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POLICY NUMBER TBC Z91 469603 010 COMMERCIAL GENERAL LIABILITY CG 20150413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations referred to throughout this endorsement as vendor shown in the Schedule but only with respect to bodily injury or property damage arising out of your products shown in the Schedule which are distributed or sold in the regular course of the vendor s business. However 1. The insurance afforded to such vendor only applies to the extent permitted by law and 2. If coverage provided to the vendor is required by a contract or agreement the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors the following additional exclusions apply 1. The insurance afforded the vendor does not apply to a. Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement b. Any express warranty unauthorized by you c. Any physical or chemical change in the product made intentionally by the vendor d. Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container e. Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products f. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product g. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or h. Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. With respect to the insurance afforded to these vendors the following is added to Section Il Limits Of Insurance If coverage provided to the vendor is required by a contract or agreement the most we will pay on behalf of the vendor is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Insurance shown in the Declarations Limits of whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Insurance Services Office Inc. 2012 Page 1 of 2 CG 20150413
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SCHEDULE Name Of Additional Insured Persons Or Organizations Vendor Your Products Any person or organization purchasing goods or All products of the named insured. products from the named insured or the insureds distributor for the purpose of resale. Information required to complete this Schedule if not shown above will be shown in the Declarations. Your Products All products of the named insured. Insurance Services Office Inc. 2012 Page 2 of 2 CG 20150413
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POLICY NUMBER TBC Z291 469603 010 COMMERCIAL GENERAL LIABILITY CG 20180413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MORTGAGEE ASSIGNEE OR RECEIVER This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to their liability as mortgagee assignee or receiver and arising out of the ownership maintenance or use of the premises by you and shown in the Schedule. 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 insurance 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. B. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization. C. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. 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 Declarations. s SCHEDULE Designation Of Premises All locations Name Of Persons Or Organizations BMO Harris Bank N.A As Administrative Agent Its Successors And Or Assigns 111 W. Monroe 20th Floor East Chicago IL 60603 HH Retail Owner LLC CIM Group LLC And Their Officers Directors Employees Divisions Subsidiaries Partners Members Managers Shareholders Affiliated Companies And Mortgagees Lenders Attn Special Events C O 680 Hollywood Blvd Ste 170 Hollywood CA 90028 The City Of Santa Monica Its Officers Officials Employees And Volunteers 1685 Main St Santa Monica CA 90401 Downtown Santa Monica Inc. Its Officers Officials Employees And Volunteers 1351 3rd Street Promenade Ste 201 Santa Monica CA 90401 California locations The City Of Santa Monica Its Officers Officials Employees And Volunteers 1685 Main St Santa Monica CA 90401 California Locations Insurance Services Office Inc. 2012 Page 1 of 2 CG 20180413
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SCHEDULE continued Name Of Persons Or Organizations Designation Of Premises DCASE Contract Administration 78 E Washington lllinois Locations Chicago IL 60602 Promoworks LLC 300 N Martingale Rd Schaumburg lllinois locations IL 60173 Crossmark Inc. And Its Affiliates And Subsidiaries Texas Locations 5100 Legacy Dr Plano TX 75024 Metro North Railroad And Metropolitan Transportation New York Locations Authority 2 Broadway FI 21 New York NY 10004 The California State University California State Georgia Locations University Long Beach Forty Niner Shops Inc And CSULB And The Employees Officers Volunteers And Agents Of Each Of Them Their Respective Officers Employees Geo L Smith Il Georgia World Congress Center Authority 285 Andrew Young International Blvd NW Atlanta GA 30313 Information required to complete this Schedule if not shown above will be shown in the Declarations. Texas Locations New York Locations Georgia Locations Insurance Services Office Inc. 2012 Page 2 of 2 CG 20180413
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POLICY NUMBER TBC Z91 469603 010 POLICY NUMBER TBC Z91 469603 010 COMMERCIAL GENERAL LIABILITY CG 20260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. 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 insurance 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. B. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. 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 Declarations. SCHEDULE Name Of Additional Insured Persons Or Organizations Township of Wayne 475 Valley Rd Wayne IN 07470 Information required to complete this Schedule if not shown above will be shown in the Declarations. Insurance Services Office Inc. 2012 Page 1 of 1 CG 20260413
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Policy Number TBC Z91 469603 010 Issued by Employers Insurance of Wausau THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items Item 1. Blanket Additional Insured Where Required By Written Agreement Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees Assignees or Receivers Any Person or Organization Item 2. Blanket Additional Insured Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Written Agreement Paragraph 2. of Section Il Who Is An Insuredis amended to add the following Additional Insured By Written Agreement The following are insureds under the Policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy 1. Lessors of Leased Equipment The persons or organizations from whom you lease equipment but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. This insurance does not apply to any occurrence which takes place after the equipment lease expires. Managers or Lessors of Premises Any managers or lessors of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership maintenance or use of the premises leased to you and caused in whole or in part by some negligent acts or omissions of you your employees your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured s sole negligence then the coverage for the additional insured shall conform to the agreement but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured s sole negligence. 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10of 3 LC 20690418
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This insurance does not apply to a. Any occurrence which takes place after you cease to be a tenant in that premises or to lease that land b. Structural alterations new construction or demolition operations performed by or on behalf of that manager or lessor or c. Any premises for which coverage is excluded by endorsement. 3. Mortgagees Assignees or Receivers Any persons or organizations with respect to their liability as mortgagee assignee or receiver and arising out of your ownership maintenance or use of the premises. This insurance does not apply to structural alterations new construction and demolition operations performed by or on behalf of such persons or organizations. 4. Any Person or Organization Other Than a Joint Venture Any persons or organizations other than a joint venture of which you are a member for whom you are obligated to procure additional insured coverage but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf a. Inthe performance of your ongoing operations or b. In connection with premises owned by or rented to you. This insurance does not apply to a. Any persons or organizations more specifically covered in Paragraphs 1. through 3. above b. Any construction renovation demolition or installation operations performed by or on behalf of you or those operating on your behalf or c. Any persons or organizations whose profession business or occupation is that of an architect surveyor or engineer with respect to liability arising out of the rendering of or failure to render any professional architectural engineering or surveying services including 1 The preparing approving or failing to prepare or approve maps drawings opinions reports surveys field orders change orders designs 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 occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by or on behalf of you or those operating on your behalf. The insurance afforded to any persons or organizations as an insured under this Item 1. 1. Applies to the extent permitted by law 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy 3. Does not apply to any persons or organizations for any bodily injury property damage or personal and advertising injury if any other additional insured endorsement attached to this Policy applies to such persons or organizations with regard to the bodily injury property damage or personal and advertising injury 4. Applies only if the bodily injury or property damage occurs or the offense giving rise to the personal and advertising injury is committed subsequent to the execution of the written agreement and LC 20690418 2018 Liberty Mutual Insurance Page 2 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 2 of 3
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5. Applies only if the written agreement is in effect at the time the bodily injury or property damage occurs or at the time the offense giving rise to the personal and advertising injury is committed. Item 2. Blanket Additional Insured Grantor Of Permits Paragraph 2. of Section Il Who Is An Insuredis amended to add the following Any state municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf or in connection with premises you own rent or control and to which this insurance applies but only to the extent that you are required to provide additional insured status to the state municipality or political subdivision as a condition of receiving and maintaining the permit. Such state municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However with respect to the state municipality or political subdivision 1. Coverage will be no broader than required and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit but neither the scope of coverage nor the limits of insurance will exceed those provided by this Policy. This insurance does not apply to 1. Bodily injury property damage or personal and advertising injury arising out of operations performed for the state municipality or political subdivision 2. Any bodily injury or property damage included within the products completed operations hazard except when required by written agreement initiated prior to loss or 3. Bodily injury property damage or personal and advertising injury unless negligently caused in whole or in part by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary excess contingent or any other basis for any persons or organizations that qualifies as an additional insured on this Policy this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply the provisions of Paragraph 4. Other Insurance of Section IV Commercial General Liability Conditions will apply. However this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same occurrence claim or suit. 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3of 3 LC 20690418
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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 PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to 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 excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Insurance Services Office Inc. 2015 Page 1 of 1 CG 21700115
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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 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. 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 federal 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 excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a viole dangerous to h infrastructure and is or individuals as pa civilian population influence the policy United States Gover. The terms and limi exclusion or the inap terrorism exclusion coverage for injury or excluded under this Co 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitatons of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Insurance Services Office Inc. 2015 Page 1 of 1 CG 21760115
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COMMERCIAL GENERAL LIABILITY CG 26 86 0115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definitions are added 1. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 2. Punitive damages means damages that may be imposed to punish a wrongdoer and to deter others from similar conduct.. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 2. Punitive damages means damages that may be imposed to punish a wrongdoer and to deter others from similar conduct. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Insurance Services Office Inc. 2015 Page 1 of 1 CG 26 86 0115
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COMMERCIAL GENERAL LIABILITY CG 26930115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising out of a certified act of terrorism that are awarded as punitive damages. B. 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 federal 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 excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage thatis otherwise excluded under this Coverage Part. Insurance Services Office Inc. 2015 Page 1 of 1 CG 26930115
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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 As used in this exclusion electronic data Bodily Injury And Property Damage Liability is means information facts or programs replaced by the following stored as or on created or used on or 2. Exclusions ransn.mled to or from computer spware including systems and applications This insurance does not apply to p. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including 2. Exclusions patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2 The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal infarmation 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 software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. Insurance Services Office Inc. 2013 Page 1 of 1 CG 2106 05 14
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COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 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 employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister 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 described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer 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. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal 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 employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer 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. ISO Properties Inc. 2006 Page 1 of 1 CG 21471207
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COMMERCIAL GENERAL LIABILITY CG 214909 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Sec tion Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. 2 Any loss cost or expense arising out of any a Request demand order or statutory or b regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or as sessing the effects of pollutants. Copyright Insurance Services Office Inc. 1998 Page 1 of 1 CG 214909 99
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COMMERCIAL GENERAL LIABILITY CG 21671204 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 Exclusions of Section Coverage B Per Injury And Property Damage Liability sonal And Advertising Injury Liability 2. Exclusions 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 alleged or threatened in halation of ingestion of contact with expo sure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently 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 remediating 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 consump tion. 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 threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently 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 remediating 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. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 1SO Properties Inc. 2003 Page 1 of 1 CG 21671204
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Nuclear Energy Liability Exclusion Endorsement Broad Form This endorsement modifies the insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 03 2 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of the rs or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Under any Liability Coverage to bodily injury or property damage resulting from the hazardous properties of nuclear material if 03 2 3 The nuclear material is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat. ISO Properties Inc. 2007 Page 1 of 2 IL 0021 09 08 09 08
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As used in this endorsement Hazardous properties include radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear contain a critical mass of fissionable material. fon in a self supporting chain reaction or to Property damage includes all forms of radioactive contamination of property. Page 2 of 2 IL 0021 09 08 09 08
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Policy Number TBC Z91 469603 010 Issued by Employers Insurance Co. Wausau THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Asbestos Exclusion Endorsement This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COVERAGE PART MOTOR TRUCK CARGO COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTERS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK WAREHOUSEMAN S LEGAL LIABILITY COVERAGE PART This insurance does not apply to any liability damages loss injury demand claim or suit arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances or factors. LC 21 01 06 05 Page 1 of 1
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Policy Number TBC Z91 469603 010 Issued by Employers Insurance Co. Wausau THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Silica Exclusion Endorsement This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COVERAGE PART MOTOR TRUCK CARGO COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTERS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK WAREHOUSEMEN S LIABILITY COVERAGE PART This insurance does not apply to any liability damages loss injury demand claim or suit any part of which is caused by or allegedly caused by silica in any form or any substance containing silica either alone or in combination with other substances or factors whether included in a product or otherwise. LC 21 02 06 05 Page 1 of 1
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Policy Number TBC Z91 469603 010 Issued by Employers Insurance Co. Wausau THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Discrimination Exclusion This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to Damages arising out of unlawful discrimination. LC 21 04 06 05 Page 1 of 1
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Policy Number TBC Z91 469603 010 Issued by Employers Insurance Co. Wausau THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Land or Earth Movement Exclusion This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK insurance does not apply to bodily injury property damage or personal or advertising injury directly or indirectly d by arising out of relating to resulting from attributable to contributing to or aggravated by any actual or alleged land or earth movement. P Land or earth movement means movement in any direction including but not limited to instability rising upheaval expansion settling sinking shrinkage slipping falling away tilting caving in eroding shifting in a horizontal or sideways direction mud flow mudslide volcanic eruption or earthquake or any other movement of land or earth regardless of the cause whether manmade or natural. LC 21 64 08 07 Page 1 of 1
