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HomeMy WebLinkAboutECHDA14-002 Truck Insurance ExchangeuNim This section is for policy: 60550-91-91 Assembled -on Date: 01/10/14 Assembled -on Time: 00:49:47 Full Policy Number: 6055091910000 Transaction Number: 001 Operator id: A4560 TRANSACTION: NEW -BUSINESS POLICY DELIVERY PORTFOLIO CM057R04 04 MNNERI BANNERI Cto 0 0 ttzi � O w O z w w d O H C x t+i () txi i-' w ' u l0 H •• w N r 0 0 Ln N J ADDRCP-AGT 08-05 AGTADDCP dX00yl9y OZ9i8 00 NOAK 866T XO8 Od zziltg aiasaa T6E LO LO b0 :#ua0IIaodd `any eUOWq 0966 L ADDRCP-INS 5-99 INSADDCP 0M o �d C w O C O H x n X tti 00 H ,u FA W (n LKJ .D qa O F., • • t0 H 0D r � r ro O H En O ro v n O O to OD t2i C n k O Fa rn N w W H N F-+ H m z N O r ADDRCP-INS 5-99 INSADDCP I£9T8 00 S'I0V7 098 XOH Od Z NOISKAUNSHEd SSdV MSIMdaARi MW 00 NOMI 86V l X08 Od IING 318830 FARMERS INSURANCE Memorandum Of Commercial Insurance And Subscription Agreement Prepared RIVERVIEW APTS PRESERVATION L For: PO BOX 850 EAGLE CO 81631 Presented DEBBIE BRILL BPO BOX 1498 Y: AVON CO 81620 970-845-8910 DISCLAIMER -THE ABBREVIATED OUTLINES OF COVERAGES USED THROUGHOUT THIS PROPOSAL ARE NOT INTENDED TO EXPRESS ANY LEGAL OPINION AS TO THE NATURE OF COVERAGE. PLEASE READ YOUR POLICY FOR SPECIFIC DETAILS OF COVERAGES. 31-1713 6-13 F1273111 PAGE 1 Of 5 31-1273R THIS PAGE LEFT INTENTIONALLY BLANK 31-1273 6-13 F1273112 PAGE 2 OF 5 Memorandum of Commercial Insurance and Subscription Agreement This is a Memorandum of Insurance and a Subscription Agreement. Your signature at the end of this document is required. If our records do not show that you have provided us with a signed copy of this document, we reserve the right to terminate your coverage. Please keep a copy for your record. Truck Insurance Exchange Policy Number: 60550-91-91 Rates quoted reflect the rates in effect as of the date of this application and are subject to revision. The company reserves the right to accept, reject or modify this application after investigation, review of the application and review of all other underwriting information. The undersigned represents and warrants that he/she has applied for the insurance coverage(s) as set forth above, pursuant to an application entered into the insured's computer records, and hereby confirms that he/she supplied information so entered and warrants and represents that all such information is true and correct. With your permission, we may, use your credit history to run an "insurance score" for the purpose of undetwriting or rating your policy. An insurance score is a number or rating derived from an algorithm, computer application, model or other process that is based wholly or in part on credit information. We use an insurance score to predict an individual applicant's or customer's future insurance loss exposure. Applicable only to states with the privacy act: I have received a copy of the investigation practices and protection of your privacy form, which advises me of my rights concerning the investigative practices of the member companies and exchanges of the Farmers Insurance Group of Companies. The property limits are only estimated values based upon the information provided to us by you and third parties. You are responsible for determining the appropriate Building and/or Business Personal Propert' coverage limits. Please also note that this estimate does not replace or supersede any term or condition of your policy and does not replace any required current professional appraisals or use of other estimating methods. FRAUD WARNING STATEMENTS All States (other than AL, AR, AZ, CO, KS, NM, OK, TN, VA, VT and WA) -Any person who knowingly and with intent to defraud any insurance compairy or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects that person to criminal and civil penalties (In Oregon, the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties). AL, AR, AZ and NM - Any person who knowingly (or willfully in MD) presents a false or fraudulent claim for payment of a loss or benefits or who flowingly (or willfully in MD) presents false information in an application for insurance is guilty of a crime and may be subject to fines or confinement in prison. Colorado - It is unlawful to Imowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant withregard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the department of regulatory agencies. Oklahoma - Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony. Kansas - Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with Imowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy, or a claim for payment or other benefit pursuant to an insurance policy, which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act. Tennessee, Virginia and Washington - It is crime to lmowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or denial of insurance benefits. 31-1213 6.13 F1273113 PAGE 3 OF 5 Additional Fee Information The following additional fees apply on an account, not a per -policy, basis. * A service fee will be assessed on every installment invoice and will be included in the minimum amount due. However, if you choose to pay the entire account balance in full upon receipt of the first installment, the fee will be waived. In addition, for accounts fully enrolled in online billing and scheduled for recurring Electronic Funds Transfer (EFT) payments the fee will be waived. State Installment Fee All states except Florida, New Jersey and west Virginia $6.00 Florida 18/0 of outstanding balance, annualized, subject to $6.00 cap New Jersey $7.00 West Virginia $5.00 Maine 510.00 * A returned payment fee applies per check, electronic transaction or other remittance which is not honored by your financial institution for any reason including but not limited to insufficient funds or a closed account. NOTE.• ff the returned payment is in response to a Notice of Ci ncelhztion, coverage still cancels on the cancellation effective date set forth in Me notice. State NSF Fee All states except Florida, Indiana, Maine, Nebraska, New Jersey, North Dakota, Oklahoma, Virginia, and West Virginia $30.00 North Dakota and Oklahoma $25.00 Nebraska and Indiana $20.00 Florida and West Virginia $15.00 Maine 510.00 New Jersey and Virginia Not applicable * A late fee will be assessed on each Notice of Cancellation that is issued and will be included in the minimum amount due. State Late Fee All states except Florida, Maryland, Missouri, Nebraska, New Jersey, Rhode Island, Virginia and West Virginia $20.00 MatTland, Nebraska and Rhode Island $10.00 Florida, Missouri, New Jersey, Virginia and West Virginia Not applicable The following applies on a per -policy basis. A reinstatement fee of $25.00 will be assessed if the policy is reinstated over 30 days but under 6 months from the cancellation date. Tkis f e does not apply to Flo:zda, Indiana & Alai 'y1and or to I'7orleers ` Co-rraperesation policies. One or more of the fees or charges described above may be deemed a part of premium under applicable state law. 31-1273 6.13 F1273114 PAGE 4 OF 5 Subscription Agreement Notice Insured RIVERVIEW APTS PRESERVATION L Effective Date 01/04/14 Policy Number 60550-91-91 Agent Number 07-07-391 Truck Insurance Exchange is a reciprocal or interinsurance exchange insurance company. This form of insurance company is owned by its members (also called subscribers), and the members appoint a third party, called the Attorney -in -Fact, to conduct certain administrative services for the company. To become a member of the Exchange, please sign the Subscription Agreement printed below. Under the Subscription Agreement, you will be appointing Truck Underwriters Association to act as the Attorney -in -Fact. The Association has acted in this capacity since 1928. The Subscription Agreement provides for payment of compensation to the Association for it's becoming and acting as Attorney -in -Fact. This compensation consists of a membership fee and a percentage of premiums on all policies of insurance or reinsurance issued or effected by the Exchange. These fees are included in your policy payment and are not an additional fee. If our records do not show that you have provided us with a signed copy of this document, we reserve the right to terminate your coverage. Subscription Agreement For and in consideration of the benefits to be derived there from the subscriber covenants and agrees with Truck Insurance Exchange and other subscribers thereto through their and each of their attorney-in-fact, the Truck Underwriters Association, to exchange with all other subscribers' policies of insurance or reinsurance containing such terms and conditions therein as may be specified by said attorney-in-fact and approved by the Board of Governors or its Executive Committee for any loss insured against, and subscriber hereby designates, constitutes and appoints Farmers Underwriters Association to be attorney-in-fact for subscriber, granting to it power to substitute another in its place, and in subscriber's name, place and stead to do all things which the subscriber or subscribers might or could do severally or jointly with reference to all policies issued, including cancellation thereof, collection and receipt of all monies due the Exchange from whatever source and disbursement of all loss and expense payments, effect reinsurance and all other acts incidental to the management of the Exchange and the business of interinsurance, subscriber further agrees that there shall be paid to said Association, as compensation for its becoming and acting as attorney-in-fact, the membership fees and twenty per centum of the Premium Deposit for the insurance provided and twenty per centum of the premiums required for continuance thereof. The remaining portion of the Premium Deposit and of additional term payments made by or on behalf of the subscriber shall be applied to the payment of losses and expenses and to the establishment of reserves and general surplus. Such reserves and surplus may be invested and reinvested by a Board of Governors duly elected by and from subscribers in accordance with provisions of policies issued, which Board or its Executive Committee or an agent or agency appointed by written authority of said Executive Committee shall have full powers to negotiate purchases, sales, trades, exchanges, and transfers of investments, properties, titles and securities, together with full powers to execute all necessary instruments. The expenses above referred to shall include all taxes, license fees, attorneys' fees and adjustment expenses and charges, expenses of members' and governors' meetings, agents' commissions, and such other specified fees, dues and expenses as may be authorized by the Board of Governors. All other expenses incurred in connection with the conduct of the Exchange and such of the above expenses as shall from time to time be agreed upon by and between the Association and the Board of Governors or its Executive Committee shall be borne by the Association. The principal office of the Exchange and its attorney-in-fact shall be maintained in the City of Los Angeles, County of Los Angeles, State of California. This agreement can be signed upon any number of counterparts with the same effect as if the signatures of all subscribers were upon one and the same instrument, and shall be binding upon the parties thereto, severally and ratably as provided in policies issued. Wherever the word "subscriber" is used the same shall mean members of the Exchange, the subscriber hereto, and all other subscribers to this or any other like agreement. Any policy issued hereon shall be non -assessable. On behalf of the named insured herein,, I have read the above Memorandum of Insurance and Subscription Agreement. I agree that the Memorandum of Insurance accurately summarizes the insurance for which the named insured has applied and on behalf of named insured, I agree to the terms and conditions of the insurance as described in the Memorandum of Insurance. The named insured herein also agrees to be bound to all of the terms and conditions of the Subscription Agreement. NEW YORK FRAUD WARNING STATEMENT - Any person who knowingly and with intent to defraud any insurance company or other person files an application for commercial insurance or statement of claim for any commercial or personal insurance benefits containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, and any person who, in connection with such application or claim, knowingly makes or knowingly assists, abets, solicits or conspires with another to make a false report of the theft, destruction, damage or conversion of any motor vehicle to a law enforcement agency, the department of motor vehicles or an insurance company, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each violation. Subscribed to this day of , 2 , a.m./p.m. X Signature (If applicant is a minas, parent or guardian must also sign) 31-1213 6r13 Return This topy After Signing F1273115 PAGE 5 OF .' Make Check Or Money Order Payable To Company Shown Below FARM E RS INSURANCE INVOICE TRUCK INSURANCE EXCHANGE RIVERVIEW APTS PRESERVATION L PO BOX 850 EAGLE CO 81631 This Invoice Reflects: Effective Date: 01/04/14 x❑ New Business ❑ Reinstatement ❑ Change Of Coverage $ Previous Balance Owing $ 25,487.00 Premium $ 250.00 Membership, Policy, Reinstatement, Reissue or Service Fees $ Pro Rata Premium Due $ Premium For Renewing Entire Present Coverage From _ $ $ 25,737.00 Total Charges " MORTGAGEE TO PAY PREMIUM ** 1 S Payments $ Other Credits $ Total Credits $ - —NONE- BALANCE DUE UPON RECEIPT $ Optional Amount $ Refund 26.7220 0-0b JANUARY 10, 2014 Date 07-07-391 Agent's Number 60550-91-91 Policy Number 600001 Loan Number ❑ Added Coverage To WE WANT TO BE YOUR FIRST CHOICE FOR BUSINESS AND PERSONAL LINES INSURANCE. IF YOU PLACE A PERSONAL LINES POLICY WITH FARMERS YOU MAY BE ELIGIBLE TO RECEIVE A DISCOUNT, CONTACT YOUR AGENT TODAY. DO NOT PAY THE AMOUNT DUE ALL PREMIUM CHARGES OR REDUCTIONS IN PREMIUM WILL BE DIVIDED INTO EQUAL PORTIONS FROM EFFECTIVE MONTH TO THE RENEWAL MONTH AND WILL BE INCLUDED ON YOUR BILLING STATEMENT. Please Write Your Policy Number On Check Or Money Order. KEEP THIS ORIGINAL FOR YOUR RECORDS A7220701 PAGE 1 OF 2 State Required Notification: 25.7220 1-02 A7220502 PAGE 2 OF 2 4680 Wilshire Boulevard Los Angeles, California 90010 Dear Business Owner, On behalf of your Agent and Farmers @employees, we would like to thank you for making Farmers your insurer of choice. Farmers has provided protection for the American enterprise system for over 80 years. Our proven financial stability and record of superior service to our customers are reasons that others in your situation have chosen Farmers, making us one of the largest groups of insurers of businesses in the United States. We have designed the enclosed policy for your type of business. Please review it carefully. Your Agent will be happy to answer any questions you may have regarding it. Your Agent can also help you with other business insurance needs including business continuation or key person insurance plus retirement planning and deferred compensation arrangements. We hope to be able to serve your business insurance needs f'or rnarhy years to come. Simon J. Noonan President of Business Insurance Farmers Group, Inc. Vice President Truck: Underwriters Association 25.1073 2-12 A7073501 PAGE I OE 1 25.707ID5 Notice To Policyholders Regarding Your Policy's Business Income Coverage Dear Valued Customer, &AZh FARMERS INSURANCE Thank you for choosing Farmers a for your insurance needs. We appreciate your business and want to keep you informed about changes to your policy and the coverage options available to you. The Premier package coverage you have chosen for your APARTMENT OWNERS POLICY includes innovative coverage specifically designed for you as an apartment owner. One such coverage provides for loss of Business Income, which pays for rent or other income you are unable to collect due to a covered loss. When the property limit at a covered location is less than $25,000,000, the policy provides coverage for all verifiable loss of rents or other income during the time period stated in your policy. Wien the property limit at a covered location exceeds $25,000,000, the policy provides coverage for loss of rents or other income at that location up to the dollar limit shown for Business Income on the Declarations. Consequently, when the property limit at any given location is increased fi-om an amount below or equal to $25,000,000 to an amount that exceeds $25,000,000, the Business Income coverage will be subject to a $100,000 limit than can be increased at your request. This notice provides a summary for informational purposes only; it is not part of your insurance contract. Please read your policy carefully, including the attached endorsements, for complete information about your Business Income coverage. If there is a conflict between the policy and this summary, the provisions of the policy shall prevail. If you have any questions regarding Business Income coverage or any of the other coverages provided by your Farmers Premier Package Policy, please contact your Agent. 25-5638 10-09 A563W] Page 1 of 1 `64, ** Policyholder Reminder ** **Review Your Coverages To Ensure They Meet Your Needs** Dear Farmers Customer, Thank you for choosing Farmers for your Business Insurance needs. In today's dynamic business environment, we understand that your business can change throughout the year. For example, you may acquire new equipment, adjust your staffing, add a new location, create electronic ordering and/or billing for your customers, or begin offering new services. These and many other changes may require updated insurance coverage for your business. Farmers offers several services at no cost to you in order to help protect your business and your livelihood. For example: • Your Farmers Agent is a great resource who can provide you with business insurance consulting services. • Whether you are a new or returning client, you can take advantage of this service by calling your Farmers Agent to schedule a Farmers Friendly Review. Your agent will discuss your business needs, review your coverage, and make any coverage adjustments needed. • MySafetyPoint.com offers a wealth of safety and loss control information which may help you avoid workplace injuries and other losses. • To access this information, log onto w�N,�v.m}=saf- to,point.com> and then register with your policy number and email address. There you will find safety and loss control information that is specific to your type of business. Thank you for your business. If you have any questions, please contact your Farmers agent. 25-3065 7-13 A3065101 Page 1 of 1 FARM E RS INSURANCE Memorandum Of Commercial Insurance And Subscription Agreement Prepared RIVERVIEW APTS PRESERVATION L For: PO BOX 850 EAGLE CO 81631 Presented DEBBIE BRILL BOX 1498 BPO Y: AVON CO 81620 970-845-8910 DISCLAIMER - THE ABBREVIATED OUTLINES OF COVERAGES USED THROUGHOUT THIS PROPOSAL ARE NOT INTENDED TO EXPRESS ANY LEGAL OPINION AS TO THE NATURE OF COVERAGE. PLEASE READ YOUR POLICY FOR SPECIFIC DETAILS OF COVERAGES. 31-1273 &13 F1273101 PAGE 1 OF 5 THIS PAGE LEFT INTENTIONALLY BLANK 31-1273 6.13 F1273102 PAGE 2 OF 5 Memorandum of Commercial Insurance and Subscription Agreement This is a Memorandum of Insurance and a Subscription Agreement. Your signature at the end of this document is required. If our records do not shove that you have provided us with a signed copy of this document, we reserve the right to terminate your coverage. Please keep a copy for your record. Truck Insurance Exchange Policy Number: 6o55o-91-91 Rates quoted reflect the rates in effect as of the date of this application and are subject to revision. The company reserves the right to accept, reject or modify this application after investigation, review of the application and review of all other underwriting information. The undersigned represents and warrants that he/she has applied for the insurance coverage(s) as set forth above, pursuant to an application entered into the insured's computer records, and hereby confirms that he/she supplied information so entered and warrants and represents that all such information is true and correct. With your permission, we may use your credit history to ran an "insurance score" for the purpose of underwriting or rating your policy. An insurance score is a number or rating derived from an algorithm, computer application, model or other process that is based wholly or in part on credit information. We use an insurance score to predict an individual applicant's or customer's future insurance loss exposure. Applicable only to states with the privacy act: I have received a copy of the investigation practices and protection of your privacy form, which advises me of my rights concerning the investigative practices of the member companies and exchanges of the Farmers Insurance Group of Companies. The property limits are only estimated values based upon the information provided to us by.you and third parties. You are responsible for determining the appropriate Building and/or Business Personal Property coverage limits. Please also note that this estimate does not replace or supersede any term or condition of your policy and does not replace any required current professional appraisals or use of other estimating methods. FRAUD WARNING STATEMENTS All States (other than AL, AR, AZ, CO, KS, NM, OK, TN, VA, VT and WA) - Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, wNch is a crime and subjects that person to criminal and civil penalties (In Oregon, the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties). AL, AR, AZ and NM - Any person who knowingly (or willfully in MD) presents a false or fraudulent claim for payment of a loss or benefits or who knowingly (or willfiilly in MD) presents false information in an application for insurance is guilty of a crime and mail be subject to fines or confinement in prison. Colorado - It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company, who Imowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the department of regulatory agencies. Oklahoma - Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony. Kansas - Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with Imowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, ann v written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy, or a claim for payment or other benefit pursuant to an insurance policy, which such person lrnows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act. Tennessee, Virginia and Washington - It is crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or denial of insurance benefits. 31-1273 6.13 F1273103 PAGE 3 OF 5 Additional Fee Information The following additional fees apply on an account, not a per -policy, basis. * A service fee will be assessed on every- installment invoice and will be included in the minimum amount due. However, if you choose to pay the entire account balance in full upon receipt of the first installment, the fee will be waived. In addition, for accounts fully enrolled in online billing and scheduled for recurring Electronic Funds Transfer (EFT) payments the fee will be waived. State Installment Fee All states except Florida, New Jersey and West Virginia $6.00 Florida 18% of outstanding balance, annualized, subject to $6.00 cap New Jersey S71.00 West Virginia $5.00 Maine $10.06 A returned payment fee applies per check, electronic transaction or other remittance which is not honored by your financial institution for any reason including but not limited to insufficient funds or a closed account. NOTF: If the returned pgvnzent is in response to a Notice of Cancellation, coverage still cancels on the rancelkition e etivr date set fog G� in the notice. State NSF Fee All states except Florida, Indiana, Maine, Nebraska, New Jersey, North Dakota, Oklahoma, Virginia, and West Virginia $30'00 North Dakota and Oklahoma $25.00 Nebraska and Indiana $20.00 Florida and West Virginia $15.00 Maine $10.06 New Jersey and Virginia Not applicable * A late fee will be assessed on each Notice of Cancellation that is issued and will be included in the minimum amount due. State Late Fee All states except Florida, Maryland, Missouri, Nebraska, New Jersey, Rhode Island, Virginia and West Virginia $20.00 Maryland, Nebraska and Rhode Island $10.00 Florida, Missouri, New Jersey, Virginia and West Virginia Not applicable The following applies on a per -policy basis. A reinstatement fee of $25.00 will be assessed if the policy is reinstated over 30 days but under 6 months from the cancellation date. This fee does not apply to Florida, Indiana C-1✓Ianl&nd or to lhorken ` Compensation policies. One or more of the fees or charges described above may be deemed a part of premium under applicable state law. 31-1273 6-13 E1273104 PAGE 4 U 5 Subscription Agreement Notice Insured. RIVERVIEW APTS PRESERVATION L Effective Date 01/04/14 Policy Number 60550-91-91 Agent Number 07-07-391 Truck Insurance Exchange is a reciprocal or interinsurance exchange insurance company. This form of insurance company is owned by its members (also called subscribers), and the members appoint a third party, called the Attorney -in -Fact, to conduct certain administrative services for the company. To become a member of the Exchange, please sign the Subscription Agreement printed below. Under the Subscription Agreement, you will be appointing Truck Underwriters Association to act as the Attorney -in -Fact. The Association has acted in this capacity since 1928. The Subscription Agreement provides for payment of compensation to the Association for it's becoming and acting as Attorney -in -Fact. This compensation consists of a membership fee and a percentage of premiums on all policies of insurance or reinsurance issued or effected by the Exchange. These fees are included in your policy payment and are not an additional fee. If our records do not show that you have provided us with a signed copy of this document, we reserve the right to terminate your coverage. Subscription Agreement For and in consideration of the benefits to be derived there from the subscriber covenants and agrees with Truck Insurance Exchange and other subscribers thereto through their and each of their attorney-in-fact, the Truck Underwriters Association, to exchange with all other subscribers' policies of insurance or reinsurance containing such terms and conditions therein as may be specified by said attorney-in-fact and approved by the Board of Governors or its Executive Committee for any loss insured against, and subscriber hereby designates, constitutes and appoints Farmers Underwriters Association to be attorney-in-fact for subscriber, granting to it power to substitute another in its place, and in subscriber's name, place and stead to do all things which the subscriber or subscribers might or could do severally or jointly with reference to all policies issued, including cancellation thereof, collection and receipt