property will be valued at its actual cash value. Computer equipment means a network of electronic machine components capable of accepting information processing it according to instructions and producing the results in adesired form. 2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its Permission. CP 88 00 07 10 Page 5 of 11
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Laptop portable computers means computer equipment and accessories that are de signed to function with it that can easily be carried and is designed to be used at more than one location. The most we will pay under this Extension for loss or damage to computer equipment including laptop portable computers at any one location is 15000. This Extension also applies to laptop portable computers which are away from the described premises. Lock Replacement You may extend the insurance provided by the BUILDING AND PERSONAL PROPERTY COV ERAGE FORM to apply to replacement of locks necessitated by theft of Covered Property or theft of keys from the premises described in the Declarations. The most we will pay for loss under this Coverage Extension is 1000 in any one occurrence. Money and Securities 1 You may extend the insurance that applies to Your Business Personal Property to apply to loss of money and securities used in your business while at a bank or savings institu tion within your living quarters or the living quarters of your partners or any employee having use and custody of the property at the described premises or in transit between any of these places resulting directly from a Theft meaning any act of stealing b Disappearance or c Destruction. 2 In addition to the Limitations and Exclusions applicable to property coverage we will not pay for loss a Resulting from accounting or arithmetical errors or omissions b Due to the giving or surrendering of property in any exchange or purchase or c Of property contained in any money operated device unless the amount of money deposited in it is recorded by a continuous recording instrument in the device. 3 The most we will pay for loss in any one occurrence is a 2500 for Inside the Premises for money and securities while i Inoron the described premises or Within a bank or savings institution and b 2500 for Outside the Premises for money and securities while anywhere else. 4 As respects this Additional Coverage all loss a Caused by one or more persons or b Involving asingle act or series of related acts is considered one occurrence. 5 You must keep records of all money and securities so we can verify the amount of any loss or damage. 6 Money means a Currency coins and bank notes in current use and having aface value and b Travelers checks register checks and money orders held for sale to the public. 7 Securities means negotiable and non negotiable instruments or contracts representing 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 which cards are not issued by you but does not include money. a6L96519 2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its Permission. CP 88 00 07 10 Page 6 of 11
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Utility Services Interruption Direct Damage You may extend the insurance provided by the BUILDING AND PERSONAL PROPERTY COV ERAGE FORM to apply to loss of or damage to Covered Property caused by an interruption in utility service to the described premises. The interruption in utility service must result from direct physical loss or damage by a Covered Cause of Loss to the following property not on the described premises 1 Water Supply Services meaning the following types of property supplying water to the described premises a Pumping stations and b Water mains. 2 Communication Supply Services meaning property supplying communication services including telephone radio microwave or television services to the described premises such as a Communication transmission lines including optic fiber transmission lines b Coaxial cables and c Microwave radio relays except satellites. It does not include above ground communication lines. 3 Power Supply Services meaning the following types of property supplying electricity steam or gas to the described premises a Utility generating plants b Switching stations c Substations d Transformers and e Transmission lines. It does not include above ground transmission or distribution lines. This Extension does not apply to loss of or damage to property owned by you and used in your business or owned by others and in your care custody or control contained in any refrigera tion or cooling apparatus or equipment resulting from a The fluctuation or total interruption of electrical power either on or off the described premises due to conditions beyond your control or b Mechanical failure of any refrigeration or cooling apparatus or equipment. The most we will pay at any one location under this Extension is 5000. Extra Expense Unless amended by endorsement elsewhere in this policy Period of Restoration means the period of time as defined in this Coverage Extension. We will pay the actual and necessary Extra Expense you incur due to direct physical loss of or damage to the property at the premises described in the Declarations including Business Personal Property in the open or in a vehicle within 1000 feet of the premises caused by or resulting from a Covered Cause of Loss. If you are atenant your premise is the portion of the building which you rent lease or occupy including i Al routes within the building to gain access to the described premises and ii Your personal property in the open or in a vehicle within 1000 feet. 2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its Permission. CP 88 00 07 10 Page 7 of 11
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Extra Expense means necessary expenses you incur during the period of restoration that you would not have incurred if there had been no direct physical loss or damage to property. Coverage pertains to expenses which are incurred to a Avoid or minimize the suspension of business and to continue operations 1. At the described premises or 2. At replacement premises or at temporary locations including a Relocation expenses or b Costs to equip and operate the replacement or temporary locations. b Minimize the suspension of business if you can not continue operations. c To repair or replace any property or d To research replace or restore the lost information on damaged valuable papers and records to the extent it reduces the amount of loss that otherwise would have been payable under this Coverage Extension. The following definitions are added as respects to this Coverage Extension 1. Operations means the type of your business activities occurring at the de scribed premises. 2. Period of Restoration means the period of time that a Begins immediately after the time of direct physical loss or damage b Ends on the earlier of i The date when the property at the described premises should be re paired rebuilt or replaced with reasonable speed and similar quality or i The date when business is resumed at a new permanent location. Period of Restoration does not include any increased period required due to the enforce ment of any ordinance or law that a Regulates the construction use or repair or requires the tearing down of any property or b Requires any insured or others to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. The expiration date of this policy will not cut short the period of restoration. 3. Suspension means a The slowdown or cessation of your business activities or b That apart of all of the described premises is rendered untenantable. The most we will pay at any one location under this Extension is 10000. Utility Services Interruption Business Income We will pay up to 2500 at any one location for the actual loss of Business Income you sustain at the described premises due to the necessary suspension of your operations during the period of restoration caused by an interruption in utility service to the described premises. The interruption in utility service must result from direct physical loss or damage by a Covered Cause of Loss to the following types of property located outside of a covered building de scribed in the Declarations 1 Water Supply Services meaning the following types of property supplying water to the described premises a Pumping stations and b Water mains. a6L96519 2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its Permission. CP 88 00 07 10 Page 8 of 11
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