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Policy Number TBC Z91 469603 010 Issued by Employers Insurance Co. Wausau THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RESIDENTIAL CONSTRUCTION OPERATIONS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to bodily injury property damage or personal and advertising injury resulting from residential construction operations whether ongoing or completed. If a residential construction project includes a component that is intended for commercial non residential use this exclusion shall not apply to that portion of the structure or project. Residential construction includes but is not limited to construction reconstruction demolition remodeling or repair of any phase of construction or site preparation for the following types of residential structures single or multi family dwellings tract homes apartments townhomes condominiums or any mixed use structures with a residential component but does not include hotels motels nursing homes college campus dormitories or government housing on military bases. 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LC 21681011
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Policy Number TBC Z91 469603 010 Issued by Employers Insurance Co. Wausau THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Damage First Occurring Prior to Policy Period Exclusion This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART This insurance does not apply to bodily injury or property damage within the products completed operations hazard if the injury or damage first occurred prior to the effective date of this policy. Page 1 of 1 LG 3205 06 05
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE 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 Communicable Disease Bodily injury or property damage arising out of the actual or alleged transmission of a com municable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the a. Supervising hiring employing training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of the dis ease or d. Failure to report the disease to authorities. Exclusions of Section Coverage B Person al And Advertising Injury Liability 2. Exclusions This insurance does not apply to Communicable Disease Personal and advertising injury arising out of the actual or alleged transmission of a com municable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the a. Supervising hiring employing training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of the dis ease or d. Failure to report the disease to authorities. CG 21 3205 09 Insurance Services Office Inc. 2008 Page 1 of 1
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POLICY NUMBER TBC Z291 469603 010 t 1 DL TR0V IV IL 01210908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA CHANGES ATTORNEY S FEES This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY MORTGAGEHOLDER S ERRORS AND OMISSIONS COVERAGE FORM FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Attorney s Fees For A Judgment Of Additional Premium Not to exceed policy limits. Included. In any suit we defend in Alaska our obligation under Supplementary Payments to pay all costs taxed against the insured is amended by the following A. We will pay that portion of the attorney s fees awarded as costs which does not exceed the amount allowed for a contested case in the sched ule of attorney s fees contained in Alaska Civil Rule 82 for a judgment equal to the applicable Limit of Insurance. B. Information required to complete this Schedule if not shown above will be shown in the Declarations. However if a premium and a judgment amount are shown in the Schedule we will pay instead of the attorney s fees provided in Paragraph A. above that portion of the attorney s fees awarded as costs which do not exceed the amount allowed for a contested case in Civil Rule 82 for the judg ment amount shown in the Schedule. Insurance Services Office Inc. 2008 Page 1 of 1 IL 01210908
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IL 0128 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RHODE ISLAND CHANGES PREJUDGMENT INTEREST This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY MORTGAGEHOLDER S ERRORS AND OMISSIONS COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART The paragraph in the Supplementary Payments Section relating to prejudgment interest is replaced by the following 1. Prejudgment interest awarded against you on the entire judgment if we reject a written settlement of fer by the plaintiff that is equal to or less than the applicable limit of insurance in this policy or 2. If Paragraph 1. above does not apply prejudg ment interest awarded against you on that part of the judgment we pay. For the Commercial General Liability Coverage Part Commercial Liability Umbrella Coverage Part Employment related Practices Liability Cov erage Part Farm Coverage Part Farm Umbrella Liability Policy Liquor Liabilty Coverage Part Owners And Contractors Protective Liability Cov erage Part Pollution Liability Coverage Part Prod ucts Completed Operations Liability Coverage Part Medical Professional Liability Coverage Part Railroad Protective Liability Coverage Part and the Underground Storage Tank Policy the word you is replaced by the term the insured. ISO Properties Inc. 2007 Page 1 of 1 IL 012809 08
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONNECTICUT CHANGES CIVIL UNION IL 01 40 09 08 This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART A. The term spouse is replaced by the following Spouse or party to a civil union recognized under Connecticut law. B. Under the Commercial Auto Coverage Part the term family member is replaced by the following Family member means a person related to the 1. Individual Named Insured by blood adoption marriage or civil union recognized under Con necticut law who is a resident of such Named Insured s household including a ward or foster child or 2. Individual named in the Schedule by blood adoption marriage or civil union recognized under Connecticut law who is a resident of the individual s household including a ward or fos ter child if the Drive Other Car Coverage Broadened Coverage For Named Individual Endorsement is attached. C. With respect to coverage for the ownership main tenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part or Farm Umbrella Liability Policy the term family member is replaced by the following Family member means a person related to you by blood adoption marriage or civil union recog nized under Connecticut law who is a resident of your household including a ward or foster child. C. With respect to coverage for the ownership main tenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part or Farm Umbrella Liability Policy the term family member is replaced by the following Family member means a person related to you by blood adoption marriage or civil union recog nized under Connecticut law who is a resident of your household including a ward or foster child. ISO Properties Inc. 2007 Page 1 of 1 IL 01 40 09 08
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 0199 09 08 ARKANSAS CHANGES TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM LIABILITY COVERAGE FORM FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition We will be entitled to recovery only after the insured insured has been fully compensated for the loss or damage sustained including expenses incurred in obtaining full compensation for the loss or damage. ISO Properties Inc. 2007 Page 1 of 1 IL 0199 09 08
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IMPORTANT NOTICE TO POLICYHOLDERS PREMIUM DETERMINATION SUBCONTRACTORS Do you employ independent contractors or subcontractors If so you may be subject to added insurance costs. You can minimize these added insurance costs by obtaining valid certificates of insurance from all of your independent contractors and subcontractors indicating the presence of liability insurance. These certificates should be maintained for review by our auditor. Such certificates must 1. Specify an Each Occurrence Limit at least equal to 1000000 2. Specify the insurance is written on an occurrence basis 3. Specify insurance that is effective during the entirety of the course of their work for you. Failure to provide adequate certificates of insurance for any contractor or subcontractor will result in the inclusion of those exposures in the calculation of your primary insurance premium. Recent court decisions have held general or principle contractors liable for the acts of uninsured subcontractors. If you are able to produce valid certificates at the time of audit an appropriate subcontracted work class such as the following will be added to your exposures such as Contractors Subcontracted Work in connection with building construction reconstruction repair or erection apartment or office buildings over four stories. This is a secondary or contingent insurance charge based on the availability of other insurance which may apply to aloss involving you and your independent contractors or subcontractors. 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 CNL 90011013
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Kentucky Notice to Policyholders This policy includes a surcharge that has been added to your insurance premium as required by Kentucky Revised Statutes 136.392. Currently Section 136.3921a of KRS imposes a surcharge of 1.50 per 100 of premium for insurance coverage provided to policyholders with exposures in Kentucky. Effective April 1 2010 this surcharge amount is increased from 1.50 to 1.80 per 100 of premium. The funds collected from the surcharge will provide sufficient funds for the uses and purposes of the Firefighters Foundation Program fund and the Law Enforcement Foundation Program fund. Insurance companies have been directed to collect this surcharge from their policyholders. We will collect the surcharge at the same time that we bill and collect your premium. The amount will be identified on your policy as Kentucky Surcharge. 2010 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 EN 9009 0110
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Policy Number TBC Z91 469603 010 Issued by Employers Insurance Co. Wausau West Virginia Property and Casualty Policy Surcharge Your policy is subject to a West Virginia Surcharge. The amount will be identified on your policy as West Virginia Surcharge. Companies writing insurance in West Virginia are required by law to surcharge all West Virginia exposures a specified amount and remit it to the state. West Virginia distributes the monies collected to provide additional revenue to volunteer fire departments and part volunteer fire departments. 2008 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 EN 90 14 07 09
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Policy Number TBC Z91 469603 010 Issued by Employers Insurance Co. Wausau NOTICE TO OUR MISSOURI POLICYHOLDERS Commercial General Liability In accordance with Missouri Insurance Department regulation 20 CSR 500 4.100 7A we are required to notify you the premium for this policy includes Schedule Rating Modifications for the conditions shown below that are not otherwise reflected in the rating of this policy Credit Debit Applied Explanation Comments a. 25 Location Exposure inside Debit premises b. Location Exposure outside premises Premises Condition Care Comments Debit Equipment Type Condition Care Classification Peculiarities Employees Selection Training Supervision Experience Cooperation Medical Facilities Cooperation Safety Program Total 25 These factors have been applied to the annual rates for your exposures in the state of Missouri. 2015 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1of 1 EN90310315
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Policy Number TBC Z91 469603 010 Issued by Employers Insurance Co. Wausau NOTICE TO OUR NEW MEXICO POLICYHOLDERS Commercial General Liability In accordance with New Mexico Administrative Code Title 13 Chapter 8 Part 5 13 NMAC 8.5 we are required to notify you the premium for this policy includes Schedule Rating Modifications for the conditions shown below that are not otherwise reflected in the rating of this policy Credit Debit Applied Explanation Possible Range Comments a. 5 Location Exposure inside Debit premises 10 to 10 Comments Debit Location Exposure outside premises 10 to 10 Premises Condition Care 20 to 20 Equipment Type Condition Care 20 to 20 Classification Peculiarities 20 to 20 20 Debit Employees Selection Training Supervision Experience 12 to 12 Cooperation Medical Facilities 4 to 4 Cooperation Safety Program 4 to 4 Total 25 These factors have been applied to the annual rates for your exposures in the state of New Mexico. The following experience modification has also been applied to your rates N A. 2015 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1of 1 EN 9056 0315
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LIBERTY MUTUAL GROUP CALIFORNIA PRIVACY NOTICE Commercial Lines excluding Workers Compensation Effective January 1 2020 Liberty Mutual Group and its affiliates subsidiaries and partners collectively Liberty Mutual or we us and our provide insurance to companies and other insurers. This Privacy Notice explains how we gather use and share your data. This Privacy Notice applies to you if you are a Liberty Mutual commercial line insured or are a commercial line claimant residing in California. It does not apply to covered employees or claimants under Workers Compensation policies. If this notice does not apply to you go to libertymutual.comprivacy to review the applicable Liberty Mutual privacy notice. What Data Does Liberty Mutual Gather We may collect the following categories of data o Identifiers including a real name alias postal address unique personal identifier online identifier Internet Protocol address email address account name Social Security Number driver s license number or other similar identifiers e Personal information described in California Civil Code 1798.80e such as your name signature Social Security Number physical characteristics or description address telephone number driver s license or state identification card number insurance policy number education employment employment history bank account number financial information medical information or health insurance information o Protected classification characteristics including age race color national origin citizenship religion or creed marital status medical condition physical or mental disability sex including gender gender identity gender expression pregnancy or childbirth and related medical conditions sexual orientation or veteran or military status o Commercial information including records of personal property products or services purchased obtained or considered or other purchasing or consuming histories and tendencies o Internet or other similar network activity including browsing history search history information on a consumer s interaction with a website application or advertisement e Professional or employment related information including current or past job history or performance evaluations o Inferences drawn from other personal information such as a profile reflecting a person s preferences characteristics psychological trends predispositions behavior attitudes intelligence abilities and aptitudes e Risk data including data about your driving andor accident history this may include data from consumer reporting agencies such as your motor vehicle records and loss history information health data or criminal convictions and o Claims data including data about your previous and current claims which may include data regarding your health criminal convictions third party reports or other personal data. For information about the types of personal data we have collected about California consumers in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. How We Get the Personal Data We gather your personal data directly We also gather your personal data from other people. For from you. For example you provide us example with data when you o ask about buy insurance or file a claim o your insurance agent or broker o pay your policy e your employer association or business if you are insured through them o Visit our websites call us or visit our e our affiliates or other insurance companies about your office transactions with them Insurance Services Office Inc. 2019 Page 1 of 6 SNI 04 010120
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consumer reporting agencies Motor Vehicle Departments and inspection services to gather your credit history driving record claims history or value and condition of your property other public directories and sources third parties including other insurers brokers and insurance support organizations who you have communicated with about your policy or claim anti fraud databases sanctions lists court judgments and other databases government agencies open electoral register or in the event of a claim third parties including other parties to the claim witnesses expert loss adjustors and claim handlers other third parties who take out a policy with us and are required to provide your data such as when you are named as a beneficiary or where a family member has taken out a policy which requires your personal data For information about how we have collected personal data in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. How Does Liberty Mutual Use My Data Liberty Mutual uses your data to provide you with our products and services and as otherwise provided in this Privacy Notice. Your data may be used to Business Purpose Data Categories Identifiers Market sell and provide insurance. This includes o for example o Personal Information o calculating your premium o Protected Classification Characteristics o determining your eligibility for a quote o Commercial Information o confirming your identity and service your policy o Internet or other similar network activity o Professional or employment related information o Inferences drawn from other personal information o Risk data o Claims data Manage your claim. This includes for example o Identifiers e managing your claim if any Personal Information o conducting claims investigations o Protected Classification Characteristics e conducting medical examinations o Commercial Information o conducting inspections appraisals o Internet or other similar network activity o providing roadside assistance o Professional or employment related information o providing rental car replacement or repairs o Inferences drawn from other personal information o Risk data o Claims data Day to Day Business and Insurance Operations. Identifiers This includes for example o Personal Information o creating maintaining customizing and securing e Protected Classification Characteristics accounts o Commercial Information o supporting day to day business and insurance Internet or other similar network activity related functions o Professional or employment related information e doing internal research for technology e Inferences drawn from other personal information development o Risk data e marketing and creating products and services o Claims data o conducting audits related to a current contact with a consumer and other transactions nation sification Characteristics formation r similar network activity r employment related information wn from other personal information. determinidyouf eligibility for a quote o confirming your identity and service your policy managmg your clalm if an conducting claims investigations conducting medical examinations conducting inspections appraisals providing roadside assistance providing rental car replacement or repairs nation sification Characteristics formation r similar network activity r employment related information wn from other personal information Personal Information Protected Classification Characteristics Commercial Information Internet or other similar network activity Professional or employment related information Inferences drawn from other personal information Risk data Claims data Insurance Services Office Inc. 2019 Page 2 of 6 SNI 04010120