of all monies due the Exchange from whatever source and disbursement of all loss and expense payments, effect reinsurance and all other acts incidental to the management of the Exchange and the business of interinsurance; subscriber further agrees that there shall be paid to said Association, as compensation for its becoming and acting as attorney-in-fact, the membership fees and twenty per centum of the Premium Deposit for the insurance provided and twenty per centum of the premiums required for continuance thereof. The remaining portion of the Premium Deposit and of additional term payments made by or on behalf of the subscriber shall be applied to the payment of losses and expenses and to the establishment of reserves and general surplus. Such reserves and surplus may be invested and reinvested by a Board of Governors duly elected by and from subscribers in accordance with provisions of policies issued, which Board or its Executive Committee or an agent or agency appointed by written authority of said Executive Committee shall have full powers to negotiate purchases, sales, trades,, exchanges, and transfers of investments, properties, titles and securities, together with full powers to execute all necessary instruments. The expenses above referred to shall include all taxes, license fees,, attorneys' fees and adjustment expenses and charges, expenses of members' and governors' meetings, agents' commissions, and such other specified fees, dues and expenses as may be authorized by the Board of Governors. All other expenses incurred in connection with the conduct of the Exchange and such of the above expenses as shall from time to time be agreed upon by and between the Association and the Board of Governors or its Executive Committee shall be borne by the Association. The principal office of the Exchange and its attorney-in-fact shall be maintained in the Cite of Los Angeles, County of Los Angeles, State of California. This agreement can be signed upon any number of counterparts with the same effect as if the signatures of all subscribers were upon one and the same instrument, and shall be binding upon the parties thereto, severally and ratably as provided in policies issued. Wherever the word "subscriber" is used the same shall mean members of the Exchange, the subscriber hereto, and all other subscribers to this or any other like agreement. Any policy issued hereon shall be non -assessable. On behalf of the named insured herein, I have read the above Memorandum of Insurance and Subscription Agreement. I agree that the Memorandum of Insurance accurately summarizes the insurance for which the named insured has applied and on behalf of named insured, I agree to the terms and conditions of the insurance as described in the Memorandum of Insurance. The named insured herein also agrees to be bound to all of the terms and conditions of the Subscription Agreement. NEW YORK FRAUD WARNING STATEMENT - Any person who knowingly and with intent to defraud any insurance company or other person files an application for commercial insurance or statement of claim for any commercial or personal insurance benefits containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, and any person who,, in connection with such application or claim, knowingly makes or knowingly assists, abets, solicits or conspires with another to make a false report of the theft, destruction, damage or conversion of any motor vehicle to a law enforcement agency, the department of motor vehicles or an insurance company, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each violation. I , A 'J Subscribed to this91 day of 2 l a.m.lp.m. X Signature (If applicantga minor, parent or guardian must also sign) 31-1273 6-13 Please Keep A Copy For Your Records F1273105 PAGE 5 OF 5 Common Policy Declarations TRUCK INSURANCE EXCHANGE (A RECIPROCAL COMPANY) Members Of The Farmers Insurance Group Of Conames Home Office: 4680 ViIshire Blvd., Los Angeles, California 90010 APARTMENT OWNERS — PREMIER L RIVERVIEW APTS PRESERVATION L F000650413-001-00001 Named Insured • PO BOX 8 5 0 Account Number Prod. Count Mailing • 07-07-391 60550-91-91 Address : EAGLE CO 81631 Agent No. Policy Number The named insured is an individual unless otherwise stated: ❑ Partnership ❑ Corporation ❑ Joint Venture ❑ Organization (An)7other} Type of Business APARTMENTS 2. Policy Period from 01 / 0 4 / 14 (not prior to time applied for) to 01 / 0 4 / 15 12:01 a.m. Standard Time If this policy replaces other coverage that ends at noon standard time of the same day this policy begins, this policy will not take effect until the other coverage ends. This policy will continue for successive policy periods as follows: If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then in effect. This Policy Consists Of The Following Coverage Parts Listed Below And For Which A Premium Is Indicated. This Premium May Be Subject To Change. Premium After ADolicable Discount and Modification APARTMENT OWNERS POLICY $25,452.00 CYBER LIABILITY AND DATA BREACH COVERAGE $35.00 CERTIFIED ACTS OF TERRORISM — SEE DISCLOSURE ENDORSEMENr INCLUDED Total `see Additional Fee Information below See Invoice Attached 56.6169 1STEDITION 6-13 06169101 Page 1 of 2 566169 -EDI Forms applicable to all Coverage Parts: E0002—ED1 25-3065 Countersigned (Date) RX, (Authorized Representative) Agent: DEBBIE BRILL Agent Phone: 970-845-8910 Additional Fee Information The following additional fees apply on an account, not a per -policy, basis. ' A service fee will be assessed on every installment invoice and will be included in the minimum amount due. However, if you choose to pay the entire account balance in full upon receipt of the first installment, the fee will be waived. In addition, for accounts fully enrolled in online billing and scheduled for recurring Electronic Funds Transfer (EFT) payments the fee will be waived. State Installment Fee All states except Florida, New Jersey and West Virginia $6.00 Florida I S% of outstanding balance, annualized, subject to $6.00 cap New Jersey $7.00 West Virginia $5,00 Maine $10.00 * A returned payment fee applies per check, electronic transaction or other remittance which is not honored by your financial institution for any reason including but not limited to insufficient funds or a closed account. NOTE. If the returned payment is in response to a Notice of Cancellation, coverage still cancels on the cancellation ejeetive date set fon-1, in the notice. State NSF Fee All states except Florida, Indiana, Maine, Nebraska, New Jersey, North Dakota, Oklahoma, Virginia, and West Virginia $30.00 North Dakota and Oklahoma $25.00 Nebraska and Indiana $20.00 Florida and West Virginia $15.00 Maine $10.00 New Jersey and Virginia Not applicable A late fee will be assessed on each Notice of Cancellation that is issued and will be included in the minimum amount due. State Late Fee All states except Florida, Maryland, Missouri, Nebraska, New Jersey, Rhode Island, Virginia and West Virginia $20.00 Maryland, Nebraska and Rhode Island $10.00 Florida, Missouri, New Jersey, Virginia and West Virginia Not applicable The following applies on a per -policy basis. A reinstatement fee of $25.00 will be assessed if the policy is reinstated over 30 days but under 6 months from the cancellation date. This fee does not apply to Flor7da, Indiana er Manikind or to lVorkers' Compensation policies. One or more of the fees or charges described above may be deemed a part of premium under applicable state law. 56-6169 IST EDITION 6.13 C6169102 Page 2 of 2 56 -6169 -EDI E k" FRRMFRS ffINSWAR[Fyy FARMERS INSURANCE GROUP OF COMPANIES !i GRDIW i Dear Valued Customer. THIS POLICY DOES NOT PROVIDE WORKERS' COMPENSATION COVERAGE FOR JOB RELATED INJURIES TO YOUR EMPLOYEES. State law may require such coverage. Be sure you are in compliance with the state law. FARMERS INSURANCE GROUP OF COMPANIES 25.2110 3-98 A2110101 PAGE 1 OF 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM (RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT) Tlus endorsement modifies insurance provided under the following: APARTMENT OWNERS PROPERTY COVERAGE FORM APARTMENT OWNERS LIABILITY COVERAGE FORM CONDOMINIUM OWNERS PROPERTY COVERAGE FORM CONDOMINIUM OWNERS LIABILITY COVERAGE FORM DIRECTORS AND OFFICERS LIABILITY COVERAGE FORM SCHEDULE E2038 2nd Edition The Exception Covering Certain Fire Losses (Paragraph 13.2.) applies to property located in the following California Oregon Illinois Virginia Iowa Washington Missouri Wisconsin North Carolina Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage is amended as follows: 1. Applicability Of The Provisions Of This Endorsement a. The provisions of this endorsement become applicable commencing on the date when any one or more of the following first occurs. But if your policy (meaning the policy period in which this endorsement applies) begins after such date, then the provisions of this endorsement become applicable on the date your policy begins. (1) The federal Terrorism Risk Insurance Program ("Program"), established by the Terrorism Risk Insurance Act, has terminated with respect to the type of insurance provided under this Coverage Form; or (2) A renewal, extension or replacement of the Program has become effective without a requirement to snake terrorism coverage available to you and with revisions that: (a) Increase our statutory percentage deductible under the Program for terrorism losses. (That deductible determines the amount of all certified terrorism losses we must pay in a calendar year, before the federal government shares in subsequent payment of certified terrorism losses.); or (b) Decrease the federal government's statutory percentage share in potential terrorism losses above such deductible; or (e) Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other type of events or occurrences under this policy. b. If the provisions of this endorsement become applicable, such provisions: (1) Supersede any terrorism endorsement already endorsed to this policy that addresses "certified acts of terrorism" and/or "other acts of terrorism", but only with respect to loss or injury or damage from an incident(s) of terrorism (however defined) that occurs on or after the date when the provisions of this endorsement become applicable; and 91-2038 2ND EDITION 6-06 Cop#ight ISO Properties, Inc, vith its permission E2038201 PAGE 1 OF 4 E2038-ED2 (2) Remain applicable unless we notify you of changes in these provisions, in response to federal law. c. If the provisions of this endorsement do NOT become applicable, any terrorism endorsement already endorsed to this policy, that addresses "certified acts of terrorism" and/or "other acts of terrorism", will continue in effect unless we notify you of changes to that endorsement in response to federal law. 2. The following definition is added and applies under this endorsement wherever the term terrorism is enclosed in quotation marks. "Terrorism" means activities against persons, organizations or property of any nature: a. That involve the following or preparation for the following: (1) Use or threat of force or violence; or (2) Commission or threat of a dangerous act; or (3) Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and b. When one or both of the following applies: (1) The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or (2) It appears that the intent is to intimidate or coerce a government, or to further political, ideological, religious, social or economic objectives or to express (or express opposition to) a philosophy or ideology. B. The Property Coverage Form is amended as follows: 1. The following exclusion is added: EXCLUSION OF TERRORISM We will not pay for loss or damage caused directly or indirectly by "terrorism", including action in hindering or defending against an actual or expected incident of "terrorism". Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. But this exclusion applies only when one or more of the following are attributed to an incident of "terrorism": a. The "terrorism" is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or device that involves or produces a nuclear reaction, nuclear radiation or radioactive contamination; or b. Radioactive material is released, and it appears that one purpose of the "terrorism" was to release such material; or c. The "terrorism" is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or d. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the "terrorism" was to release such materials; or e. The total of insured damage to all types of property in the United States, its territories and possessions, Puerto Rico and Canada exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the "terrorism" and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions. Multiple incidents of "terrorism" which occur within a 72 -hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, for the purpose of determining whether the threshold is exceeded. 41-2038 2ND EDMON 6-06 (W#ighi ISO Propetlies, Inc, Wh 0s permission E2038202 PAGE 2 OF 4 With respect to this Item 1.e., the immediately preceding paragraph describes the threshold used to measure the magnitude of an incident of "terrorism" and the circumstances in which the threshold will apply, for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of "terrorism", there is no coverage tinder this Coverage Form. 2. Exception Covering Certain Fire Losses The following exception to die Exclusion Of Terrorism applies only if indicated and as indicated in the Schedule of this endorsement. If "terrorism" results in fire, we will pay for the loss or damage caused by that fire, subject to all applicable policy provisions including the Limit of Insurance on the affected property. Such coverage for fire applies only to direct loss or damage by fire to Covered Property. Therefore, for example, the coverage does not apply to insurance provided under Business Income and/or Extra Expense coverages or endorsements that apply to those coverages. 