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o as described at or before the point of gathering personal data or with your authorization Security and Fraud Detection. This includes for o Identifiers example o Personal Information o detecting security issues o Protected Classification Characteristics o protecting against fraud or illegal activity and to Commercial Information comply with regulatory and law enforcement e Internet or other similar network activity authorities o Professional or employment related information e managing risk and securing our systems e Inferences drawn from other personal information assets infrastructure and premises roadside Risk data assistance rental car replacement or repairs o Claims data o help to ensure the safety and security of Liberty staff assets and resources which may include physical and virtual access controls and access rights management e supervisory controls and other monitoring and reviews as permitted by law and emergency and business continuity management Regulatory and Legal Requirements. This includes Identifiers for example o Personal Information o controls and access rights management o Protected Classification Characteristics e to evaluate or conduct a merger divestiture Commercial Information restructuring reorganization dissolution or e Internet or other similar network activity other sale or transfer of some or all of Liberty s o Professional or employment related information assets whether as a going concern or as part of e Inferences drawn from other personal information bankruptcy liquidation or similar proceeding in o Risk data which personal data held by Liberty is among Claims data the assets transferred e exercising and defending our legal rights and positions o to meet Liberty contract obligations o to respond to law enforcement requests and as required by applicable law court order or governmental regulations o as otherwise permitted by law. Improve Your Customer Experience and Our e Identifiers Products. This includes for example o Personal Information e improve your customer experience our Commercial Information products and service o Internet or other similar network activity o to provide support personalize and develop our e Professional or employment related information website products and services o Inferences drawn from other personal information o create and offer new products and services o Risk data o Claims data Analytics to identify understand and manage our o Identifiers risks and products. This includes for example o Personal Information e conducting analytics to better identify e Protected Classification Characteristics understand and manage risk and our products o Commercial Information o Internet or other similar network activity o Professional or employment related information o Inferences drawn from other personal information o Risk data o Claims data Customer service and technical support. This e Identifiers includes for example o Personal Information e answer questions and provide notifications o Commercial Information o provide customer and technical support o Internet or other similar network activity o Professional or employment related information Personal Information Protected Classification Characteristics Commercial Information Internet or other similar network activity Professional or employment related information Inferences drawn from other personal information Risk data Claims data Personal Information Protected Classification Characteristics Commercial Information Internet or other similar network activity Professional or employment related information Inferences drawn from other personal information Risk data Claims data nation formation r similar network activity r employment related information wn from other personal information nation sification Characteristics formation r similar network activity r employment related information wn from other personal information understand and manage risk and our products network activity Insurance Services Office Inc. 2019 Page 3 of 6 SNI 04 010120
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o Inferences drawn from other personal information o Risk data o Claims data How Does Liberty Mutual Share My Data Liberty Mutual does not sell your personal data as defined by the California Consumer Privacy Act. Liberty Mutual shares personal data of California consumers with the following categories of third parties o Liberty Mutual affiliates o Service Providers o Public entities and institutions e.g. regulatory quasi regulatory tax or other authorities law enforcement agencies courts arbitrational bodies and fraud prevention agencies e Professional advisors including law firms accountants auditors and tax advisors o Insurers re insurers policy holders and claimants and e As permitted by law. Liberty Mutual shares the following categories of personal data regarding California consumers to service providers for business purposes Identifiers Personal Data Protected Classification Characteristics Commercial Information Internet or other similar network activity Claims Data Inferences drawn from other personal information Risk Data Professional employment and education information For information about how we have shared personal information in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. What Privacy Rights Do Have The California Consumer Privacy Act provides California residents with specific rights regarding personal information. These rights are subject to certain exceptions. Our response may be limited as permitted under law. Access or Deletion You may have the right to request that Liberty Mutual disclose certain information to you about our collection and use of your personal data in the twelve 12 months preceding such request including a copy of the personal data we have collected. You also may have the right to request that Liberty Mutual delete personal data that Liberty Mutual collected from you subject to certain exceptions. Specifically you have the right to request that we disclose the following to you in each case for the twelve 12 month period preceding your request the categories of personal data we have collected about you the categories of sources from which the personal data wasf is collected our business or commercial purpose for collecting personal data the categories of third parties with whom we share personal data the specific pieces of data we have collected about you the categories of personal data about you if any that we have disclosed for monetary or other valuable consideration including the categories of third parties to which we have disclosed the data by category or categories of personal data for each third party to which we disclosed the personal data and o the categories of personal data about you that we disclosed for a business purpose. Personal Data Commercial Information Claims Data Risk Data Insurance Services Office Inc. 2019 Page 4 of 6 SNI 04010120
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You can make a request by either Calling 800 344 0197 Online libertymutualgroup.comprivacypolicydatarequest Mail Attn Privacy Office Liberty Mutual Insurance Company 175 Berkeley St. 6th Floor Boston MA 02116 You may also make a verifiable consumer request on behalf of your minor child. You or your authorized agent may only make a verifiable consumer request for access or data deletion twice within a twelve 12 month period. The verifiable consumer request must provide sufficient information that allows Liberty Mutual to reasonably verify that you are the person about whom Liberty Mutual collected personal data or an authorized representative of such person and describe your request with sufficient detail that allows Liberty Mutual to properly understand evaluate and respond to it. For more information about how Liberty Mutual will verify your identity and how an authorized agent may make a request on your behalf go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. Response Timing Liberty Mutual will respond to a verifiable consumer request within forty five 45 days of its receipt. If more time is needed Liberty Mutual will inform you of the reason and extension period in writing. Any disclosures that will be provided will only cover the twelve 12 month period preceding our receipt of the verifiable consumer request. If Liberty Mutual is unable to fulfill your request you will be provided with the reason that the request can not be completed. For more information about how we will respond to requests go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. Rights to opt in and out of data selling California consumers have the right to direct businesses not to sell your personal data opt out rights and personal data of minors under 16 years of age will not be sold as is their right without theirs or their parents opt in consent. Liberty Mutual does not sell the personal data of consumers. For more information go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. No account needed You do not need to create an account with Liberty Mutual to exercise your rights. Liberty Mutual will only use personal data provided in a request to review and comply with the request. No discrimination You have the right not to be discriminated against for exercising any of your CCPA rights. Unless permitted by the CCPA exercising your rights will not cause Liberty Mutual to o Deny you goods or services e Charge you different prices or rates for goods or services including through granting discounts or other benefits or imposing penalties o Provide you a different level or quality of goods or services or e Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Insurance Services Office Inc. 2019 Page 5 of 6 SNI 04 010120
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Will Liberty Mutual Update This Privacy Notice We reserve the right to makes changes to this notice at any time and for any reason. The updated version of this policy will be effective once it is accessible. You are responsible for reviewing this policy to stay informed of any changes or updates. Who Do Contact Regarding Privacy If you have any questions or comments about this Notice or the Supplemental CCPA Notice your rights or are requesting the Notice in an alternative format please do not hesitate to contact Liberty Mutual at Phone 800 344 0197 Email privacylibertymutual.com Postal Address Attn Privacy Office Liberty Mutual Insurance Company 175 Berkeley St. 6th Floor Boston MA 02116 Insurance Services Office Inc. 2019 Page 6 of 6 SNI 04010120
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Risk Control Services Important Information for Florida Policyholders Through its Risk Control Services department Liberty Mutual Insurance has safety consultation services that are available to policyholders. We have found that some of these services are consistent with your workplace hazards. These services may be available to you as our policyholder at no additional cost. To obtain further information about our safety consultation services please contact our Risk Control Consulting Center at 1 866 757 7324 or email RCConsultingCenter LibertyMutual.com. 2016 Liberty Mutual Insurance. Page 1 of 1 SNI 09 02 06 16
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TEXAS NOTICE NOTIFICATION OF THE AVAILABILITY OF LOSS CONTROL INFORMATION SERVICES We are committed to providing loss control information services at no charge to Texas commercial automobile liability general liability and professional liability policyholders in an effort to prevent and reduce potential claims and losses. To obtain further information about these services please contact our Risk Control Consulting Center at 1 866 757 7324 or email RCConsultingCenterLibertyMutual.com. 2015 Liberty Mutual Insurance Page 1 of 1 SNI 420204 15
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UTAH INFORMATION TO POLICYHOLDERS Pursuant to the laws of Utah section 31A21 201 you are hereby informed that Employers Insurance Company of Wausau is the exact name of your insurer which is domiciled in the state of Wisconsin. 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 SNI 43 06 05 13
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POLICYHOLDER NOTICE COMPANY CONTACT INFORMATION In the event you need to contact someone about this policy for any reason please contact your Sales Representative or Producer of Record as shown on the policy Declarations or Information Page. If you have additional questions you may contact the company at the following address Liberty Mutual Insurance 175 Berkeley Street Boston MA 02116 1800 344 0197 Insurance Services Office Inc. 2018 Page 1 of 1 SNI 90011218
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POLICYHOLDER DISCLOSURE TERRORISM RISK INSURANCE ACT THIS NOTICE CONTAINS IMPORTANT INFORMATION PURSUANT TO THE TERRORISM RISK INSURANCE ACT. PLEASE READ ITCAREFULLY. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses from certified acts of terrorism exceed a specified deductible amount the government will generally reimburse the insurer for a percentage of losses the Federal Share paid in excess of the deductible but only if aggregate industry losses from certified acts of terrorism exceed the Program Trigger. Beginning in calendar year 2020 the Federal Share is 80 and Program Trigger is 200000000. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. 2020 Liberty Mutual Insurance Page 1 of 1 SNI 90 02 01 20
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New Jersey Property Liability Insurance Guaranty Association Surcharge This is an explanation of the NJ Surcharge which may appear on the enclosed policy. Companies writing property and casualty insurance in New Jersey are required to participate in the New Jersey Property Liability Insurance Guaranty Association PLIGA. The purpose of this association is to pay covered claims for insolvent insurers. The PLIGA assesses each member insurer for its fair share of the association expens New Jersey law allows companies to surcharge policies to recover these assessments. If your policy is subject to this surcharge NJ Surcharge with an amount will appear on your premium notice. ST9010 02 92 Page 1 of 1
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ASPEN ASPEN SPECIALTY INSURANCE COMPANY POLICY NUMBER ERAGMVT17 RENEWAL OF ERAGMVT16 COMMERCIAL GENERAL LIABILITY ENVIRONMENTAL EXPOSURE GLEE DECLARATIONS Aspen Specialty Insurance Company clo Aspen Specialty Insurance Management Inc. 840 W. Sam Houston Parkway N. Suite 420 Houston TX 77024 A stock insurance company incorporated under the laws of North Dakota herein called the Company. ITEM 1 ITEM 2 FIRST NAMED INSURED NAME AND MAILING ADDRESS NEMAHA ENVIRONMENTAL SERVICES LLC 5320 W. KEOWEE ROAD KREMLIN OK 73753 POLICY NUMBER ERAGMVT17 ITEM 3 ITEM 4 POLICY PERIOD Policy Pel a Inception Date b Expiration Date c Retroactive Dates Coverage Section 3 Coverage Section 4 PREMIUM a Policy Premium 08012017 08012018 08012016 NOT PURCHASED b Premium for Certified Acts of Terrorism Coverage c Total Premium 52293 REJECTED 52293 ITEM 5 FORMS ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION SEE SCHEDULE OF FORMS AND ENDORSEMENTS Aspen Specialty Insurance Company 2011 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 3 ASPER107 DEC 0313
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ITEM 6 PURCHASED COVERAGES LIMITS OF LIABILITY DEDUCTIBLES Coverage is applicable only under purchased Coverages selected below. Deductibles and Limits of Liability are completed only for such purchased Coverages. Coverage Sections and Coverage Parts Purchased Limit of Deductible Liability Coverage Section 1. Commercial General Liability EBL Coverage 1A Bodily Injury and Property Damage yes No O 1000000 50000 Each Occurrence Limit Coverage 1B Personal and Advertising Injury Limit ygg X No 1000000 50000 Any One Person or Organization U Coverage 1C Medical Expense Limit Any One Yes K No O 25000 0 Person Coverage 1D Employee Benefits Administration Yes N No O 1000000 1000 Liability Limit Each Employee. U Damage to Premises Rented to You Limit Any One Yes W No O 300000 0 Premises Coverage Section 2 General Pollution Liability Each Pollution Incident Limit Coverage 2A Hostile Fire and Building Equipment Yes N No 0 1000000 50000 Coverage 2B Products Pollution Yes M No J 1.000000 50000 Coverage 2C Transportation Pollution Yes M No O 1.000000 50000 Coverage 2D Contractors Pollution Yes M No 0 1000000 50000 Coverage 2E Site Time Element Bl and PD Yes K No 1000000 50000 Coverage 2F Emergency Response Cost Yes K No 250000 50000 Coverage 2 G Crisis Cost Limit Per Crisis Event and X A en in the Aggregate Yes No 250000 Coverage Section 3 Site Pollution Incident Each Pollution Incident Limit Coverage 3A On Site Clean Up Costs Yes M No O 1.000000 50000 Coverage 3B Off Site Clean Up Costs Yes N No 1000000 50000 Coverage 3C Site Bodily Injury and Property Damage ygg X No O 1000000 50000 Coverage 4 Professional Liability Each Wrongful Act Limit ves O No M 50 0 As of 1201 a.m. on such date in the time zone applicable to the applicant s mailing address. 1s and Coverage Farts Deductible bbbt d onal Liability Each Aspen Specialty Insurance Company 2011 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of3 ASPER107 DEC 0313
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ITEM 7 AGGREGATE LIMIT a General Aggregate Limit b Products Completed Operations Aggregate 2000000 2000000 ITEM 8 NOTICES a Notices to first named insured NEMAHA ENVIRONMENTAL SERVICES LLC 5320 W. KEOWEE ROAD KREMLIN OK 73753 b Notices to Insurer under Section V Aspen Specialty Insurance Company clo Aspen Specialty Insurance Management Inc. 590 Madison Avenue 7th Floor New York NY 10022 Main Tel 646 502 1000 Fax 646 502 1020 Email environmental.claimsaspeninsurance.com c all other notices to the insurer Aspen Specialty Insurance Company Attn General Counsel 175 Capital Boulevard Suite 100 Rocky Hill CT 06067 Tel 1 877 245 3510 ITEM9 BROKER LOCKTON COMPANIES LLC 444 W. 47TH ST STE 900 KANSAS CITY MO 64112 License No. 100100313 OKLAHOMA This policy is procured as a surplus lines coverage and is not subject to the protection of the Oklahoma Guaranty Association Fund in the event of liquidation or receirvership of the insurer. This Declarations page together with the attached Policy form any Applications Schedules and Endorsements thereto shall constitute the contract between the Insurer and the Insured. Tz Authorized Representative Aspen Specialty Insurance Company 2011 Includes copyrighted material of Insurance Services Office Inc. Page3 of3 with its permission Issued on 10092017 ASPER107 DEC 0313
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ASPEN ASPEN SPECIALTY INSURANCE COMPANY IN WITNESS WHEREOF the Insurer has caused this Policy to be signed by its President and Secretary and countersigned where required by law on the Declarations page by its duly Authorized Representative. President Secretary 2013 Aspen Insurance U.S. Services Inc. All rights reserved. ASPCO098 0213 Page 1 of 1
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ASPEN Policy No. ERAGMVT17 Effective Date 08012017 SCHEDULE OF APPLICABLE FORMS FORMS AND ENDORSEMENTS MADE PART OF THIS POLICY AT TIME OF ISSUE Form number and title ASPER107 DEC 0313 Commercial General Liability Environmental Exposure Declarations ASPCO098 0213 Signature Page ASPER027 0709 Schedule of Applicable Forms. ASPER108 0313 Commercial General Liability Environmental Exposure Policy ASPER102 01 15 Exclusion of Certified Acts of Terrorism ASPCO023 1016 NBCR Terrorism Exclusion ASPER117GLO115A Oil Gas Well Plug and Abandonment Exclusion ASPER117GLO716A Seismic Exclusion ASPER117GLO117A Punitive Damages Fines and Penalties For Site Pollution Exclusion ASPER117GLOB17A Closure Post Closure Reclamation and Plug Abandonment Exclusion ASPER197 1012 Minimum Eamed Premium Endorsement ASPER233 0313 Schedule of Insured Locations ASPER239 0313 On Site Clean up Limited to Aboveground Storage Tanks ASPER431.1214 Aspen Environmental Emergency Response Hotline ASPER440 0915 Right Of Access And Inspection Condition Endorsement ASPER027 0709 Page 10f 3 2016 Aspen Insurance U.S. Services Inc. All rights reserved.
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N4 ASPEN COMMERCIAL GENERAL LIABILITY ENVIRONMENTAL EXPOSURE GLEE POLICY NOTICE Coverage Sections 3 and 4 contain Claims Made and Reported coverages and this Policy otherwise contains provisions which restrict coverage and are unique. The insured should read the entire Policy carefully to determine rights duties and what is and is not covered. Bold words and phrases other than headings are defined in Section VII. of this Policy and other terms are also defined throughout the Policy. Throughout this Policy the words you and your mean the Named Insured shown in Item 1. of the Declarations and any other person or organization qualifying as a Named Insured under this Policy. The word insured means any person or organization qualifying as such under Section Ill. of this Policy. The words we us our and insurer refer to the Company providing this insurance as set forth in Item 8.b of the Declarations. In consideration of payment of premium when due and in reliance upon the application only those purchased Coverages shown in Item 6 of the Declarations are applicable. I. COVERAGES Section 1. COMMERCIAL GENERAL LIABILITY AND EMPLOYEE BENEFITS ADMINISTRATION Coverage 1A Bodily Injury and Property Damage 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or fziaeorg damage that takes place during the policy period and is caused by an occurrence in the coverage 2. Exclusions In addition to the COMMON EXCLUSIONS APPLICABLE TO SECTIONS 1 AND 2 the following exclusions apply to Coverage 1A. Coverage 1A does not apply to a. Asbestos or Lead Bodily injury or property damage arising out of the presence ingestion or inhalation of or exposure to asbestos or lead in any form. b. Distribution of Material in Violation of Statutes Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate i the Telephone Consumer Protection Act TCPA ii the CAN SPAM Act of 2003 iii any other statute ordinance or regulation that prohibits or limits the sending transmitting communicating or distribution of material or information or iv any amendment or addition to such laws identified in i or ii or iii. c. Electronic Data Damages arising out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 1 of 34
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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 software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. d. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of causing or contributing to the intoxication of any person the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This Exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. e. Mobile Equipment Bodily injury or property damage arising out of i the transporting of mobile equipment by an auto owned or operated by or rented or loaned to any insured or i use of mobile equipment in or while in practice for or while being prepared for any racing speed demolition or stunting activity. f. Personal and Advertising Injury Bodily injury arising out of personal and advertising injury. g. Pollution Bodily injury or property damage or any loss cost or expense arising out of any pollutant. With the exception of Exclusions b and f the foregoing exclusions do not apply to damage by fire to premises while rented to or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section II. Coverage 1B Personal and Advertising Injury 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury caused by an offense that arises out of your business and was committed during the policy period in the coverage territory. Exclusions In addition to the COMMON EXCLUSIONS APPLICABLE TO SECTIONS 1 AND 2 the following exclusions apply to Coverage 1B. Coverage 1B does not apply to personal and advertising injury a. Breach of Contract Arising out of breach of contract except an implied contract to use another s advertising idea in your advertisement. b. Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. c. Distribution of Material in Violation of Statutes Arising directly or indirectly out of any action or omission that violates or is alleged to violate i the Telephone Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 2 of 34
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Consumer Protection Act TCPA i the CAN SPAM Act of 2003 iii any other statute ordinance or regulation that prohibits or limits the sending transmitting communicating or distribution of material or information or iv any amendment or addition to such laws identified in i or ii or iii. Electronic Chatrooms or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Infringement of Copyright Patent Trademark or Trade Secret Arising out of infringement of copyright patent trademark trade secret or other intellectual property rights. This Exclusion does not apply to i use of another s advertising idea in your advertisement or i infringement in your advertisement of any copyright trade dress or slogan. Knowing Violation of Rights of Another Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict damages offenses or personal and advertising injury. Material Published Prior To Policy Period Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. Material Published With Knowledge of Falsity Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Media and Internet Type Businesses Committed by an insured whose business is i advertising broadcasting publishing telecasting i designing or determining content of web sites for others or iii an internet search access content or service provider. This Exclusion does not apply to subparagraphs i iii of paragraph JJ. in Section VII. Definitions. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Pollution Arising out of any pollutant or any loss cost or expense arising out of any pollutant. Quality Performance or Conformance Failure Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Unauthorized Use of Another s Name or Product Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers.. Wrong Description of Prices Avrising out of the wrong description of the price of goods products or services stated in your advertisement. Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 3 of 34
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Coverage 1C Medical Payments 1. Insuring Agreement We will pay medical expenses for bodily injury caused by an accident on premises you own or rent or on ways next to such premises or because of your operations provided i the accident takes place during the policy period and in the coverage territory i the medical expenses are incurred and reported to us within one year of the date of the accident and jii 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. We will pay reasonable expenses for i first aid administered at the time of an accident ii necessary medical surgical x ray and dental services including prosthetic devices and iii necessary ambulance hospital professional nursing and funeral services. 2. Exclusions In addition to the COMMON EXCLUSIONS APPLICABLE TO SECTIONS 1 AND 2 the following exclusions apply to Coverage 1C. Coverage 1C does not apply to bodily injury a. Any Insured To any insured except volunteer workers. To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. c. Coverage 1A Exclusions Excluded under Coverage 1A CGL Bodily Injury and Property Damage. d. Hired Person To any person hired to do work for or on behalf of any insured or a tenant of any insured. e. Injury on Normally Occupied Premises To any person injured on that part of premises you own or rent that the person normally occupies. f. Products Completed Operations Hazard Included in the products completed operations hazard. Coverage 1D Employee Benefits Administration Liability 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of a wrongful act committed during the policy period and in the coverage territory in the administration of your employee benefits program. 2. Exclusions In addition to the COMMON EXCLUSIONS APPLICABLE TO SECTIONS 1 AND 2 the following exclusions apply to Coverage 1D. Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 4 of 34
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Coverage 1D does not apply to Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. Bodily Injury Property Damage or Personal and Advertising Injury Bodily injury property damage or personal and advertising injury. Dishonest Fraudulent Criminal or Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. ERISA Damages for which any insured is liable because of the liability imposed on a fiduciary by the Employee Ilzisr.emen Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local Failure to Perform a Contract Damages arising out of failure of performance of a contract by any insurer. Inadequate Investment Performance Advice Given With Respect to Participation Any claim based upon 1. Failure of any investment to perform 2. Errors in providing information on past performance of investment vehicles or 3. Advice given to any person with respect to that person s decision to participate or not in any plan included in the employee benefits program. Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligation under any plan included in the employee benefits program. Known Wrongful Act Any wrongful act known prior to the inception date by a responsible executive to have taken place in whole orin part. Taxes Fines or Penalties Taxes fines or penalties including those imposed under ERISA the Internal Revenue Code or any similar state or local law. Section 2. GENERAL POLLUTION LIABILITY 1. Insuring Agreements Under each of Coverages 2A through 2E we will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury property damage or environmental damage as the case may be that takes place during the policy period and is caused by a pollution incident in the coverage territory provided Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 5 of 34
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Coverage 2A Hostile Fire Building Equipment 1 The bodily injury property damage or environmental damage arises out of heat smoke fumes vapor or soot from a hostile fire or 2 The bodily injury is sustained within a building and arises out of heat smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or that is used to heat water for personal use by the building s occupants or their guests. Coverage 2B Products Pollution The bodily injury property damage or environmental damage arises out of your product and is included in the products completed operations hazard. Coverage 2C Transportation Pollution The pollution incident is caused by transportation or misdelivery during transportation and results in bodily injury property damage or environmental damage. Coverage 2D Contractors Pollution The pollution incident is caused by your work and results in bodily injury property damage or environmental damage. Coverage 2E Site Time Element Bodily Injury and Property Damage The pollution incident 1 is on at under or migrating from or through a any non owned location or b any location that is occupied by any insured other than an insured location 2 results in bodily injury or property damage 3 is demonstrable as having commenced at an identifiable time and place during the policy period 4 is discovered no later than 20 calendar days after its commencement and 5 is reported to us no later than 80 calendar days after its commencement. In the event Coverage 3C Site Bodily Injury and Property Damage is purchased Coverage 2E will not apply to non owned locations. Coverage 2F Emergency Response We will pay emergency response cost resulting from an imminent and significant threat to human health or the environment arising out of a pollution incident that commences during the policy period in the coverage territory. Coverage 2 G Crisis Event We will pay crisis cost arising out of a crisis event that takes place during the policy period in the coverage territory. Exclusions In addition to the Common Exclusions applicable to Sections 1 and 2 the following exclusions apply to all Coverages in Section 2 except as otherwise provided. This insurance does not apply to a. Certain Time Element Incidents Solely with respect to Coverage 2E Site Time Element Bodily Injury and Property Damage a pollution incident that arises out of i an underground storage tank or i heat or a pollutant from hostile fire or originating from equipment that is used to heat cool or dehumidify Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 6 of 34
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b. the building or to heat water for personal use by the building s occupants or their guests. Identified Underground Storage Tanks A pollution incident arising out of an underground storage tank the existence of which is known by any responsible executive as of the inception date and which is on an insured location unless such underground storage tank is scheduled on an Underground Storage Tank Endorsement attached to and made part of this Policy. This Exclusion does not apply to any underground storage tank which has been closed abandoned in place or removed in accordance with environmental law prior to the inception date. Installed Asbestos or Lead Environmental damage arising out of asbestos asbestos containing materials or lead based paint installed or applied in on or to any building or structure including any removal of such materials and disposal thereof. This Exclusion does not apply to 1 environmental damage that arises out of inadvertent disturbance of such installed or applied asbestos or asbestos containing materials or lead based paint or 2 in the absence of inadvertent disturbance described in 1 above remediation of soil surface water or groundwater contamination. Intentional Non Compliance A pollution incident arising from a responsible executive s intentional noncompliance with environmental law. This Exclusion does not apply to the insured s action taken in good faith in reliance upon written advice of outside counsel received in advance of such noncompliance or in response to an imminent and significant threat to human health or the environment. Material Change In Use A pollution incident arising out of a change in use of or operations at any insured location that is materially different from the use or operations at the inception date. Prior Knowledge Non Disclosure Any pollution incident or imminent threat thereof known by a responsible executive prior to the inception date and not specifically disclosed in the application. Waste Disposal Damages arising out of disposal of any products or materials including waste delivered for the purpose of treatment storage processing recycling or disposal at any location not owned or operated by or leased or rented to any insured. This exclusion does not apply to Coverage 2E Site Time Element Bodily Injury and Property Damage. COMMON EXCLUSIONS APPLICABLE TO SECTIONS 1 AND 2 COVERAGES 1A 1D AND 2A 2 G The following exclusions apply to all Coverages in Sections 1 and 2 except as otherwise provided. This insurance does not apply to Aircraft Auto or Watercraft Other than with respect to Coverage 2C Transportation Pollution loss arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 7 of 34
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loaned to any insured. Use includes operation and loading or unloading. This Exclusion applies even if any claim or suit against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the damage arose from the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Solely with respect to Coverage 1A CGL Bodily Injury and Property Damage this Exclusion does not apply to 1 watercraft ashore on premises you own or rent 2 watercraft you do not own that is not being used to carry persons or property for a charge 3 aircraft you do not own that is not being used to carry persons or property for a charge and which is hired chartered or loaned by you with a paid crew 4 parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 5 liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 6 bodily injury or property damage arising out of i operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged or i operation of any of the machinery or equipment listed in the definition of mobile equipment VII.FF. subparagraph 6.b c or bodily injury or property damage arising out of misdelivery of your product if such bodily injury or property damage occurs after such operations have been completed or abandoned at the site of such delivery. Operations which may require further service maintenance correction repair or replacement because of performance at the wrong address misdelivery or because of any error defect or deficiency but which are otherwise completed will be deemed completed. b. Contractual Liability Loss which the insured is obligated to pay 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 agreement or 2 Assumed in an insured contract provided the bodily injury property damage or environmental damage occurs subsequent to the execution of the insured contract. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury property damage or environmental 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 attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Damage to Property Property damage or environmental damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 8 of 34
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2 premises you sell give away or abandon 3 property loaned to you 4 personal property in the care custody or control of the insured 5 that part of any real property on which you or any contractors or subcontractors whether working directly or indirectly on your behalf are performing operations if the property damage or environmental damage arises out of those operations however this paragraph 5 does not apply to Coverage 2D Contractors Pollution or 6 that part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in II. LIMITS OF LI ABILITY AND DEDUCTIBLE. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Employer Liability Loss arising out of bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured 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 insured contract. Employment Related Practices Loss arising out of refusal to employ termination of employment or employment related practices policies acts or omissions including coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at any person. This Exclusion extends to the spouse child parent brother or sister of any person at whom the actions above are directed. This Exclusion applies whether the insured 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. Expected or Intended Bodily injury property damage or environmental damage expected or intended from the standpoint of a Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 9 of 34
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responsible executive. This Exclusion does not apply to bodily injury or property damage resulting from use of reasonable force to protect persons or property. Impaired Property or Property Not Physically Injured Property damage to impaired property or property that is not physically injured arising out of i a defect deficiency inadequacy or dangerous condition in your product or your work i a delay or failure by 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. Known Injury or Damage Bodily injury property damage or environmental damage known prior to the policy period by a responsible executive. Any continuation change or resumption of such bodily injury property damage or environmental damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury property damage or environmental damage will be deemed known at the earliest time when a responsible executive i reports all or any part of the bodily injury property damage or environmental damage to us or any other insurer ii receives a claim for damages because of the bodily injury property damage or environmental damage or i becomes aware by any other means that bodily injury property damage or environmental damage has occurred or has begun to occur. Nuclear Material Loss based upon or arising out of the radioactive toxic or explosive properties of nuclear material and with respect to which the insured is 1 Required to maintain financial protection pursuant to the Atomic Energy Act of 1954 2 Entitled to indemnify from the United States of America or any agency thereof or 3 An insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of limits. Product Recall Damages claimed for any loss inspection repair replacement adjustment removal or disposal of your product your work or impaired property because of recall or withdrawal from the market for any reason. Punitive Damages Fines and Penalties Punitive exemplary or the multiplied portion of multiple damages or any civil or administrative fines penalties or assessments except where such damages fines penalties or assessments are insurable by applicable law. War Loss arising directly or indirectly out of 1 War including undeclared or civil war 2 War like action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Workers Compensation and Similar Laws Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 10 of 34