3. Application Of Other Exclusions a. When the Exclusion Of Terrorism applies in accordance with the terms of Paragraph ].a. or I.b., such exclusion applies without regard to the Nuclear Hazard Exclusion in this Coverage Form. b. The terms and limitations of any terrorism exclusion, or the inapplicabilio, or omission of a terrorism exclusion, do not serve to create coverage for any loss or damage which would otherwise be excluded under this Coverage Form as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. C. The Liability Coverage Form and Directors and Officers Liability Coverage Form is amended as follows: 1. The following definition is added and applies under this endorsement wherever the phrase any injury or damage, is enclosed in quotation marks: "Any injury or damage" means any injury or damage covered under this Coverage Form or any applicable endorsement, and includes but is not limited to "bodily injury", "property damage" or "personal and advertising injuty", as may be defined under this Coverage Form or any applicable endorsement. 2. The following exclusion is added: EXCLUSION OF TERRORISM We will not pay for "any injury or damage" caused directly or indirectly by "terrorism", including action in hindering or defending against an actual or expected incident of "terrorism". "Any injury or damage' is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. But this exclusion applies only when one or more of the following are attributed to an incident of "terrorism": a. The "terrorism" is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or device that involves or produces a nuclear reaction, nuclear radiation or radioactive contamination; or b. Radioactive material is released, and it appears that one purpose of the "terrorism" was to release such material; or c. The "terrorists" is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or d. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the "terrorism" was to release such materials; or 91-2036 2ND EDIAON 6-06 Copyright ISO Properties, Inc, evhh hs perrision M38M PAGE 3 OF 4 e. The total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the "terrorism" and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by anv insurance but for the application of any terrorism exclusions; or £ Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: (1) Physical injury that involves a substantial risk of death; or (2) Protracted and obvious physical disfigurement; or (3) Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of "terrorism" which occur within a 72 -hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, for the purpose of determining whether the thresholds in Paragraph 2.e. or 2.£ are exceeded. With respect to this Exclusion, Paragraphs 2.e. and 2.£ describe the threshold used to measure the magnitude of an incident of "terrorism" and the circumstances in which the threshold will apply, for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of "terrorism", there is no coverage under this Coverage Form. In the event of any incident of "terrorism" that is not subject to this Exclusion, coverage does not apply to "any injury or damage" that is otherwise excluded under this Coverage Form. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 41.2038 2Nd EOIIION 6-06 Copyright ISO Properties, Inc, Wh hs pernizion 12838204 PAGE 4 OF 4 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. AhFARM E R 5 X6300 INSURANCE 2nd Edition DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Terrorism Premium (Certified Acts) $ 252.00 Additional information, if any, concerning the terrorism premium: IInformation required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year 0anuary 1 through December 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year 0anuary 1 through December 31) 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. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 43-6300 2ND EDITION 1-08 Copyright ISD Properties, Inc, with Bs pemison./6300201 PAGE 1 OF 1 J6300-ED2 TRUCK INSURANCE EXCHANGE Members Of The Farmers Insurance Group Companies Nome Office: 4680 Wilshire Blvd., Los Angeles, Carilornio 90010 Policy Declarations 1, APARTMENT OWNERS - PREMIER \; J. RIVERVIEW APTS PRESERVATION L F000650413-001-00001 ame Insured ' PO BOX 850 Mailing Address ' EAGLE CO 81631 Account Number Prod. Count 07-07-391 60550-91-91 Agent No. Policy Number The named insured is an individual unless otherwise stated: ❑ Partnership ❑ Corporation ❑ Joint Venture ❑ Organization (Any other) Type of Business APARTMENTS 2. Policy Period from 01 1 n 411 151 4not rior to time applied for) to O 1 / 0 4 / 2:01 am. Standard Time If this policy replaces other coverage that ends at noon standard time of the salve day this policy begins, this policy will not take effect until the other coverage ends. This policy will continue for successive policy periods as follows: If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then in effect. 3. Insured location same as mailing address unless otherwise stated: 001 39169 US HWY 6 24 AVON CO 81620 4. We provide insurance only for those coverages described below and for which a specific limit of insurance is shown. Property Coverages And Limits Of Insurance COVERAGES I PREMISE NO. 001 BUILDINGS BUSINESS PERSONAL PROPERTY BUILDING ORDINANCE AND LAW SPECIFIED PROPERTY BUSINESS INCOME AND EXTRA EXPENSE AUTOMATIC BUILDING INCREASE PROPERTY DEDUCTIBLE Business Income (All Listed MASTER KEY BACKUP OF SEWER AND DRAIN HIRED AUTO LIABILITY NON -OWNED AUTO LIABILITY 56.5991 413 565991-ED6 $10,000,000 $15,000 COV 1 COVERED COV 2 $500,000 COV 3 $1,000,000 $50,000 ACTUAL LOSS SUSTAINED 8% $2,500 ses) 18 months -Actual Loss Sustained All Premises $100/$10,000 $50,000 $2,000,000 $2,000,000 FARMERS INSURANCE 05991601 PAGE 1 OF 3 (overage Extensions - Option I Hi her limits of Insurance Per Occurrence Coverage All Premises ACCOUNTS RECEIVABLE $5,000 VALUABLE PAPERS $5,000 EDP $10,000 NEWLY ACQ PROP OR CONST BLDG $250,000 PERS PROP AT NEWLY ACQ PREMISE $250,000 Optional (overages: We provide insurance for those Optional (overages described below. Coverage All Premises OUTDOOR SIGNS $50,000 $500 DEDUCTIBLE EMPLOYEE DISHONESTY $50,000 $500 DEDUCTIBLE MONEY AND SECURITIES $10,000 $500 DEDUCTIBLE OUTDOOR PROPERTY $50,000 Liability And Medical Payments - Except for Fire legal liability, each paid claim for the following coverage reduces the amount of insurance we provide during the applicable annual period. Please refer to Paragraph D.4. of the liability Coverage Form. Coverage Limits Of Insurance LIABILITY $2,000,000 PER OCC/ $4,000,000 GEN AGG MEDICAL EXPENSES $5,000 PER PERSON TENANTS LIABILITY $75,000 PER OCCURRENCE 001 ASST SECRETARY FOR HOUSING *SEE E0002 90 SOUTH SEVENTH STREET SUITE 4300 MINNEAPOLIS MN 55402 1ST) LOAN NO. 600001 Countersigned (Date) 56-5991 413 By (Authorized Representative) 05991602 PAGE 2 OF 3 Policy Number: 60550-91-91 Policy Forms and Endorsements attached at inception: Effective Date: 01/04/14 Number Title E3425-ED2 LOSS PAYABLE PROVISIONS E3025-ED3 APARTMENT COMMON CONDITIONS E3331-ED3 LIMIT OF COVG TO DESIG PREM OR PROJ E3335-ED4 APARTMENT LIABILITY COVG FORM E3424-ED3 APARTMENT PROPERTY COVG FORM 56-5166ED5 ADDITIONAL CONDITIONS J6353-ED1 CHANGE TO LIMITS OF INSURANCE E3015-ED2 CALCULATION OF PREMIUM J6739 -EDI TWO OR MORE COVERAGE FORMS E0125-ED1 LEAD POISONING & CONTAMINATION EXCL E4009-ED4 MOLD & MICROORGANISM EXCLUSION 25-2110 WORK COMP EXCLUSION E0104-ED1 BUSINESS LIAB COV -TENANTS LIAB E0122-ED3 PERIOD OF RESTORATION REDEFINED J6351-ED1 LIMITED TERRORISM EXCLUSION S0741-ED2 CO CHGS-CANC & NONRENEWAL S0743-ED2 CO -YOUR RIGHT TO CLAIM & OCC INFO S0744-ED2 CO CHG-CONCLMN5, MISREP OR FRAUD E0147-ED1 WAR LIABILITY EXCLUSION E0051-ED2 ASBESTOS & SILICA EXCLUSION END 25-5638ED2 NOTICE RE CHGS TO POLICY -BUS INC COVG E2038-ED2 CONDITIONAL EXCLUSION OF TERRORISM J6300-ED2 DISCL OF PREM -CERT ACTS OF TERROR E3037-ED1 NO COVG-CERTAIN COMPUTER RELATED LOSSES J6316-ED1 EXCL OF LOSS DUE TO VIRUS OR BACT J6347-ED1 EXCL-VIOLATION OF STATUTES E6289-ED1 BUSINESS INCOME & EXTRA EXPENSE -18 MOS J6849-ED1 DEDUCTIBLE PROVISIONS E6288-ED3 EXCL-BUILDING CONVERSION J6829-ED1 LTD COVG FOR FUNGI, WET/DRY ROT J6360-ED1 EXTENDED BUSINESS INCOME 25-8932 P/H LETTER -CYBER LIAB J6834-ED1 APARTMENT PREMIER PACKAGE END E6278-ED2 BLKT LIMITS FOR BLDG/CONT E0120-ED3 BACKUP OF SEWER OR DRAIN COVG E3336-ED2 HIRED & NON -OWNED AUTO E0124-ED1 MECHANICAL BREAKDOWN COVG END S0755 -EDI COLORADO AMENDATORY ENDORSEMENT 56-5931 CYBER LIABILITY DEC J6610-ED1 CYBER LIABILITY & DATA BREACH 25-8934 COLORADO POLICYHOLDER LETTER Countersigned {Date} By (Authorized Representative) 56-5991 413 C5991603 PAGE 3 OF 3 V Important Policyholder Notice Regarding Cyber Liability and Data Breach Expense Coverage Dear Policyholder, We are pleased to inform you of a valuable coverage protection provided with your business insurance policy - Cyber Liability and Data Breach Expense Coverage. This coverage is included to address growing concerns that all businesses today face regarding data security breaches and compromises of customer data. This important addition to your protection is provided for an additional premium charge which is shown on your policy's Cyber Liability and Data Breach Expense Coverage Declarations. Please read the remainder of this notice to learn more about Cyber Liability and Data Breach Expense Coverage and the benefits and options available to you and your customers. What is Cyber Liability and Data Breach Expense Coverage? Cyber Liability and Data Breach Expense Coverage provides third party liability coverage for information security and privacy coverage, regulatory defense and penalties and privacy breach response services. Third part= liability coverage includes information security and privacy coverage for: • Theft, loss or unauthorized disclosure of your customers' personally identifiable or third party corporate information; • Unauthorized access, theft of or destruction of data, denial of service attacks and virus transmission involving your computer systems resulting from computer security breaches; and • Regulatory defense and penalties costs associated with response to a regulatory proceeding resulting from an alleged violation of privacy law causing a security breach Privacy breach response services provided in the event of an actual or alleged breach of personally identifiable information include: Forensic and legal assistance from a panel of experts to help determine the extent of the breach and the steps needed to comply with applicable laws; • Notification to your customers who must be notified under applicable law; and • Discretionary notice to individuals potentially affected by a breach in which there is a resulting risk of financial, reputational or other harm to the individuals, when a breach does not trigger a legal dun, to notifi, such individuals What additional benefits are provided? Your policy's Cyber Liability and Data Breach Expense Coverage includes free data security risk management services, which provide: • Expert on-line support for your understanding and handling of data security issues; • Compliance and breach response information; • Email alerts of key legal and regulatory developments; and • On-line training programs, employee training bulletins and webinars for privacy compliance and IT ff You stamay access this information by registering at www.FarmersCyber.com. To register, go to www=.FarmersCyber.com and click the "New= Here? Register Now" link located on the login page. Enter the requested information and your Farmersl%usiness insurance policy number. Please allow 14 business days after binding your Farmers business insurance policy to process and set up your access to the online data security risk management service. 258932 3-12 A8932101 Page 1 of 2 What if I already have this coverage from another carrier or simply do not want this protection? If the Cyber Liability and Data Breach Expense Coverage duplicates coverage you have provided to you by another carrier, or you do not desire to include this coverage, simply notify your agent and complete the "opt out" request form. The Cyber Liability and Data Breach Expense Coverage will be removed from your policy, and you will receive a refund on your premium. Coverage provided is on a Claims -Made basis. What is that? Claims -made coverage means that the loss, in order for coverage to apply, must be reported to Farmers during the policy period. Does the policy provide for an Extended Reporting Period? Yes, the policy provides a limited reporting period of 30 days following termination of coverage. An optional Extended Reporting period can be purchased to protect against claims made after termination of the policy. Farmers' recognizes that data security breaches and compromises of customer data are faced by all types of business enterprises today and continue to be reported at a high frequency. When a breach occurs, business owners need to be ready to respond quickly and effectively to mitigate their exposure to brand damage and legal liability. The addition of Cyber Liability and Data Breach Expense Coverage to your policy is a means to ensure that you are prepared should a covered claim occur. This notice provides a summary of the Cyber Liability and Data Breach Expense Coverage included on your policy. Please refer to the actual policy language to determine the applicable terms and conditions. 