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Loss arising out of any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Your Product Property damage to your product arising out of it or any part of it. Your Work Property damage to your work arising out of it or any part 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. With the exception of Exclusions b and f the foregoing exclusions do not apply to damage by fire to premises while rented to or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section II. DEFENSE AND SUPPLEMENTARY PAYMENTS COVERAGES 1A 1D AND 2A 2 G A. Defense 1. We have the right and duty to defend the insured against any suit seeking damages subject to coverage under this Policy. We have no duty to defend the insured against a suit to which this Policy does not apply. Our duty to defend ends when the applicable Limit of Liability is exhausted by payment of loss. We have the right but not the duty to investigate any occurrence offense pollution incident or wrongful act and settle any claim or suit that may result therefrom. Where the insured is legally entitled to select independent counsel to defend it the attorneys fees and expenses we will pay are limited to the rates that we normally pay to counsel selected by us to defend similar claims in the jurisdiction where the suit is being defended. We may require that such counsel meet certain minimum qualifications and maintain errors and omissions insurance. The insured may at any time by its written consent waive any right to select independent counsel. B. Supplementary Payments 1. Under the purchased Coverages in Sections 1 and 2 we will pay with respect to any claim we investigate or settle or any suit against an insured we defend the following Supplementary Payments a. All expenses we incur. b. Up to 1000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle resulting in bodily injury subject to coverage under this Policy. We shall have no obligation to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable Limit of Liability. We shall have no obligation 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 500 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 attorneys expenses or sanctions taxed to awarded against or imposed upon the insured. 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 Liability we will not pay any prejudgment interest based on that period of time after the offer. Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 11 of 34
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g. All interest on the full amount of any judgment within the applicable Limit of Liability that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limit of Liability. These payments do not reduce the Limits of Liability under Coverage Sections 1 and 2. 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 assumed the liability of the indemnitee in an insured contract This insurance applies to such liability assumed by the insured 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 The allegations in the suit and the information we know about the occurrence offense pollution incident or wrongful act are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee 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 The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses 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 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable Limit of Liability in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. Our duties to pay any Supplementary Payments shall end when the applicable Limits of Liability are exhausted. MULTIPLE POLICIES POLICY PERIODS COVERAGES 1A1D and 2A2 G A If there is progressive or indivisible bodily injury property damage or environmental damage including any continuation change or resumption thereof that takes place over a period of days weeks months or longer and is caused by continuous or repeated exposure to the same related continuous or repeated general harmful conditions or substances under Coverage 1A CGL Bodily Injury and Property Damage or pollution incidents under Coverages 2A through 2 G General Pollution Liability coverages 1. All such bodily injury property damage or environmental damage shall be deemed to have taken place Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 12 of 34
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only on the date of first exposure to such general harmful conditions or substances or pollution incidents but 2. If i the date of first exposure can not be determined or is before the inception date of the first policy issued by us or our affiliate to you providing coverage substantially the same as that provided by this Policy for bodily injury property damage or environmental damage that takes place during the policy period and ii such bodily injury property damage or environmental damage continues in fact to take place during this policy period then all such bodily injury property damage or environmental damage shall be deemed to have taken place during the policy period of the first such policy we or our affiliate issued to you. B. If the same related continuous or repeated general harmful conditions or substances or pollution incidents resultin bodily injury property damage or environmental damage that takes place during the policy periods of different policies issued by us or our affiliate to you providing coverage substantially the same as that provided by this Policy for bodily injury property damage or environmental damage that takes place during the policy period 1. All such bodily injury property damage or environmental damage shall be deemed to have taken place only during the first policy period of such policies in which any of the bodily injury property damage or environmental damage took place and 2. Allloss resulting from all such bodily injury property damage or environmental damage shall be subject to the Each Occurrence or Each Pollution Incident Limit applicable to the policy for such first policy period. Section 3. SITE POLLUTION INCIDENT LIABILITY 1. Insuring Agreements Provided the pollution incident takes place in the coverage territory and commences on or after the retroactive date if applicable and before the end of the policy period we will pay those sums that the insured becomes legally obligated to pay as Coverage 3A On Site Clean Up Costs Clean up costs on at or under an insured location or non owned location provided i the pollution incident is both first discovered by a responsible executive and reported to us during the policy period or i a claim for clean up costs is first made against the insured and reported to us in writing during the policy period or the extended reporting period if applicable. Coverage 3B Off Site Clean Up Costs Clean up costs beyond the boundaries of an insured location or non owned location caused by a pollution incident migrating from an insured location or non owned location but only if a claim for clean up costs is first made against an insured and reported to us in writing during the policy period or the extended reporting period if applicable. Coverage 3C Site Bodily Injury and Property Damage Damages because of bodily injury or property damage resulting from a pollution incident on at under or migrating from an insured location or non owned location but only if a claim for damages because of such bodily injury or property damage is first made against the insured and reported to us in writing during the policy period or the extended reporting period if applicable. Exclusions The following exclusions apply to each Coverage in this Section 3. Coverages 3A through 3C do not apply to Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 13 of 34
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Contractual Liability Bodily injury property damage or clean up costs 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 that the insured would have in the absence of the contract or agreement. This exclusion does not apply to liability assumed in an insured contract. Employer Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured 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. Expected or Intended Bodily injury property damage or clean up costs expected or intended by a responsible executive. Identified Underground Storage Tanks A pollution incident arising out of an underground storage tank the existence of which is known as of the inception date by any responsible executive and which is located on an insured location unless such underground storage tank is scheduled on an Underground Storage Tank Endorsement attached to this Policy. This Exclusion does not apply to any underground storage tank which has been closed abandoned in place or removed in accordance with environmental law prior to the inception date. Installed Asbestos or Lead Clean up costs arising out of asbestos asbestos containing materials or lead based paint installed or applied in on or to any building or structure including any removal of such materials and disposal thereof. This Exclusion does not apply to 1 clean up costs that arise from inadvertent disturbance of such installed or applied asbestos or asbestos containing materials or lead based paint or 2 in the absence of inadvertent disturbance described in 1 above remediation of soil surface water or groundwater contamination. Intentional Non Compliance Bodily injury property damage or clean up costs arising out of a responsible executive s intentional noncompliance with environmental law. This Exclusion does not apply to the insured s action taken in good faith in reliance upon written advice of outside counsel received in advance of such non compliance or in response to an imminent and material threat to human health or the environment. Material Change In Use Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 14 of 34
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Bodily injury property damage or clean up costs arising out of a change in use of or operations at any insured location that is materially different from the use or operations at the inception date. Nuclear Material Loss based upon or arising out of the radioactive toxic or explosive properties of nuclear material and with respect to which the insured is 1 Required to maintain financial protection pursuant to the Atomic Energy Act of 1954 2 Entitled to indemnify from the United States of America or any agency thereof or 3 An insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of limits. Previously Reported Claim Loss arising out of the same related continuous or repeated pollution incident that was the subject of a claim reported under any policy of which this is a renewal or replacement or which it may succeed in time whether or not such prior policy affords coverage for such claim. Prior Knowledge Non Disclosure A pollution incident or imminent threat thereof known by a responsible executive prior to the inception date and not specifically disclosed in the application. Transportation A pollution incident caused by or during transportation. War Loss arising directly or indirectly out of 1 War including undeclared or civil war 2 War like action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Workers Compensation and Similar Laws Loss arising out of any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Your Product Property damage to your product arising out of it or any part of it. Section 4. PROFESSIONAL LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of a wrongful act committed in the coverage territory on or after any the retroactive date if applicable and before the end of the policy period in the rendering of or failure to render professional services. A claim arising out of such wrongful act must be first made against an insured and reported to us during the policy period or the extended reporting Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 15 of 34
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period if applicable. Exclusions Coverage 4 does not apply to any claim Bankruptcy Arising out of the bankruptcy or insolvency of an insured or of any other person firm or organization. Dishonest or Fraudulent Act Arising out of a dishonest fraudulent criminal or malicious act error or omission committed by or at the direction of a responsible executive. Disputed Fees Arising out of disputes over the insured s fees or charges or claims for the return of fees or charges. Failure to Comply Resulting from failure to comply with any applicable federal state local or provincial statute regulation ordinance order or instruction if such failure is a willful or deliberate act or omission of a responsible executive. Failure to Maintain Arising out of the insured s requiring obtaining maintaining advising or failing to require obtain maintain or advise of any bond suretyship or any form of insurance or self insurance. Fiduciary Liability of Non Named Insured Arising out of 1 Aninsured s acting as a partner officer director stockholder employer or employee of an entity that is not a Named Insured or 2 An insured s acting as a fiduciary under the Employee Retirement Income Security Act of 1974 and any amendments thereto or any regulation or order issued pursuant thereto or any other employee benefit plan. Fines Penalties and Assessments For any civil administrative or criminal fines or penalties. Insured Versus Insured Brought by or on behalf of any insured against any other insured. Internal Expenses For costs charges or expenses incurred by the insured for materials supplied or services performed by the insured unless such costs charges or expenses are incurred with our prior written consent in our discretion. Known Wrongful Act Arising out of a wrongful act known by a responsible executive prior to the inception date and reasonably foreseeable as giving rise to claim under this Policy. Nuclear Material Based upon or arising out of the radioactive toxic or explosive properties of nuclear material and with respect to Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 16 of 34
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which the insured is 1 Required to maintain financial protection pursuant to the Atomic Energy Act of 1954 2 Entitled to indemnify from the United States of America or any agency thereof or 3 An insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of limits. I Owned Facilities Arising out of any location or facility that is or was owned occupied operated by or rented or leased to you or any entity that i has any ownership interest or operates manages or otherwise controls you or i in which you have any ownership interest or which you operate manage or otherwise control. m. Personal and Advertising Injury Avrising out of personal and advertising injury. n. Previously Reported Claim Avrising out of the same wrongful act or related continuous or repeated wrongful acts that were the subject of a claim reported under any policy of which this is a renewal or replacement or which it may succeed in time whether or not such prior policy affords coverage for such claim. o. Warranties Arising out of express warranties or guarantees. This exclusion shall not apply if liability would have resulted in the absence of such express warranties and guarantees. p Your Product Arising out of your product. DEFENSE COVERAGES 3A3C AND 4 A. We have the right and duty to defend the insured against any suit seeking damages or clean up costs subject to coverage under Coverages 3A through 3C Site Pollution Incident Liability coverages and 4 Professional Liability. We have no duty to defend the insured against a suit to which those Coverages do not apply. Our duty to defend ends when the applicable Limit of Liability is exhausted by payment of loss. Legal expense incurred for defense of any suit shall erode the applicable Limit of Liability. We have the right but not the duty to investigate any pollution incident or wrongful act and settle any claim or suit that may result therefrom. B. Where the insured is legally entitled to select independent counsel to defend it the attorneys fees and expenses we will pay are limited to the rates that we normally pay to counsel selected by us to defend similar claims in the jurisdiction where the suit is being defended. We may require that such counsel meet certain minimum qualifications and maintain errors and omissions insurance. The insured may at any time by its written consent waive any right to select independent counsel. RELATED CLAIMS COVERAGES 3A3C AND 4 A. Under each of Coverages 3A through 3C Site Pollution Incident Liability coverages if a claim is first made against an insured and reported to us during this policy period or under Coverage 3A On Site Clean Up Costs a pollution incident is first discovered by a responsible executive and reported to us during this policy period then provided you have maintained Site Pollution Incident Liability coverage with us or our affiliate on a continuous uninterrupted basis 1. Coverages 3Aii 3B and 3C Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 17 of 34