25-8932 3-12 A8932102 Page 2 of 2 FARMERS INSURANCE POLICYHOLDER NOTICE - COLORADO IMPORTANT NOTI(E TO ALL COLORADO POLICYHOLDERS REGARDING CLAIMS -MADE POLICIES: CYBER LIABILITY AND DATA BREACH EXPENSE COVERAGE FORM THIS DISCLOSURE FORM IS NOT A PART OF YOUR COVERAGE. IT DESCRIBES SOME OF THE MAJOR FEATURES OF THE CLAIMS -MADE AND REPORTED COVERAGE FORM. PLEASE READ YOUR COVERAGE FORM CAREFULLY TO DETERMINE YOUR RIGHTS, DUTIES, AND WHAT IS AND IS NOT COVERED. ONLY THE PROVISIONS OF YOUR COVERAGE FORM DETERMINE THE SCOPE OF YOUR INSURANCE PROTECTION. THIS COVERAGE FORM IS A CLAIMS -MADE AND REPORTED COVERAGE FORM WHICH PROVIDES COVERAGE ONLY IF A CLAIM IS MADE DURING THE POLICY PERIOD, THE 30 -DAY LIMITED REPORTING PERIOD OR THE OPTIONAL EXTENDED REPORTING PERIOD, IF PURCHASED. DEFINITIONS 1. Claim means: a. a written demand received by any Insured for money or services, including the service of a suit or institution of regulatory or arbitration proceedings; b. with respect to coverage provided under INSURING AGREEMENT I.C. only, institution of a Regulatory Proceeding against any Insured; and c. written request or agreement to toll or waive a statute of limitations relating to a potential Claim described in paragraph a. above. Multiple Claims arising from the same or a series of related or repeated acts, errors, or omissions, or from any continuing acts, errors, omissions, or from multiple Security Breaches arising from a failure of Computer Security, shall be considered a single Claim for the purposes of this Coverage Form, irrespective of the number of claimants or Insureds involved in the Claim. All such Claims shall be deemed to have been trade at the time of the first such Claim. 2. "Claims -made and reported coverage" means an insurance policy or Coverage Form that provides coverage only if a Claim is made during the Policy or Coverage Form Period or any applicable extended reporting period for an act, error or omission giving rise to a Claim that occurs after the Retroactive Date and before the end of the Policy or Coverage Form Period, provided that the Claim is reported to the Insurer in the manner and time period(s) set forth in the police. 3. "Optional Extended Reporting Period" means the period of time allowed for making Claims after the expiration of a claims -made Coverage Form. This is also known as a "tail". 4. "Occurrence coverage" means an insurance Coverage Form that provides liability coverage only for injure or damage that occurs during the Coverage Form term, regardless of when the Claim is actually made. A Claim made in the current Coverage Form year of an occurrence Coverage Form could be charged against a prior Coverage Form year, or may not be covered, if it arises from an occurrence prior to the effective date. YOUR COVERAGE FORM Your Coverage Form is a claims -made and reported Coverage Form. It provides coverage only for Claims made during the Coverage Form Period, the Limited Reporting Period or the Optional Extended Reporting Period, if applicable, for any negligent act, error or omission as provided for in I. INSURING AGREEMENTS of the Coverage Form occurring before or during the Coverage Form Period and reported to your Insurer prior to the end of the Coverage Form Period or the Extended Reporting Period, if applicable. The Optional Extended Reporting Period may be purchased if the Insurer or the Named Insured cancels or refuses to renew the Coverage Form. 28934 3-12 A8934101 Page 1 of 2 There is no difference in the kind of injury or damage covered by occurrence or claims -made policies. Claims for damages may be assigned to a different Coverage Form Period, however, depending on which type of Coverage Form you have. PRINCIPAL BENEFITS This Coverage Form provides for payment of Damages and Claims Expenses as defined in the Coverage Form, in excess of the retention amount up to the Limit of Liability specified in the Coverage Form. The principal benefits and coverages are explained in detail in your claims -made and reported Coverage Form. Please read it carefully and consult your insurance producer about any questions you might have. EXCEPTIONS, REDUCTIONS AND LIMITATIONS Your claims -made and reported Coverage Form contains certain exceptions, reductions and limitations. Please read them carefully and consult your insurance producer about any questions you might have. RENEWALS AND EXTENDED REPORTING PERIODS It is important for you to be certain that no gaps occur in your insurance coverage when policies are renewed or replaced. These gaps can occur in several ways, especial]), where a claims -made and reported Coverage Form replaces an occurrence Coverage Form, or vice versa, or where a replacement Coverage Form provides for a retroactive date. This Coverage Form has a Retroactive Date, as specified in the Declarations. We set forth below some of the most common causes of gaps in insurance coverage: 1. If youswitch from an occurrence Coverage Form to a claims -made Coverage Form, the coverage afforded by the new claims -made Coverage Form should begin to cover claims made immediately upon the expiration of the occurrence Coverage Form. This means that the retroactive date, if any, of the replacement Coverage Form should be no later than the expiration date of the occurrence Coverage Form. 2. When replacing a claims -made Coverage Form with another claims -made Coverage Form, you should consider the following: a. The retroactive date in the replacement Coverage Form, if any, should extend far enough back in time to cover any events with long periods of liability exposure, or b. If the retroactive date in the replacement claims -made Coverage Form does not extend far enough back in time to cover events with long periods of liability exposure, you should consider purchasing extended reporting period coverage under the old claims -made Coverage Form. 3. If you replace this claims -made and reported Coverage Form with an occurrence Coverage Form, die occurrence Coverage Form will not cover a Claim arising out of an act, error or omission occurring during the Coverage Form Period of this claims -made and reported Coverage Form and you may not have coverage for such a Claim unless you have purchased the Optional Extended Reporting Period. The extended reporting period coverage must be offered to you by law for at least one year after the expiration of the claims made Coverage Form at a premium not to exceed 20010 of your last Coverage Form premium. CAREFULLY REVIEW YOUR COVERAGE FORM REGARDING THE AVAILABLE EXTENDED REPORTING PERIOD COVERAGE, INCLUDING THE LENGTH OF COVERAGE, THE PRICE AND THE TIME PERIOD DURING WHICH YOU MUST PURCHASE OR ACCEPT ANY OFFER FOR EXTENDED REPORTING PERIOD COVERAGE. 25-8934 3-12 A8934102 Page 2 of 2 DECLARATIONS CYBER LIABILITY AND DATA BREACH EXPENSE (OVERAGE THIS IS CLAIMS MADE AND REPORTED COVERAGE. SUBJECT TO ITS TERMS, THE COVERAGE FORM APPLIES ONLY TO ANY CLAIM FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD OR THE EXTENDED REPORTING PERIOD, IF APPLICABLE, PROVIDED SUCH CLAIM IS REPORTED IN WRITING TO THE COMPANY AS SOON AS PRACTICABLE. WITHOUT NEGATING THE FOREGOING REQUIREMENTS, SUCH NOTICE OF CLAIM MUST ALSO BE REPORTED NO LATER THAN 30 DAYS AFTER THE END OF THE POLICY PERIOD OR, IF APPLICABLE, DURING THE OPTIONAL EXTENDED REPORTING PERIOD. AMOUNTS INCURRED AS CLAIMS EXPENSES, WHICH INCLUDES DEFENSE COSTS, SHALL REDUCE AND MAY EXHAUST THE LIMIT OF LIABILITY AND ARE SUBJECT TO THE RETENTIONS. THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIMS EXPENSES OR FOR ANY JUDGMENT OR SETTLEMENT AFTER THE LIMIT OF LIABILITY HAS BEEN EXHAUSTED. PLEASE READ THE COVERAGE FORM CAREFULLY AND DISCUSS THE COVERAGE WITH YOUR INSURANCE AGENT. Policy Number: 60550-91-91 Item 1. Named Insured: RIVERVIEW APTS PRESERVATION L Address: PO BOX 850 EAGLE CO 81631 Item 2. Policy Period: From: 01/04/14 To: 01/04/15 Both dates at 12:01 a.m. Local Time at the Address stated in Item 1. Item 3. Retroactive Date: 12/30/13 Item 4. Limit of Liability: $50,000 Coverage Form Aggregate Limit of Liability for Insuring Agreements I.A. (Information Security & Privacy Liability), I.B. $ (Privacy Breach Response Services), and I.C. (Regulator Defense & Penalties): Item 5. Retentions: A. Insuring Agreements I.A. (Information Security & PrivacZ Liability) and I.C. (Regulatory Defense & Penalties) - each $ 2500 Claim (includes Claims Expenses): B. Insuring Agreement I.B. (Privacy Breach Response Services) Each Incident, event or related incidents or events giving rise to coverage of Privacy Breach Response Services: $ 2500 Item 6. Notification under this coverage form: Help PointoClaim Services 500-435-7764 Item 7. Forms and endorsements at Inception: Refer to Policy Declaration, for applicable Cyber Liability 50,000 Policy forms and Endorsements section and Data Breach Expense Coverage Forms 56.5931 3.12 05931101 PAGE 1 OF 1 f� FA R M E R S j661 0 INSURANCE 1 st Edition CYBER LIABILITY AND DATA BREACH EXPENSE (OVERAGE FORM THIS IS A CLAIMS MADE AND REPORTED COVERAGE FORM. SUBJECT TO ITS TERMS, THIS COVERAGE FORM APPLIES ONLY TO ANY CLAIM FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD OR THE OPTIONAL EXTENDED REPORTING PERIOD, IF APPLICABLE, PROVIDED SUCH CLAIM IS REPORTED IN WRITING TO THE COMPANY DURING THE POLICY PERIOD OR THE OPTIONAL EXTENDED REPORTING PERIOD, IF APPLICABLE. AMOUNTS INCURRED AS CLAIMS EXPENSES, WHICH INCLUDES DEFENSE COSTS, SHALL REDUCE AND MAY EXHAUST THE LIMIT OF LIABILITY AND ARE SUBJECT TO THE RETENTIONS. THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIMS EXPENSES OR FOR ANY JUDGMENT OR SETTLEMENT AFTER THE LIMIT OF LIABILITY HAS BEEN EXHAUSTED. READ THIS COVERAGE FORM CAREFULLY TO DETERMINE THE EXTENT OF COVERAGE. Except as specifically set forth herein, the provisions of the policy to which this coverage form is attached shall not apply to this coverage form. Any words or phrases that appear in bold text (other than in headings and titles) shall have . special meaning applicable to this coverage form only. Refer to Section VI. DEFINITIONS. The Company agrees with the Named Insured: I. INSURING AGREEMENTS A. Information Security and Privacy Liability To patio on behalf of the Insured for: Damages and Claims Expenses, in excess of the retention, which the Insured shall become legally obligated to pay because of any Claim, including a Claim for violation of a Privacy Law, first made against any Insured during the Policy Period or Optional Extended Reporting Period, if applicable and reported in writing to the Company during the Policy Period or as otherwise provided in Clauses IX. WHEN COVERAGE IS PROVIDED and X. NOTICE OF CLAIM, LOSS OR CIRCUMSTANCE THAT MIGHT LEAD TO A CLAIM of this Coverage Form for: 1. Theft, loss, or Unauthorized Disclosure of Personally Identifiable Non -Public Information or Third Party Corporate Information that is in the care, custody or control of the Insured Organization, or a third party for whose theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information or Third Party Corporate Information the Insured Organization is legally liable (a third party shall include a Business Associate as defined bir the Health Insurance Portability and Accountability Act ("HIPAA"), provided such theft, loss or Unauthorized Disclosure first takes place on or after the Retroactive Date and before the end of the Policy Period; 2. One or more of the following acts or incidents that directly result from a failure of Computer Security to prevent a Security Breach, provided that such act or incident first tales place on or after the Retroactive Date and before the end of the Policy Period: (a) The alteration, corruption, destruction, deletion, or damage to a Data Asset stored on Computer Systems; (b) The failure to prevent transmission of Malicious Code from Computer Systems to Third Party Computer Systems; or (c) The participation by the Insured Organization's Computer System in a Denial of Service Attack directed against a Third Party Computer System; 90-6610 IST[DI]ION 3-12 16610101 PAGE 1 Or IS J6610•EDl 3. The Insured Organization's failure to timely disclose an incident described in Insuring Agreement I.A.I. or I.A.2. in violation of any Breach Notice Law; provided such incident giving rise to the Insured Organization's obligation under a Breach Notice Law must first take place on or after the Retroactive Date and before the end of the Policy Period; B. Privacy Breach Response Services To pay on behalf of the Insured Organization costs to provide Privacy Breach Response Services in excess of the retention because of an incident (or reasonably suspected incident) described in Insuring Agreement I.A.I. or I.A.2. that first takes place on or after the Retroactive Date and before the end of the Policy Period and is discovered by the Insured and is reported to the Company during the Policy Period or as otherwise provided for in Clauses IX. WHEN COVERAGE IS PROVIDED and X. NOTICE OF CLAIM, LOSS OR CIRCUMSTANCE THAT MIGHT LEAD TO A CLAIM of this Coverage Form. However, Privacy Breach Response Services shall not include any internal salary or overhead expenses of the Insured Organization. 