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All claims first made against an insured and reported to us during a subsequent policy period that arise from the same related continuous or repeated pollution incidents that gave rise to a claim first made against an insured and reported to us during this policy period will be deemed to have been first made against the insured and reported to us during this policy period. All such claims will be subject to the applicable limits deductible terms and conditions of this policy. Coverage 3Ai All pollution incidents first discovered by a responsible executive and reported to us during a subsequent policy period that arise from the same related continuous or repeated pollution incident that was first discovered by a responsible executive and reported to us during this policy period will be deemed to have been first discovered by a responsible executive and reported to us during this policy period. All loss arising out of such pollution incidents will be subject to the applicable limits deductible terms and conditions of this policy. B. Under Coverage 4 Professional Liability if a claim is first made against an insured and reported to us during this policy period then provided you have maintained Professional Liability coverage with us or our affiliate on a continuous uninterrupted basis all claims first made against an insured and reported to us during a subsequent policy period that arise out of the same related continuous or repeated wrongful acts that gave rise to a claim first made against an insured and reported to us during this policy period will be deemed to have been first made against the insured and reported to us during this policy period. All such claims will be subject to the applicable limits deductible terms and conditions of this Policy. LIMITS OF LIABILITY AND DEDUCTIBLE Limits of Liability 1. The Limits of Liability shown in the Declarations and the rules below fix the most we will pay under this Policy regardless of the number of insureds claimants offenses claims suits occurrences crisis events pollution incidents or wrongful acts. General Aggregate Limit The General Aggregate Limit set forth in Item 7.a of the Declarations is the most we will pay for the sum of all loss under all Coverages of this Policy except for i Supplementary Payments under Coverages 1A 1D and Coverage 2A 2 G and ii damages because of bodily injury or property damage included under Coverage 1A CGL Bodily Injury and Property Damage in the products completed operations hazard. The General Aggre gate Limit applies separately to a. Damages covered under Coverage 2D Contractors Pollution arising out of your work at any one construc tion project and b. Damages covered under Coverages 1A CGL Bodily Injury and Property Damage 2A Hostile Fire Build ing Equipment and 2E Site Time Element Bodily Injury and Property Damage arising out of on going opera tions at any one location. Products Completed Operations Aggregate Limit The Products Completed Operations Aggregate Limit set forth in Item 7.b of the Declarations is the most we will pay under Coverage 1A CGL Bodily Injury and Property Damage for all damages because of bodily injury or property damage included in the products completed operations hazard. Each Occurrence Limit Subject to Paragraph 2 or 3 above whichever applies the Each Occurrence Limit set forth in Item 6 of the Declarations is the most we will pay for the sum of all damages under Coverage 1A CGL Bodily Injury and Property Damage and medical expenses under Coverage 1C Medical Payments because of all bodily injury and property damage arising out of any one occurrence or related continuous or repeated occurrences. Personal and Advertising Injury Limit Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 18 of 34
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Subject to Paragraph 2 above the Personal and Advertising Injury Limit set forth in Item 6 of the Declarations is the most we will pay under Coverage 1B Personal and Advertising Injury for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 6. Damage To Premises Rented To You Limit of Liability Subject to Paragraph 4 above the Damage To Premises Rented To You Limit of Liability set forth in Item 6 of the Declarations is the most we will pay under Coverage 1A CGL Bodily Injury and Property Damage for all damages because of property damage to any one premises while rented to you or in the case of damage by fire lightening or explosion while rented to you or temporarily occupied by you with permission of the owner. 7. Medical Expense Limit Subject to Paragraph 4 above the Medical Expense Limit of Liability set forth in Item 6 of the Declarations is the most we will pay under Coverage 1C Medical Payments for all medical expenses because of bodily injury sustained by any one person. 8. Employee Benefits Administration Limit Subject to Paragraph 2 above the Employee Benefits Administration Limit of Liability stated in Item 6 of the Declarations is the most we will pay under Coverage 1D Employee Benefits Administration Liability for all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries arising out of any one wrongful act or related continuous or repeated wrongful acts. However the amount paid under this Policy shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefits program. 9. Each Pollution Incident Limit Coverages 2A2F Subject to Paragraph 2 above the General Pollution Liability Each Pollution Incident Limit set forth in Item 6 of the Declarations is the most we will pay for all damages under Coverages 2A through 2F General Pollution Liability coverages because of all bodily injury property damage environmental damage and emergency response cost arising out of any one pollution incident or related continuous or repeated pollution incidents. 10. Crisis Cost Limit The most we will pay for all crisis cost covered under this Policy is the Crisis Cost Limit of Liability set forth in Item 6 of the Declarations. Crisis cost does not erode any other Limit of Liability set forth in Item 6 of the Declarations. 11. Each Pollution Incident Limit Coverages 3A3C Subject to Paragraph 2 above the Site Pollution Incident Each Pollution Incident Limit set forth in Item 6 of the Declarations is the most we will pay for all loss under Coverages 3A through 3C Site Pollution Incident Liability coverages arising out of any one pollution incident or related continuous or repeated pollution incidents. 12. Each Wrongful Act Limit Subject to Paragraph 2 above the Each Wrongful Act Limit set forth in Item 6 of the Declarations is the most we will pay for all loss under Coverage 4 Professional Liability arising out of any one wrongful act or related continuous or repeated wrongful acts. 13. Multiple Coverage Sections Subject to Paragraph 2 or 3 above whichever applies the highest applicable Each Occurrence Limit Each Pollution Incident Limit or Each Wrongful Act Limit set forth in Item 6. of the Declarations is the most we will pay for the sum of all loss under all Coverages arising out of Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 19 of 34
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i any one occurrence pollution incident or wrongful act i related continuous or repeated occurrences pollution incidents or wrongful acts or iii any combination of i and ii. The Limits of Liability apply to the entire policy period. Any extension of the policy period that occurs after the inception date shall be deemed part of the preceding period for the purposes of determining the applicable Limits of Liability.. Deductible The Limits of Liability apply in excess of the applicable Deductible amounts set forth in Item 6 of the Declarations. A separate Deductible will apply to i each occurrence pollution incident or wrongful act i related continuous or repeated occurrences pollution incidents or wrongful acts or iii any combination of i and ii. For Coverage 1B Personal and Advertising Injury the Deductible applies to all personal and advertising injury sustained by any one person or organization. For Coverages 3A through 3C Site Pollution Incident Liability coverages and 4 Professional Liability the Deductible includes legal expense. If the same related continuous or repeated occurrence pollution incident or wrongful act results in application of more than one Coverage only the highest applicable Deductible shall apply. We will have no duty to make any payment under this Policy until you pay the applicable Deductible. We may but are not obligated to advance amounts for loss within the Deductible. Upon our request you will promptly reimburse us for any amounts within the Deductible that we have advanced. WHO IS AN INSURED If you are designated in the Declarations as 1. Anindividual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 2. 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. 3. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 4. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. 5. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. With respect to all coverages other than Coverage 1D Employee Benefits Administration Liability each of the following is also an insured 1. Your volunteer workers but only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertising injury Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 20 of 34
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2. 3. 4. i 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 ii For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in ai above or iii Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician dentist nurse emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. b Property damage to property i Owned occupied or used by or ii Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. 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 policy. C. Any subsidiary associated affiliated or allied company or corporation including subsidiaries thereof of which you have more than 50 ownership interest as of the inception date is a Named Insured. D. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage under this Policy does not apply to any bodily injury property damage offense environmental damage wrongful act or crisis event that occurred before you acquired or formed the organization. E. Solely with respect to Coverage 1D Employee Benefits Administration Liability each of the following is also an insured 1. Each of your employees who is or was authorized to administer your employee benefits program. 2. Any persons organizations or employees having proper temporary authorization to administer your employee benefits program if you die but only until your legal representative is appointed. 3. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties as such. That representative will have all your rights and duties under this Policy. F. Any person or organization with whom you agree to include as an insured pursuant to an insured contract is an insured but i only with respect to bodily injury property damage environmental damage or personal and Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 21 of 34
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advertising injury arising out of your operations your work equipment or premises leased or rented by you or your products which are distributed or sold in the regular course of a vendor s business and i only for the lesser of the applicable limits of liability set forth in II. of the Policy or the minimum limits of liability required by the insured contract however 1. 2. A vendor is not an insured as respects bodily injury property damage environmental damage emergency response cost crisis cost or personal and advertising injury a For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement b Arising out of any express warranty unauthorized by you c Arising out of any physical or chemical change in the product made intentionally by the vendor d Arising out of repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from you and then repackaged in the original container e Arising out of any failure to make inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products f Arising out of demonstration installation servicing or repair operations except such operations performed at the vendor s location in connection with the sale of the product or g Arising out of products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor. A manager or lessor of premises a lessor of leased equipment or a mortgagee assignee or receiver is not an insured as respects bodily injury property damage environmental damage emergency response cost crisis cost or personal and advertising injury a Arising out of any occurrence offense or pollution incident that takes place after the equipment lease expires or you cease to be a tenant or b Arising out of structural alterations new construction or demolition operations performed by or on behalf of the manager or lessor of premises or mortgagee assignee or receiver. G. Any person or organization that has at least a 50 controlling interest in you is an insured but only with respect to bodily injury property damage environmental damage or personal and advertising injury arising out of their financial control of you. 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. IV. RIGHTS AND DUTIES OF THE INSURER AND THE INSURED A. Your Duties in the Event of an Occurrence Offense Pollution Incident or Wrongful Act You must notify us as soon as practicable of any occurrence offense pollution incident or wrongful act whether or not you have received a claim or suit. To the extent possible such notice should include 1. 2. 3. How when and where the occurrence offense pollution incident or wrongful act took place The names and addresses of any injured persons and witnesses and The nature and location of any injury or damage arising out of the occurrence offense pollution incident or wrongful act. Notice of an occurrence offense pollution incident or wrongful act is not notice of a claim. Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 22 of 34
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Knowledge of an occurrence offense pollution incident or wrongful act by any of your agents servants or em ployees or any other person shall not it itself constitute knowledge by you unless a responsible executive or a manager or equivalent level employee in your Risk Management Insurance or Law Department possesses such knowledge. If you mistakenly notify another insurer rather than us of an occurrence offense pollution incident or wrongful act such mistaken failure to notify us shall not invalidate coverage so long as you notify us of the occurrence offense pollution incident or wrongful act within a reasonable time after you become aware of such error. B. Your Duties in the Event of a Claim or Suit If a claim is made or suit is brought against any insured you must 1. Immediately record the specifics of the claim or suit and the date received 2. Notify us as soon as practicable 3. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 4. Authorize us to obtain records and other information 5. Cooperate with us in the investigation or settiement of the claim or defense against the suit and 6. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this policy may also apply. C. Rights and Duties With Respect to Pollution Incidents 1. In the event the insured becomes aware of a pollution incident or imminent threat thereof the insured must a. Promptly report the pollution incident or imminent threat thereof to us and to the appropriate governmental authority as required by environmental law b. Mitigate and clean up any pollution incident or imminent threat thereof to the extent required by environmental law by retaining an environmental professional c. Provide us with proposed work plans bids contracts agreements or any similar document concerning work to result in clean up cost except for emergency response cost which proposals shall be subject to our right to prior approval and d. Provide us at reasonable intervals and always at least 30 days prior to submission of any progress report to any regulatory agency written progress reports concerning the work resulting in clean up cost. 2. We shall have the right but not the duty to mitigate and clean up including assuming direct control of any mitigation or clean up any pollution incident that may be covered under this Policy or any imminent threat that may result in a pollution incident that may be covered under this Policy. In the event that we assert a right to mitigate or clean up then any amounts we spend to mitigate or clean up shall erode the applicable Limits of Liability and the insured will reimburse us for any portion of any applicable Deductible advanced while taking such action. D. Insured s Duties in the Event of Emergency Response Costs When emergency response costs have been incurred the insured shall forward to us as soon as practicable all information related to such emergency response costs including the cause commencement and location of the pollution incident technical reports laboratory data field notes expert reports investigations data collected invoices and correspondence with regulatory authorities. E. Insured s Right to Give Notice of Possible Claim Under Coverages 3A3C Site Pollution Incident Liability A Specialty Col 2012 ASPER108 0313 Spen Specially Insurance Lompany. Page 23 of 34 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 23 of 34
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If during the policy period the insured becomes aware of a pollution incident that commenced on or after any applicable retroactive date and before the end of the policy period and which may reasonably be expected to give rise to a claim against the insured the insured may give us written notice during the policy period of such pollution incident and the reasons for believing that a claim may arise. Such notice must include the following to the extent possible 1. The circumstances under which the insured first became aware of the pollution incident 2. The nature location and date of commencement of the pollution incident and 3. The identity of anticipated or potential claimants 4. The bodily injury property damage or clean up cost that has resulted or may result from the pollution incident 5. All available engineering information relating to the pollution incident and 6. Any other information that we deem reasonably necessary. In the event the insured provides such notice all claims otherwise covered under Coverages 3A through 3C Site Pollution Incident Liability coverages that arise out of such pollution incident and are first made against an insured and reported to us within 5 years after the end of the policy period shall be deemed to have been first made against an insured and reported to us during the policy period. V. EXTENDED REPORTING PERIOD This Section applies solely to purchased Coverages under Coverages 3 Site Pollution Incident Liability and 4 Professional Liability. If the Policy was not terminated due to non payment of premium or fraud or misrepresentation in the application for this Policy and the first Named Insured has not purchased any other insurance to replace this insurance we will provide an Automatic Extended Reporting Period as described in Paragraph A. below or if the first Named Insured purchases it an Optional Extended Reporting Period as described in Paragraph B. below. A. Automatic Extended Reporting Period The Automatic Extended Reporting Period is 90 days following the end of the policy period. A claim first made against the insured and reported to us during the Automatic Extended Reporting Period will be deemed to have been first made against the insured and reported to us on the last day of the policy period provided the pollution incident or wrongful act commenced on or after any applicable retroactive date and before the end of the policy period. The Automatic Extended Reporting Period shall not apply if the Optional Extended Reporting Period is purchased pursuant to Paragraph B. below. B. Optional Extended Reporting Period The first Named Insured is entitled to purchase an Optional Extended Reporting Period Endorsement upon providing written notice to us within the first 30 days following the end of the policy period of the first Named Insured s election to purchase the Endorsement. The Optional Extended Reporting Period shall be effective for up to 48 months at a rate of not more than 200 of the premium set forth in Item 4.c of the Declarations. The Optional Extended Reporting Period Endorsement shall not become effective unless the first Named Insured pays the additional premium when due which will be fully earned upon payment. Once the first Named Insured pays the additional premium when due the Optional Extended Reporting period may not be cancelled. A claim first made against the insured and reported to us during the Optional Extended Reporting Period will be deemed to have been first made against the insured and reported to us on the last day of the policy period provided the pollution incident or wrongful act commenced on or after any applicable retroactive date and before the end of the policy period. C. The provision of an Extended Reporting Period does not increase or reinstate any aggregate limit under this Policy. Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 24 of 34