1. Privacy Breach Response Services means the following: a. Services of a computer security expert to determine the existence and cause of any electronic data breach resulting in an actual or reasonably suspected theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information which may require the Insured Organization to comply with a Breach Notice Law and to determine the extent to which such information was accessed by an unauthorized person or persons; b. Services of an attorney to determine the applicability of and actions necessary= by the Insured Organization to comply with Breach Notice Laws due to an actual or reasonably suspected theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information; Solely with respect to coverage provided under this Insuring Agreement I.B.I.b., no retention will apply if the Insured (i) promptly notifies the Company of an actual or reasonably suspected theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information, (ii) uses an attorney recommended by the Company to determine the applicability of and actions necessary by the Insured Organization to comply with Breach Notice Laws, and (iii) uses service providers recommended by the Company for all other Privacy Breach Response Services covered under this Insuring Agreement I.B. c. Provision of notification to: (1) Individuals who are required to be notified by the Insured Organization under the applicable Breach Notice Law; and (2) In the Company's discretion, to individuals affected by an incident in which their Personally Identifiable Non -Public Information has been subject to theft, loss, or Unauthorized Disclosure in a manner which compromises the security or privacy of such individual by posing a significant risk of financial, reputational or other harm to the individual. 2. For incidents involving more than 250 Notified Individuals: Privacy Breach Response Services also means: a. Call Center Services to Notified Individuals; and b. Offer of a Credit Monitoring Product to Notified Individuals residing in the United States whose Personally Identifiable Non -Public Information was compromised or reasonably believed to be compromised as a result of theft, loss or Unauthorized Disclosure. To be covered, such offer must be provided in a mailed notification communication provided pursuant to Insuring Agreement I.B.I.c. above. However, if the Insured uses an attorney and other service providers recommended by the Company for all Privacy Breach Response Services in accordance with the second paragraph of Insuring Agreement I.B.I.b., then the threshold of 250 Notified Individuals set forth above shall not apply to the Credit Monitoring Product, but the monetary retention set forth in Item S.B. of the Declarations will continue to apply. 93.6610 1STEDITION 3.12 J6610102 PAGE 2 OF15 C. Regulatory Defense and Penalties To pay on behalf of the Insured for: Claims Expenses and Penalties in excess of the retention, which the Insured shall become legally obligated to pay because of any Claim in the form of a Regulatory Proceeding, first made against any Insured during the Policy Period or Optional Extended Reporting Period, if applicable and reported in writing to the Company during the Policy Period or as otherwise provided in accordance with Clause IX. WHEN COVERAGE IS PROVIDED and Clause X. NOTICE OF CLAIM, LOSS OR CIRCUMSTANCE THAT MIGHT LEAD TO A CLAIM during the Policy Period resulting from a violation of a Privacy Law and caused by an incident described in Insuring Agreement I.A.I., I.A.2. or LA.3. that first takes place on or after the Retroactive Date and before the end of the Policy Period. II. DEFENSE AND SETTLEMENT OF CLAIMS A. The Company shall have the right and duty to defend, subject to all the provisions, terms and conditions of this coverage form: 1. Any Claim against the Insured seeking Damages which are payable under the terms of this coverage form, even if any of the allegations of the Claim are groundless, false or fraudulent; and 2. Under Insuring Agreement I.C., any Claim in die form of a Regulatory Proceeding. B. The Limit of Liability available to pay Damages and Penalties shall be reduced and may be completely exhausted by payment of Claims Expenses. Damages, Penalties, and Claims Expenses shall be applied against the applicable retention payable by the Insured. III. THE INSURED AND THE INSURED ORGANIZATION As used throughout this coverage form, whether expressed in singular or plural, Insuredshall mean: A. The Named Insured and any subsidiaries for which the Named Insured has Management Control (and only during the time during which the Named Insured has Management Control) (together the "Insured Organization"); B. A director, officer or Manager of the Insured Organization, but only with respect to the performance of his or her duties as such on behalf of the Insured Organization; C. An employee (including a part time or temporary employee) of the Insured Organization, but only for work done while acting within the scope of his or her employment and related to the conduct of the Insured Organization's business; D. A principal if the Named Insured is a sole proprietorship, or a partner if the Named Insured is a partnership, but only with respect to the performance of his or her duties as such on behalf of the Insured Organization; E. Any person who previously qualified as an Insured under III.B., III.C. or III.D. above prior to the termination of the required relationship with the Insured Organization, but only with respect to the performance of his or her duties as such on behalf of the I nsured Organization; F. The estate, heirs, executors, administrators, assigns and legal representatives of any Insured in the event of such Insured's death, incapacity, insolvency or bankruptcy, but only to the extent that such Insured would otherwise be provided coverage under this Insurance; and G. The lawful spouse, including any natural person qualifying as a domestic partner under the provisions of any applicable federal, state, or local law in the United States, of any Insured, but solely by reason of any act, error or omission of an Insured other than such spouse or domestic partner. IV. TERRITORY The coverage provided by this coverage form applies to Claims made, acts committed, or Loss occurring anywhere in the world. 43.6610 1ST EDITION 3-12 /6610103 PAGE 3 Of 15 V. EXCLUSIONS The coverage under this coverage form does not apply to any Claim or Loss: A. For, arising out of or resulting from Bodily Injury or Property Damage; B. For, arising out of or resulting from any employer-employee relations, policies, practices, acts or omissions, or any actual or alleged refusal to employ any person, or misconduct with respect to employees, whether such Claim is brought by an employee, former employee, applicant for employment, or relative or domestic partner of such person; provided, however, that this exclusion shall not apply to an otherwise covered Claim under Insuring Agreement I.A.I., I.A.2., or LA.3. by a current or former employee of the Insured Organization; or to Privacy Breach Response Services involving current or former employees of the Insured Organization; C. For, arising out of or resulting from any actual or alleged act, error or omission or breach of duty by any director, officer or Manager in the discharge of their dung if the Claim is brought by the Named Insured, a subsidiary, or any principals, directors, officers, Managers, stockholders, members or employees of the Named Insured or a subsidiary in his or her capacity as such; D. For, arising out of or resulting from any contractual liability or obligation, or arising out of or resulting from breach of contract or agreement either oral or written, provided, however, that this exclusion will not apply: 1. Only with respect to the coverage provided by Insuring Agreement I.A.I., to any obligation of the Insured Organization to maintain the confidentiality or security of Personally Identifiable Non -Public Information or of Third Party Corporate Information; provided, however, that this exception shall not apply to fines, costs or other amounts an Insured is responsible to pay under a Merchant Services Agreement; or 2. To the extent the Insured would have been liable in the absence of such contract or agreement; E. For, arising out of or resulting from any actual or alleged antitrust violation, restraint of trade, unfair competition, or false or deceptive or misleading advertising or violation of the Sherman Antitrust Act, the Clayton Act, or the Robinson-Patman Act, as amended; F. For, arising out of or resulting from: 1. The actual or alleged unlawful collection, acquisition or retention of Personally Identifiable Non -Public Information or other personal information by, on behalf of, or with the consent or cooperation of the Insured Organization; or the failure to comply with a legal requirement to provide individuals with the ability to assent to or withhold assent (e.g. opt -in or opt -out) from the collection, disclosure or use of Personally Identifiable Non -Public Information; provided, that this exclusion shall not apply to the actual or alleged unlawful collection, acquisition or retention of Personally Identifiable Non -Public Information by a third parte committed without the knowledge of the Insured Organization; or 2. The distribution of unsolicited email, direct mail, or facsimiles, wire tapping, audio or video recording, or telemarketing, if such distribution, wire tapping or recording is done by or on behalf of the Insured Organization; G. For, arising out of or resulting from any act, error, omission, incident or failure of Computer Security, or Security Breach committed or occurring prior to the effective date of this coverage form: If any member of the Control Group on or before the earlier of (i) the effective date of this coverage form, or (ii) if the policy to which this coverage form is attached is a renewal, the effective date of the first policy issued by the Company to the Named Insured, provided that the policy to which this coverage form is attached is a continuous renewal or replacement and this coverage form was included on all such renewals or replacements, knew or could have reasonably foreseen that such act, error or omission, incident, failure of Computer Security, or Security Breach might be expected to be the basis of a Claim or Loss; or 90-6610 1ST EDITION 3-12 16610109 PAGE 4 OF 15 2. In respect of which any Insured has given notice of a circumstance, which might lead to a Claim or Loss, to the insurer of any other policy in force prior to the effective date of this coverage form; H. For, arising out of or resulting from any related or continuing acts, errors, omissions, incidents or events, where the first such act, error, omission, incident or event was committed or occurred prior to the Retroactive Date; I. For, arising out of, or resulting from any actual or alleged violation of 1. The Organized Crime Control Act of 1970 (commonly known as Racketeer Influenced and Corrupt Organizations Act or RICO), as amended; 2. Any actual or alleged violation of any securities law, regulation or legislation; 3. Any actual or alleged violation of the Fair Labor Standards Act of 1938, the National Labor Relations Act, the Worker Adjustment and Retraining Act of 1988, the Certified Omnibus Budget Reconciliation Act of 1985, the Occupational Safety and Health Act of 1970, each as or OPMF`lCir legislation similar to the above; Arising out of or resulting from any criminal, dishonest, fraudulent, or malicious act, error or omission, any intentional Security Breach, or intentional or knowing violation of the law, if committed by any present or former member of the Control Group, or by others if any present or former member of the Control Group colluded or participated in any such conduct or activity; K. For, arising out of, or resulting from any actual or alleged: 1. Infringement of patent or patent rights or misuse or abuse of patent; 2. Infringement of copyright; 3. Use or misappropriation of any ideas, trade secrets or Third Party Corporate Information (i) by, or on behalf of, the Insured Organization, or (ii) by any other person or entity if such use or misappropriation is done with the Imowledge, consent or acquiescence of a member of the Control Group; 4. Disclosure, misuse or misappropriation of any ideas, trade secrets or confidential information that came into the possession of any person or entity prior to the date the person or entinr became an employee, officer, director, Manager, principal, partner or subsidiary of the Insured Organization; or 5. Under Insuring Agreement I.A.2., theft of or Unauthorized Disclosure of a Data Asset; L. For, in connection with, or resulting from a Claim brought by or on behalf of the Federal Trade Commission, the Federal Communications Commission, or any other state, federal, local or foreign governmental entity, in such entity's regulatory or official capacity; provided, this exclusion shall not apply to an otherwise covered Claim under Insuring Agreement I.C. or to the providing of Privacy Breach Response Services under Insuring Agreement I.B. to the extent such services are legally required to comply with a Breach Notice Law; M. For, arising out of, or resulting from a Claim by or on behalf of one or more Insureds under this Insurance against any other Insured or Insureds under this Insurance; provided this exclusion shall not apply to an otherwise covered Claim under Insuring Agreement I.A.I., I.A.2., or I.A.3. made by a current or former employee of the Insured Organization; N. For, arising out of, or resulting from: 1. Any Claim made by any business enterprise in which any Insured has greater than a fifteen percent (15%) ownership interest or made by any parent company or other entity which owns more than fifteen percent (15%) of the Named Insured; or 2. The Insured's activities as a trustee, partner, member, Manager, officer, director or employee of any employee trust, charitable organization, corporation, company or business other than that of the Insured Organization; 93-6610 1ST EDITION 3.12 16610105 PAGE 5 OE 15 O. For, arising out of, or resulting from any of the following: (1) trading losses, trading liabilities or change in value of accounts; any loss, transfer or theft of monies, securities or tangible property of others in the care, custody or control of the Insured Organization; (2) the monetary value of any transactions or electronic fund transfers by or on behalf of the Insured which is lost, diminished, or damaged during transfer from, into or between accounts; or (3) the value of coupons, price discounts, prizes, awards, or any other valuable consideration given in excess of the total contracted or expected amount; P. For, arising out of, or resulting from the distribution, exhibition, performance, publication, display or broadcasting of content or material in broadcasts, publications, or advertising; Q Arising out of or resulting from, directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction of or datuage to property by or under the order of any government or public or local authority; R. Either in whole or in part, directly or indirectly arising out of or resulting from, or in consequence of, or in any way involving: 1. Asbestos, or any materials containing asbestos in whatever form or quantity; 2. The actual, potential, alleged or threatened formation, growth, presence, release or dispersal of any fungi, molds, spores or mycotoxins of any kind; any action taken by any party in response to the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of fungi, molds, spores or mycotoxins of any kind, such action to include investigating, testing for, detection of, monitoring of, treating, remediating or removing such fungi, molds, spores or mycotoxins; and any governmental or regulatory order, requirement, directive, mandate or decree that any party take action in response to the acatal, potential, alleged or threatened formation, growth, presence, release or dispersal of fungi, molds, spores or mycotoxins of any hind, such action to include investigating, testing for, detection of, monitoring of, treating, remediating or removing such fungi, molds, spores or mycotoxins; The Company will have no duty or obligation to defend any Insured with respect to any Claim or governmental or regulatory order, requirement, directive, mandate or decree which either in whole or in part, directly or indirectly, arises out of or results from or in consequence of, or in any way involves the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of any fungi, molds, spores or mycotoxins of any kind; 3. The existence, emission or discharge of any electromagnetic: field, electromagnetic radiation or electromagnetism that actually or allegedly affects the health, safety or condition of any person or the environment, or that affects the value, marketability, condition or use of any property; or 4. The actual, alleged or threatened discharge, dispersal, release or escape of Pollutants; or any governmental, judicial or regulatory directive or request that the Insured or anyone acting under the direction or control of the Insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize Pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant including gas, acids, alkalis, chemicals, heat, smoke, vapor, soot, fumes or waste. Waste includes but is not limited to materials to be recycled, reconditioned or reclaimed. VI. DEFINITIONS A. Bodily Injury means physical injury, sickness, disease or death of any person, including any mental anguish or ernotional distress resulting therefrom. B. Breach Notice Law means any United States federal, state, or territory statute or regulation that requires notice to persons whose Personally Identifiable Non -Public Information was accessed or reasonably may have been accessed by an unauthorized person. 93-6610 1ST EDITION 3-12 J6610106 PAGE 6 OE 15 Breach Notice Law also means a foreign statute or regulation that requires notice to persons whose Personally Identifiable Non -Public Information was accessed or reasonably may have been accessed by an unauthorized person; provided, however, that the Credit Monitoring Product provided by Insuring Agreement I.B.2.b. shall not apply to persons notified under Insuring Agreement I.B.I.c. pursuant to a foreign statute or regulation. C. Call Center Services means coverage for a call center to answer calls during standard business hours for a period of 90 days (or longer if required by applicable law or regulation) following the issuance of a notification communication pursuant to Insuring Agreement I.B.I.c. Such notification communication shall include a toll free telephone number that connects to the call center during standard business hours. Call center employees will answer questions about the incident from Notified Individuals and will provide information required by a HIPAA/Health Information Technology for Economic and Clinical Health Act ("HITECH") media notice or by other applicable law or regulation. Call Center Services will only be covered for incidents involving more than 250 Notified Individuals, subject also to satisfaction of the monetary retention set forth in Item 4.B. of the Declarations. D. Claim means: 1. A written demand received by any Insured for money or services, including the service of a suit or institution of regulatory or arbitration proceedings; 2. With respect to coverage provided under Insuring Agreement I.C. only, institution of a Regulatory Proceeding against any Insured; and. 3. A written request or agreement to toll or waive a statute of limitations relating to a potential Claim described in paragraph 1. above. Multiple Claims arising from the same or a series of related or repeated acts, errors, or omissions, or from any continuing acts, errors, omissions, or from multiple Security Breaches arising from a failure of Computer Security, shall be considered a single Claim for the purposes of this coverage form, irrespective of the number of claimants or Insureds involved in the Claim. All such Claims shall be deemed to have been made at the time of the first such Claim. E. Claims Expenses means: 1. Reasonable and necessary fees charged by an attorney designated by the Company; 2. All other legal costs and expenses resulting from the investigation, adjustment, defense and appeal of a Claim, suit, or proceeding arising in connection therewith, or circumstance which might lead to a Claim, if incurred by the Company, or by the Insured with the prior written consent of the Company; and 3. The premium cost for appeal bonds for covered judgments or bonds to release property used to secure a legal obligation, if required in any Claim against an Insured; provided the Company shall have no obligation to appeal or to obtain bonds. Claims Expenses do not include any salary, overhead, or other charges by the Insured for any time spent in cooperating in the defense and investigation of any Claim or circumstance that might lead to a Claim notified under this coverage form, or costs to comply with any regulatory orders, settlements or judgments. F. Computer Security means software, computer or network hardware devices, as well as the Insured Organization's written information security policies and procedures, the function or purpose of which is to prevent Unauthorized Access or Use, a Denial of Service Attack against Computer Systems, infection of Computer Systems by Malicious Code or transmission of Malicious Code from Computer Systems. Computer Security includes anti-virus and intrusion detection software, firewalls and electronic systems that provide access control to Computer Systems through the use of passwords, biometric or similar identification of authorized users. 93-6610 1ST FOITION 3-12 J6610107 PAGE 7 OF 15 G. Computer Systems means computers and associated input and output devices, data storage devices, networking equipment, and back up facilities: 1. Operated by and either owned by or leased to the I nsured Organization; or 2. Systems operated by a third party service provider and used for the purpose of providing hosted computer application services to the Insured Organization or for processing, maintaining, hosting or storing the Insured Organization's electronic data, pursuant to written contract with the Insured Organization for such services. H. Control Group means the individuals holding the following positions in the Insured Organization: President; members of the Board of Directors; executive officers, including the Chief Executive Officer, Chief Operating Officer, and Chief Financial Officer; General Counsel, staff attorneys employed by the Insured Organization; Chief Information Officer; Chief Security Officer; Chief Privacy_ Officer; Manager; and any individual in a substantially similar position as those referenced above, or with substantially similar responsibilities as those referenced above, irrespective of the exact title of such individual and any individual who previously held any of the above referenced positions. Credit Monitoring Product means a credit monitoring product that provides three -bureau daily credit monitoring and the following services to Notified Individuals who subscribe to the Credit Monitoring Product: 1. Access to their credit report from one of the three credit bureaus at the time of enrollment; 2. ID theft insurance for certain expenses resulting from identity theft; 3. Notification of a critical change to their credit that may indicate fraud (such as an address change, new credit inquiry, new account opening, posting of negative credit information such as late payments, and public record posting); and 4. Fraud resolution services if they become victims of identity theft as a result of the incident for which notification is provided pursuant to Insuring Agreement I.B.l.c. Each Notified Individual will have a period of up to 60 days from the mailing of the notification to enroll and the Credit Monitoring Product will be available for 12 months following the individual's enrollment. To be eligible, the individual must be an adult U.S. Citizen, must verify their identity, have a credit file on record, complete the enrollment process, and must agree to the terms of service of the Credit Monitoring Product. If the Credit Monitoring Product becomes commercially unavailable, it shall be substituted with a similar commercial product that provides individual credit monitoring for potential identity theft. Data Asset means any software or electronic data that exists in Computer Systems and that is subject to regular back up procedures, including computer programs, applications, account information, customer information, private or personal information, marketing information, financial information and any other information maintained by the Insured Organization in its ordinary course of business. K. Damages means a monetary judgment, award or settlement; provided that the term Damages shall not include or mean: 1. Future profits, restitution, disgorgement of unjust enrichment or profits by an Insured, or the costs of complying with orders granting injunctive or equitable relief; 2. Any damages which are a multiple of compensatory damages, fines, taxes or loss of tax benefits, sanctions or penalties; 3. Punitive or exemplary damages, unless insurable by law; 4. Discounts, coupons, prizes, awards or other incentives offered to the Insured's customers or clients; 5• Liquidated damages to the extent that such damages exceed the amount for which the Insured would have been liable in the absence of such liquidated damages agreement; or 93.6610 1ST EDITION 3.12 J6610108 PAGE 8 OF 15 6. Any amounts for which the Insured is not liable, or for which there is no legal recourse against the Insured. L. Denial of Service Attack means an attack intended by the perpetrator to overwhelm the capacity of a Computer System by sending an excessive volume of electronic data to such Computer System in order to prevent authorized access to such Computer System. M. Loss means Damages, Claims Expenses, Penalties, and Privacy Breach Response Services. N. Malicious Code means any virus, Trojan horse, worm or any other similar soft`vare program, code or script intentionally designed to insert itself into computer memory or onto a computer disk and spread itself from one computer to another. O. Management Control means: 1. Owning, directly or indirectly, more than 50 percent (50%) of the outstanding securities representing the present right to vote for the election of an entity's directors (in the case of a corporation), members of the board of managers (in the case of a limited liability company), management committee members (in the case of a joint venture or partnership) or persons serving in a functionally equivalent role for such an entity operating or organized outside of the United States; or 2. Having the right, pursuant to a written contract or the bylaws, charter, operating agreement or similar documents of