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VI CONDITIONS. Assignment Assignment of this Policy or any of the insured s rights or duties hereunder shall not bind us unless our written consent is endorsed hereto.. Bankruptcy Bankruptcy or insolvency of the insured or the insured s estate will not relieve us of our obligations under this Policy.. Cancellation 1. The first Named Insured may cancel this Policy by mailing or delivering to us advance written notice of cancellation stating when cancellation is to be effective. If the first Named Insured cancels any unearned premium will be paid to the first Named Insured calculated on the customary short rate basis. 2. We may cancel this Policy by mailing or delivering to the first Named Insured at the address stated in Item 8.a of the Declarations written notice of cancellation at least a. 15days before the effective date of cancellation if we cancel for non payment of premium or fraud or misrep resentation in the application for this Policy b. 90 days before the effective date of cancellation if we cancel for non payment of the applicable Deductible. If we cancel any premium refund will be calculated on a pro rata basis. 3. Any written notice of cancellation provided under Paragraphs 1 or 2 shall state the effective date of cancellation and the policy period will end on such date. Proof of mailing shall be sufficient proof of notice of cancellation. 4. We will tender any premium refund due upon cancellation to the first Named Insured as soon as practicable after cancellation is effective but tender of such premium refund is not a condition of cancellation.. Changes This Policy contains all the agreements between us and you concerning the insurance afforded under this Policy. This Policy s terms can not be changed amended or waived except by an endorsement issued by us and made a part of this Policy. Cooperation The insured shall cooperate with us and provide such reasonable assistance and cooperation to us in the investigation and defense of claims and suits as we may require. At our request the insured shall submit to examination under oath attend depositions hearing and trials and assist in effecting settlements and providing evidence and the attendance of witnesses. Economic and Trade Sanctions Any term or condition of this Policy in violation of any United States of America economic or trade sanctions including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control shall be and void.. Headings The descriptions in the headings of this Policy are solely for convenience and form no part of the terms and conditions of coverage.. Legal Action Against Insurer No person or organization shall have the right under this Policy to join us as a party or otherwise bring us into a suit Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 25 of 34
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seeking damages from an insured or to bring any action against us in connection with this Policy unless as a condition precedent thereto all terms of this Policy have been fully complied with. Notices All notices to you required under this Policy shall be in writing and mailed or delivered to the address stated in Item 8.a of the Declarations. All notices to us shall be in writing and mailed or delivered to the address stated in i Item 8.b of the Declarations for notices required or permitted under Section IV. of the Policy or ii Item 8.c for all other notices. Proof of mailing any notice required under this Policy to such address will be sufficient proof of notice under this Policy. Other Insurance If other valid and collectible insurance is available for any loss subject to coverage under this Policy our obligations are limited as follows 1. Primary Insurance Except as provided in paragraph 2. below this insurance is primary. When this insurance is primary our obligations are not affected unless any of the other insurance is also primary in which case we will share with all other primary insurance by the method described in paragraph 3. below. However in the event that an insured contract requires this insurance to be primary for any person or organization whom you agreed to insure and provided such person or organization is an insured under this Policy this insurance will be primary and we will not seek contribution from any other insurance issued to such person or organization. 2. Excess Insurance This insurance is excess over a. Any other insurance whether primary excess contingent or on any other basis that is i Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv insurance applicable to loss arising out of the maintenance or use of aircraft autos or watercraft. b. Any other primary insurance available to you covering liability for damages arising out of premises operations or the products and completed operations hazard for which you have been added as an additional insured. c. Any project specific primary insurance available to you covering liability for damages arising out of your work for which you are an insured. When this insurance is excess we will have no duty 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 has a duty to defend we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of loss if any that exceeds the sum of the a total amount that all such other insurance would pay for the loss in the absence of this insurance and b total of all deductible retained and self insured amounts under all that other insurance. Then we will share the remaining loss if any with any other insurance that is not described in this VI.J.2. and was not bought specifically to apply in excess of the applicable Limits of Liability of this Policy. 3. Method of Sharing If all of the other insurance permits contribution by equal shares we also will follow such method. Under this method each insurer contributes equal amounts until it has paid its limit of liability or no loss remains whichever comes first or If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 26 of 34
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method each insurer s share is based on the ratio of its limit of liability to the total limits of insurance of all insurers.. Representations By acceptance of this Policy you agree that the application is material to the underwriting of this Policy and that we issued this Policy in reliance upon such representation. Separation of Insureds Except with respect to the Limits of Liability the Insured Versus Insured exclusion and any rights or duties specifically assigned in this Policy to the first Named Insured this Policy applies as if each insured were the only insured and applies separately to each insured against whom a claim is made or suit is brought.. Service of Suit In the event of our failure to pay any amount claimed to be due hereunder we at the request of the insured will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes a waiver of the our right to commence an action in any court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon counsel at the notice address provided in Item 8.c of the Declarations. Further pursuant to any statute of any state territory or district of the United States which makes provision therefore we hereby designate the Superintendent Commissioner Director of Insurance or other officer specified for that purpose in the statute or his or her successors in office as its true and lawful agent upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of an insured arising out of this Policy.. Sole Agent The first Named Insured shall act on behalf of all insureds for the payment or return of premium and Deductibles negotiation receipt and acceptance of any endorsement issued by us and made part of this Policy giving or receiving notice of cancellation and exercising the right to an extended reported period.. Subrogation If the insured has rights to recover all or part of any payment we have made under this Policy those rights are transferred to us and the insured shall not do anything to impair such rights. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Any amounts so recovered by us shall be allocated first to the expenses incurred in such recovery prorated in accordance with each interested party s share in the total recovery then to the insured to the extent of any Deductible it actually has paid and any payments it actually has made in excess of the applicable Limits of Liability and last to us to the extent of our payment under this Policy. However if the insured has waived rights of recovery against any person or organization in a written contract or agreement prior to a loss we also waive such right of recovery we may have under this Policy against such person or organization.. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this Policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of his or her duties as your legal representative. Until that legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property.. Voluntary Payments No insured will except at that insured s own cost admit liability or voluntarily make a payment assume any obligation make any settlement or incur any expense other than emergency response cost or crisis cost without our prior written consent. Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 27 of 34
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VII. DEFINITIONS A. Administration means i providing information to employees including their dependents and beneficiaries with respect to eligibility for or the scope of employee benefits programs ii handling records in connection with the employee benefits program or iii effecting continuing or terminating any employee s participation in any benefit included in the employee benefits program. Administration does not include handling payroll deductions. B.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 i published notices include material placed on the Internet or on similar electronic means of communication and ii only that part of a website that pertains to your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. C. Application means all applications including any attachments and other materials provided therewith or incorporated or referenced therein submitted by or on behalf of the insured in connection with the underwriting of this Policy or for any other policy of which this Policy is a renewal replacement or which it succeeds in time. All applications attachments and other materials are deemed attached to this Policy. D. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Auto does not include mobile equipment. E. Biological agent means any microorganism including bacteria viruses rickettsia or protozoa or infectious substance or naturally occurring bioengineered or synthesized component of any such microorganism or infectious substance capable of causing i death disease or other biological malfunction in a human an animal a plant or another living organism ii degradation of food water equipment supplies or other material of any kind or iii deleterious alteration of the environment. F. Bodily injury means physical injury sickness mental anguish shock or emotional distress or disease sustained by a person including death resulting therefrom. Bodily injury also includes medical monitoring cost when accompanied by physical injury. G. Claim means a written demand seeking a remedy and alleging liability or responsibility on the part of the insured. H. Clean up cost means reasonable and necessary expense incurred with our written consent including legal expense and restoration cost to investigate abate contain treat remove remediate monitor neutralize or dispose of contaminated air soil surface water or groundwater or other contamination caused by a pollution incident but only i to the extent required by environmental law or in the absence of applicable environmental law as determined to be reasonable and necessary by an environmental professional i if required to satisfy a voluntary clean up program or iii if incurred by any governmental entity of the United States of America including its territories and possessions Puerto Rico Canada or by a third party. I. Conveyance means an auto railcar train watercraft or aircraft but does not include pipelines. J. Coverage territory means anywhere in the world including international waters or airspace provided that for loss other than that arising out of your product your work transportation or any non owned location the insured s re sponsibility to pay loss is determined in a suit on the merits in the United States its territories or possessions Puerto Rico or Canada or is otherwise agreed to by us. In no event shall this insurance be used as evidence of financial assurance in any jurisdiction outside the United States of America. K. Crisis cost means reasonable and necessary fees and expenses incurred by a firm listed in any Schedule of Crisis Management Firms attached to this Policy or by any other firm selected by the insured with our prior written consent within the first 21 days following the crisis event for services in advising you on minimizing potential harm from a covered crisis event by maintaining and restoring public confidence in you. Crisis cost includes amounts for reasonable and necessary printing advertising mailing of materials or travel by your directors officers employees or agents at the direction of a Crisis Management Firm. Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 28 of 34
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Crisis event means a pollution incident that in the good faith judgment of an executive officer results or in the absence of action to restore public confidence in you is likely to result in significant adverse media coverage.. Emergency response cost means reasonable and necessary costs charges or expenses including legal expense and restoration cost to investigate remove dispose of abate contain treat neutralize monitor or test soil surface water groundwater or other contaminated media provided such costs charges or expenses are incurred within 168 hours after commencement of a pollution incident that poses an imminent and significant threat to human health or the environment.. Employee includes a leased worker. Employee does not include a temporary worker. Solely with respect to Coverage 1D Employee Benefits Administration Liability employee also means a person actively or formerly employed on leave of absence disabled or retired.. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a plan authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars or otherwise 1. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements 2. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits 3. Unemployment insurance social security benefits workers compensation and disability benefits and 4. Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies. Environmental damage means physical damage to soil the atmosphere any watercourse or body of water including groundwater or plant or animal life caused by any pollution incident and giving rise to clean up cost. Environmental damage does not include property damage.. Environmental law means any federal state provincial municipal or other local law statute ordinance rule guidance document regulation administrative order or directive including any voluntary clean up program or risk based corrective action guidance that is applicable to a pollution incident.. Environmental professional means a person qualified to address the remediation of the subject pollution incident and whom we approve in advance in writing in our sole discretion after consultation with the insured. Executive officer means a person holding any of the officer positions created by the insured in its charter constitution by laws or any other similar governing document. Green up grade cost means reasonable cost to replace damaged material with environmentally superior material serving the same purpose and function as certified by an independent qualified certifying body. If such certification is not available such costs for such environmentally superior material must be approved in advance in writing by us in our sole discretion. U. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because i it incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or i you have failed to fulfill the terms of a contract or agreement If such property can be restored to use or rendered useful by the repair replacement adjustment or removal of your Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 29 of 34
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product or your work or your fulfilling the terms such contract or agreement. W. Inception date means the date set forth in Item 3a of the Declarations. AA. BB. cc. DD. EE. FF. Insured contract means that part of any contract or agreement pertaining to your business including an indemnifica tion of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or environmental damage to a third person or organiza tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. However insured contract does not include that part of any contract or agreement that indemnifies an architect en gineer or surveyor for injury or damage arising out of a preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications or b giving directions or instructions or failing to give them if that is the primary cause of the injury or damage. Insured location means real property that as of the inception date is owned managed by or leased or rented to the insured and is listed on the Schedule of Insured Locations attached to this Policy. Legal expense means reasonable and necessary fees charged by legal counsel designated by us or with our prior written consent by you and other reasonable and necessary fees costs and expenses resulting from the investigation adjustment defense settlement or appeal of any claim or suit if incurred by us or by the insured with our prior written consent. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property i after it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto ii while it is in or on an aircraft watercraft or auto or jii while it is being moved from an aircraft watercraft or auto to the place where it is finally delivered. Loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Loss means 1. Damages because of bodily injury property damage personal and advertising injury environmental damage or a wrongful act including where insurable under applicable law punitive exemplary or multiple damages and civil fines penalties or assessments 2. Clean up cost 3. Medical expenses under Coverage 1C Medical Payments 4. Crisis cost 5. Emergency response cost and 6. Legal expense under Coverages 3A 3C Site Pollution Incident Liability coverages and 4 Professional Liability. Microbial matter means fungi mold yeast bacteria or viruses including any spores mycotoxins or by products produced or released therefrom whether or not such matter is living. Misdelivery means the delivery of any liquid product into any receptacle or to an address other than the correct receptacle or the correct address or the mistaken delivery of one liquid product for another. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 30 of 34
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GG. HH. 2. Vehicles maintained for use solely on or next to premises you own or rent 3. Vehicles that travel on crawler treads 4. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a Power cranes shovels loaders diggers or drills or b Road construction or resurfacing equipment such as graders scrapers or rollers 5. Vehicles not described in Paragraphs 1 4 above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b Cherry pickers and similar devices used to raise or lower workers 6. Vehicles not described in Paragraphs 1 4 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 are autos a Equipment designed primarily for i Snow removal i Road maintenance but not construction or resurfacing or iii Street cleaning b Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Natural resource damage means physical injury to or destruction of including the resulting loss of value of land fish wildlife biota air water groundwater drinking water supplies and other such resources belonging to managed by held in trust by appertaining to or otherwise controlled by the United States including the resources of the fishery conservation zone established by the Magnuson Stevens Fishery Conservation and Management Act 16 U.S.C. 1801 et seq. any state local or provincial government any foreign government any Native American tribe or if such resources are subject to a trust restriction on alienation any member of a Native American tribe. Non owned location means premises that the insured never owned occupied managed operated leased or rented. However non owned location does not include premises that at the time of consignment for delivery or delivery of waste from your work i Was not licensed by the appropriate federal state or local authority for storage treatment disposal or process ing of such waste or i Was listed on the federal National Priorities List or any state analogue thereof or has been subject to a consent order or corrective action under environmental law. Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 31 of 34
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JJ. KK. LL. NN. 00. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses i false arrest detention or imprisonment ii malicious prosecution iii wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor iv oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services v oral or written publication in any manner of material that violates a person s right of privacy vi use of another s advertising idea in your advertisement or vii infringing upon another s copyright trade dress or slogan in your advertisement. Policy period means the period of time set forth in Items 3.a b of the Declarations except if this Policy is cancelled or otherwise terminated then the expiration date shall become the effective date of such cancellation or termination. Pollutant means any solid liquid gaseous or thermal irritant or contaminant including smoke vapors soot silt sediment fumes acids alkalis chemicals hazardous substances petroleum hydrocarbons low level radioactive matter or waste microbial matter including legionella pneumophila medical infectious or pathological waste or waste materials electromagnetic fields or biological agent. Pollution incident means the discharge emission seepage migration dispersal release or escape of any pollutant into or upon land or any structure on land the atmosphere or any watercourse or body of water including groundwater provided such pollutant is not naturally present in the environment in the concentration or amounts discovered. Products completed operations hazard 1. 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 a. Products that are still in your physical possession or b. Your work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times i when all of your work called for in your contract has been completed i when all of the work to be done at the job site has been completed if your contract calls for your work at more than one job site or iii when that part of your work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. 2. Does not include bodily injury or property damage arising out of a. Transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or b. The existence of tools uninstalled equipment or abandoned or unused materials. Professional services means services the insured performs for a third party for a fee but only in the capacity as an architect engineer landscape architect land surveyor or planner construction manager LEED accredited professional interior designer space planner or as otherwise specifically in a Professional Service Endorsement attached to and made part of this Policy. Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 32 of 34
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PP. Qa. RR. SS. TT. uu. V. XX. YY. zz. Property damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it 2. 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 or pollution incident as the case may be that caused it and 3. Solely with respect to Coverages 2A through 2 G General Pollution Liability coverages and Coverages 3A through 3C Site Pollution Incident Liability coverages natural resource damage. Property damage does not include environmental damage or clean up costs. 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 systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Responsible executive means any manager or supervisor responsible for environmental matters control or compliance or any of your officers directors or partners. Restoration cost means reasonable and necessary expense incurred by the insured with our prior written consent to restore repair or replace physically damaged real or personal property when such damage occurs during the course of incurring covered clean up cost or emergency response cost regardless of whether such damage to such real or personal property is directly caused by a pollution incident. Restoration cost shall not exceed the replacement cost of such real or personal property. Except for green up grade cost cost of restoration repair or replacement in kind or quality exceeding that of the real or personal property before it was damaged is not included in restoration cost. Retroactive date means the applicable date stated in Item 3.c of the Declarations. Suit means a civil proceeding in which damages to which this Policy applies are alleged. Suit includes an arbitration proceeding or any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent. 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. Transportation means the movement by the insured or by a third party carrier on behalf of the insured properly licensed to conduct such movement of goods product merchandise supplies or waste by any conveyance i in connection with your work or i to or from an insured location. Transportation includes loading or unloading of such goods products merchandise supplies or waste into onto or from any conveyance.. Underground storage tank means any one tank or combination of tanks including underground pipes attached thereto that has at least 10 of its volume below ground level if outdoors or below the ground floor level if indoors. Underground storage tank does not include septic tanks sump pumps oil water separators storm water or wastewater collection systems. Voluntary clean up program means a program of the United States or any state enacted pursuant to environmental law that requires governmental written approval to conduct voluntary corrective action to address a pollution incident. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Waste means all materials to be disposed recycled reconditioned or reclaimed. AAA. Wrongful act means an act error or omission. Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 33 of 34
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BBB. Your product 1. Means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by i You i Others trading under your name or iii A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 3. Does not include vending machines or other property rented to or located for the use of others but not sold. CCC. Your work 1. Means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warning or instructions. Aspen Specialty Insurance Company 2012 Includes copyrighted material of ISO Properties Inc. used with permission ASPER108 0313 Page 34 of 34
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY ENVIRONMENTAL FOLLOW FORM COVERAGE POLICY CONTRACTORS POLLUTION LEGAL LIABILITY ENVIRONMENTAL IMPAIRMENT POLLUTION LEGAL LIABILITY ENVIRONMENTAL LEGAL LIABILITY POLICY CONTRACTORS POLLUTION POLICY OCCURRENCE INCURRED CONTRACTORS PROFESSIONAL PROTECTIVE POLLUTION POLICY COMMERCIAL GENERAL LIABILITY ENVIRONMENTAL EXPOSURE POLICY A. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. 2015 Aspen Insurance U.S. Services Inc. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. ASPER102 0115 Page 1 of 1
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ASPEN SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR BIOLOGICAL CHEMICAL OR RADIOLOGICAL TERRORISM EXCLUSION This endorsement modifies insurance provided under this Policy. TO THE EXTENT ANY PROVISION OF THIS ENDORSEMENT CONFLICTS WITH ANY PROVISION OF THE POLICY OR ANY OF ITS OTHER ENDORSEMENTS THE PROVISIONS OF THIS ENDORSEMENT WILL SUPERSEDE. In consideration of the premium charged it is agreed that 1. Notwithstanding anything to the contrary contained within the Policy the following exclusion is added to the Policy Nuclear Biological Chemical Or Radiological Terrorism No coverage will be available under this insurance for any loss cost damage expense injury claim or suit caused by arising out of or resulting directly or indirectly in whole or in part from any act of Nuclear Biological Chemical Or Radiological Terrorism regardless of any other cause or event that contributes concurrently or in any other sequence to the act of Nuclear Biological Chemical Or Radiological Terrorism. 2. For the purpose of this Endorsement the following Definitions are added to the Policy Biological Agent means any pathogenic disease producing micro organisms andor biological produced toxins including genetically modified organisms and chemically synthesized toxins which caused illness damage injury or death in humans animals or plants. Chemical Agent means any compound which when disseminated produces incapacitating illness or damaging andor lethal effects on people animals plants or property. Nuclear Biological Chemical Or Radiological Terrorism means the a. Dispersal application or release of radioactive material b. Use of any nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or c. Emission discharge dispersal release or escape of any solid liquid or gaseous biological agent andor chemical agent by any person or groups of persons whether acting alone or on behalf of or in connection with any organizations or governments committed for political religious ideological purposes or reasons including the intention to influence any government andor to put the public or any section of the public in fear. ALL OTHER TERMS CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. ASPC0023 1016 Page 1 of 1 2016 Aspen Insurance U.S. Services Inc. All rights reserved.
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POLICY NUMBER ERAGMVT17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OIL AND GAS PLUG AND ABANDONMENT AND CLOSURE COST ENDORSEMENT This endorsement modifies insurance provided under the following POLICY NUMBER ERAGMVT17 It is hereby agreed that the Policy is amended as follows The following is added to I. COVERAGES Section 3. SITE POLLUTION INCIDENT LIABILITY 2. Exclusions Plug and Abandonment Cost or expenses for the plugging or abandonment of any oil or gas wells. This exclusion applies whether such plugging or abandonment is the result of a government mandate or is voluntary. All other terms and conditions of this Policy remain unchanged. ASPER117GL0115A. Oil Gas Well Plug and Abandonment Exclusion Page 1 of 1
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POLICY NUMBER ERAGMVT17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SEISMIC EVENT EXCLUSION This endorsement modifies insurance provided under the following POLICY NUMBER ERAGMVT17 This policy is amended as follows CLAUSE IV. EXCLUSIONS is amended to include the following additional exclusion Seismic Activity Any bodily injury property damage personal injury environmental damage emergency response costs clean up costs loss claim damages or expense arising from earthquake seismic activity ground movement or subsidence. All other terms and conditions remain unchanged. ASPER117GL0716A. Seismic Exclusion Page 1 of 1
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POLICY NUMBER ERAGMVT17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PUNITIVE DAMAGES FINES AND PENALTIES EXCLUSION ENDORSEMENT Coverage 3. SITE POLLUTION INCIDENT LIABILITY This endorsement modifies insurance provided under the following POLICY NUMBER ERAGMVT17 It is hereby agreed that the following exclusion is added to I. COVERAGES Section 3. SITE POLLUTION INCIDENT LIABILITY 2. Exclusions Punitive Damages Fines and Penalties Punitive exemplary or the multiplied portion of multiple damages or any civil or administrative fines penalties or assessments except where such damages fines penalties or assessments are insurable by applicable law. All other terms and conditions of this Policy remain unchanged. ASPER117GL0117A. Punitive Damages Fines and Penalties Exclusion Endorsement Page 1 of 1
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POLICY NUMBER ERAGMVT17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CLOSURE POST CLOSURE RECLAMATION AND PLUG AND ABANDONMENT EXCLUSION This endorsement modifies insurance provided under the following POLICY NUMBER ERAGMVT17 It is hereby agreed that the following is Exclusion is applicable to all coverage under this Policy Closure Post Closure and Reclamation Costs Loss costs and expenses arising out of any closure post closure reclamation or plug and abandonment activities including but not limited to associated testing and monitoring regardless of whether such activities are required by law or regulation or are voluntary. All other terms and conditions of this Policy remain unchanged. ASPER117GL0817A. Closure Post Closure Reclamation And Plug And Abandoment Exclusion Page1 of 1
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM EARNED PREMIUM ENDORSEMENT It is hereby agreed that VI. CONDITIONS paragraph C. Cancellation sub paragraphs 1 and 2 are deleted in their entirety and replaced with the following 1. The first Named Insured shown in the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation stating when cancellation is to be effective. If the first Named Insured cancels any premium refund will be calculated on a short rate basis after applying the minimum earned premium scheduled below. We may cancel this Policy by mailing or delivering to the first Named Insured at the address stated in Item 8.a of the Declarations written notice of cancellation at least a. 15 days before the effective date of cancellation if we cancel for non payment of premium or fraud or misrepresentation in the application for this Policy b. 90 days before the effective date of cancellation if we cancel for non payment of the applicable Deductible. If we cancel any premium refund will be calculated on a pro rata basis after applying the minimum earned premium scheduled below. Proof of mailing of notice shall be sufficient proof of notice of cancellation. Scheduled Minimum Earned Premium 25 of the total premium set forth in the Declarations shall be earned as of the inception date. All other terms and conditions of this Policy remain unchanged. Page 1 of 1 ASPER197 1012
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF INSURED LOCATIONS It is hereby agreed that solely with respect to the purchased coverages under I COVERAGES Section 3. Site Pollution Incident Liability the following locations are scheduled as insured locations Schedule of Insured Locations 5320 W. Keowee Road Kremlin OK 73753 Retroactive Date 05012014 All other terms and conditions of this Policy remain unchanged. ASPER233 0313 Page 1 of1
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ON SITE CLEAN UP LIMITED TO ABOVEGROUND STORAGE TANKS It is hereby agreed that the Policy is amended as follows 1. I Section 3. SITE POLLUTION INCIDENT LIABILITY paragraph 1. Insuring Agreement Coverage 3A On Site Clean Up Costs is deleted in its entirety and replaced with the following Coverage 3A On Site Clean Up Costs Clean up costs on at or under an insured location or non owned location resulting from an aboveground storage tank provided i the pollution incident is both first discovered by a responsible executive and reported to us during the policy period or i a claim for clean up costs is first made against the insured and reported to us in writing during the policy period or the extended reporting period if applicable. 2. The following is added to VII. DEFINITIONS Aboveground storage tank means a stationary structure that a is designed to contain an accumulation of hazardous waste or other waste product or any product b is constructed primarily of non earthen materials including wood concrete steel or plastic and c has its entire surface area completely above the plane of the adjacent surrounding surface and can be visually inspected. All other terms and conditions of this Policy remain unchanged. ASPER239 0313 Page 1 of 1
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ASPEN ASPEN ENVIRONMENTAL EMERGENCY RESPONSE HOTLINE 247 SERVICE 877 337 9936 PRESS 1 EERaspeninsurance.com Environmental emergency response service through our hotline is a value added service designed to assist Aspen Insureds with access to emergency response vendors for environmental related emergency regardless of whether the emergency is covered under any Aspen Policy. As an Aspen Insured in the event of an environmental emergency this hotline gives you access through Hydro Environmental Technologies Inc. HETI to a nationwide network of contractors at pre negotiated rates with no added fees or registration costs to you. Use of our hotline or HETI to perform or arrange any services or use of any services arranged through our hotline or HETI does not imply that your emergency or any incident is covered under any Aspen Policy or that your notice requirement under your Aspen Policy for filling a claim or requesting coverage is satisfied. Please refer to your Aspen Policy for coverage information and for required notifications procedures. Coverage and timely notice depends on the actual facts of each incident and each individual Aspen Policy in accordance with terms of your Aspen Policy. Services accessed through our hotline will be provided by non Aspen third parties after retention of such third parties by you. Page 1 of 1 ASPER431.1214 2017 Aspen Insurance U.S. Services Inc. All rights reserved.
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POLICY NUMBER ERAGMVT17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RIGHT OF ACCESS AND INSPECTION CONDITION ENDORSEMENT It is hereby agreed as follows 1. That the following is added to VI. CONDITIONS Right of Access and Inspection We and our representatives shall have the right and opportunity but not the obligation to interview the insured s employees and to inspect at any reasonable time during the policy period or thereafter an insured location or any other location or facility. We and our representatives shall not assume any responsibility or duty to the insured or to any other party person or entity by reason of such right or inspection. Our right to make inspection the actual undertaking thereof or any report thereon shall not constitute an undertaking on behalf of the insured or others to determine or warrant that the property or operations are safe healthful or conform to acceptable engineering practices or are in compliance with any law rule or regulation. You agree to provide appropriate personnel to assist us or our representatives during any inspection. Solely with respect to the condition added to the Policy in Paragraph 1. of this endorsement VI. CONDITIONS Paragraph C. Cancellation subparagraph 2. is deleted in its entirety and replaced with the following 2. We may cancel this Policy by mailing or delivering to the first Named Insured at the address stated in Item 8.a of the Declarations written notice of cancellation at least a. 15 days before the effective date of cancellation if we cancel for non payment of premium or fraud or misrepresentation in the application for this Policy b. 90 days before the effective date of cancellation if we cancel for your failure to comply with material terms conditions or contractual obligations under the Policy or non payment of the applicable Deductible. If we cancel any premium refund will be calculated on a pro rata basis. All other terms and conditions of this Policy remain unchanged. ASPER440 0915 Page 1 of 1
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