an entity to elect, appoint or designate a majority of: the board of directors of a corporation; the management committee of a joint venture or partnership; the management board of a limited liability company; or persons serving in a functionally equivalent role for such an entity operating or organized outside of the United States. P. Manager means a manager of a limited liability company. Q Merchant Services Agreement means any agreement between an Insured and a financial institution, credit/debit card company, credit/debit card processor or independent service operator enabling an Insured to accept credit card, debit card, prepaid card, or other payment cards for payments or donations. R. Named Insured means the entity, or individual set forth in Item 1. of the Declarations. S. Notified Individual means an individual person to whom notice is given or attempted to be given under Insuring Agreement I.B.I.c.; provided any persons notified under a foreign Breach Notice Law shall not be considered Notified Individuals. T. Optional Extended Reporting Period means the period of time after the end of the Policy Period for reporting Claims as provided in Clause MD., Optional Extended Reporting Period, of this coverage form. U. Penalties means: 1. Any civil fine or money penalty payable to a governmental entity that was imposed in a Regulatory Proceeding by the Federal Trade Commission, Federal Communications Commission, or any other federal, state, local or foreign governmental entity, in such entity's regulatory or official capacity; and 2. Amounts which the Insured is legally obligated to deposit in a fund as equitable relief for the payment of consumer claims due to an adverse judgment or settlement of a Regulatory Proceeding (including such amounts required to be paid into a "Consumer Redress Fund"); but and shall not include payments to charitable organizations or disposition of such funds other than for payment of consumer claims for losses caused by an event covered by Insuring Agreements A. I., A.2. or A.3.; but shall not mean (a) costs to remediate or improve Computer Systems, (b) costs to establish, implement, maintain, improve or remediate security or privacy practices, procedures, programs or policies, (c) audit, assessment, compliance or reporting costs, or (d) costs to protect the confidentiality, integrity and/or security of Personally Identifiable Non -Public Information from theft, loss or disclosure, even if it is in response to a regulators, proceeding or investigation. 93-6610 1STEOITION 3.12 /6610109 PAGE 9 Of IS V. Personally Identifiable Non -Public Information means: I. Information concerning the individual that constitutes "nonpublic personal information" as defined in the Gramm -Leach Bliley Act of 1999, as amended, and regulations issued pursuant to the Act; 2. Medical or heath care information concerning the individual, including "protected health information" as defined in the Health Insurance Portability and Accountability Act of 1996, as amended, and regulations issued pursuant to die Act; 3. Information concerning the individual that is defined as private personal information under statutes enacted to protect such information in foreign countries, for Claims subject to the law of such jurisdiction; 4. Information concerning die individual that is defined as private personal information under a Breach Notice Law; or 5. The individual's drivers license or state identification number; social security number; unpublished telephone number; and credit, debit or other financial account numbers in combination with associated security codes, access codes, passwords or pins; if such information allows an individual to be uniquely and reliably identified or contacted or allows access to the individual's financial account or medical record information but does not include publicly available information that is lawfully made available to the general public from government records. W. Coverage Form Aggregate Limit of Liability means the aggregate Limit of Liability set forth in Item 4. of the Declarations. X. Policy Period means the policy period as set forth in Item 2. of the Declarations. Y. Privacy Law means a federal, state or foreign statute or regulation requiring the Insured Organization to protect the confidentiality and/or security of Personally Identifiable Non -Public Information. Z. Property Damage means physical injury to or destruction of any tangible property, including the loss of use thereof. AA. Regulatory Proceeding means a request for information, civil investigative demand, or civil proceeding commenced by service of a complaint or similar proceeding brought by or on behalf of the Federal Trade Commission, Federal Communications Commission, or any federal, state, local or foreign governmental entity in such entity's regulatory or official capacity in connection with such proceeding. BB. Retroactive Date mewls the date specified in Item 3. of the Declarations. CC. Security Breach means: 1. Unauthorized Access or Use of Computer Systems, including Unauthorized Access or Use resulting from the theft of a password from a Computer System or from any Insured; 2. A Denial of Service Attack against Computer Systems or Third Party Computer Systems; or 3. Infection of Computer Systems by Malicious Code or transmission of Malicious Code from Computer Systems, whether any of the foregoing is a specifically targeted attack or a generally distributed attack. A series of continuing Security Breaches, related or repeated Security Breaches, or multiple Security Breaches resulting from a continuing failure of Computer Security shall be considered a single Security Breach and be deemed to have occurred at the time of the first such Security Breach. 93.6610 1STEDITION 3-12 J661010A PAGE 10 OF15 DD. Third Party Computer Systems means any computer systems that are not owned, operated or controlled by an Insured; but does not include computer systems of a third party on which an Insured performs services. Computer systems include associated input and output devices, data storage devices, networking equipment, and back up facilities. EE. Third Party Corporate Information means any trade secret, data, design, interpretation, forecast, formula, method, practice, credit or debit card magnetic strip information, process, record, report or other item of information of a third party not insured under this coverage form which is not available to the general public and is provided to the Insured subject to a mutually executed written confidentiality agreement or which the Insured Organization is legally required to maintain in confidence; however, Third Party Corporate Information shall not include Personally Identifiable Non -Public Information. FF. Unauthorized Access or Use means the gaining of access to or use of Computer Systems by an unauthorized person or persons or the use of Computer Systems in art unauthorized manner. GG. Unauthorized Disclosure means the disclosure of or access to information in a manner that is not authorized by the Insured Organization and is without knowledge of, consent, or acquiescence of any member of the Control Group. VII. LIMIT OF LIABILITY AND COVERAGE A. The Coverage Form Aggregate Limit of Liability stated in Item 4. of the Declarations is the Company's combined total limit of liability for all Damages, Penalties, Privacy Breach Response Services, and Claims Expenses payable under this coverage form. The Coverage Form Aggregate Limit of Liability is in addition to the overall Limits of Insurance provided under the policy to which this coverage form is attached. Neither the inclusion of more than one Insured under this coverage form, nor the making of Claims by more than one person or entity shall increase the combined total limit of liability payable under this coverage form. B. The Company shall not be obligated to pay any Damages, Penalties, Privacy Breach Response Services or Claims Expenses, or to undertake or continue defense of any suit or proceeding, after the Coverage Form Aggregate Limit of Liability set forth in the Declarations has been exhausted by payment of Damages, Penalties, Privacy Breach Response Services, or Claims Expenses, or after deposit of the Coverage Form Aggregate Limit of Liability in a court of competent jurisdiction. Upon such payment, the Company shall have the right to withdraw from the further defense of any Claim under this coverage form by tendering control of said defense to the Insured. VIII. RETENTION A. The retention set forth in Item S.A. of the Declarations applies separately to each incident, event or related incidents or events, giving rise to a Claim. The retention shall be satisfied by monetary payments by the Named Insured of Damages, Claims Expenses or Penalties. B. The retention set forth in Item S.B. of the Declarations applies separately to each incident, event or related incidents or events, giving rise to a Claim or an obligation to provide Privacy Breach Response Services. The retention shall be satisfied by monetary payments by the Named Insured for the corresponding Privacy Breach Response Services. C. Satisfaction of the applicable retention is a condition precedent to the payment by die Company of any amounts hereunder, and the Company shall be liable only for the amounts in excess of such retention subject to the Company's total liabilio, not exceeding the Coverage Form Aggregate Limit of Liability. The Named Insured shall be responsible for all payments within the retention and shall make all such payments directly to the other parties designated by the Company. 93-6610 1STEDIPON 3-12 16610108 PAGE 11 OE 15 IX. WHEN COVERAGE IS PROVIDED A. This coverage form applies only to Claims first made or brought during the Policy Period and which are reported to the Company in accordance with the notice provisions as set forth in Clause X. NOTICE OF CLAIM, LOSS OR CIRCUMSTANCE THAT MIGHT LEAD TO A CLAIM. B. All Claims arising from the same or a series of related or repeated acts, errors, or omissions, or from any continuing acts, errors, omissions, or from multiple Security Breaches arising from a failure of Computer Security, shall be considered a single Claim for the purposes of this coverage form, irrespective of the number of claimants or Insureds involved in the Claim. All claims because of one failure of Computer Security to prevent a Security Breach will be considered to have been made or brought on the date that the first of diose Claims were first made or brought. C. Limited Reporting Period With respect to a Claim provided for under Insuring Agreement I.A., or an incident that gives rise to coverage under Insuring Agreement I.B., first made against an Insured during the Policy Period, the Insured shall report such Claim in accordance with Clause X. NOTICE OF CLAIM, LOSS OR CIRCUMSTANCE THAT MIGHT LEAD TO A CLAIM as soon as practicable, but in no event shall such notice be given later than 30 days after the Policy Period ends. D. Optional Extended Reporting Period 1. In the event of the termination of this coverage form for any reason except the non-payment of premium, the Named Insured designated in Item 1. of the Declarations shall have the right, in exchange for payment of an additional premimn, to have issued an endorsement providing an Optional Extended Reporting Period of up to 12 months for Claims first made against any Insured and reported to the Company during the Optional Extended Reporting Period, and arising out of any act, error or omission committed on or after the Retroactive Date and before the end of the Policy Period, subject to the conditions set forth herein. In order for the Named Insured to invoke the Optional Extended Reporting Period option, the payment of the additional premium for the Optional Extended Reporting Period must be paid to the Company within 30 days of the termination of this Insurance. If notice of election of the Optional Extended Reporting Period and full premium payment is not given to the Company within such 30 day period, there shall be no right to purchase the Optional Extended Reporting Period 2. The Limit of Liability for the Optional Extended Reporting Period shall be part of, and not in addition to, the Coverage Form Aggregate Limit of Liability for the Policy Period and the exercise of the Optional Extended Reporting Period shall not in any way increase the Coverage Form Aggregate Limit of Liability. The Optional Extended Reporting Period does not apply to Insuring Agreement I.B. 3. The right to the Optional Extended Reporting Period shall not be available to the Named Insured where the premium for the policy to which this coverage form is attached has not been paid in full, or where cancellation or non -renewal by the Company is due to non-payment of premium or failure of an Insured to pay such amounts in excess of the applicable limit of liability or within the amount of the retention. 4. The additional premium for a 12 month Optional Extended Reporting Period will be 100 percent (100%) of the premium charged for the last Policv Period. Once that premium is paid, the Optional Extended Reporting Period endorsement may not be cancelled, the entire premium shall be fully earned, and in the event the Named Insured terminates the Optional Extended Reporting Period for any reason prior to its natural expiration, the Company will not be liable to return any premium paid for the Optional Extended Reporting Period. 93-6610 1ST EDITION 3.12 J661010C PAGE 12 OF 15 X. NOTICE OF CLAIM, LOSS OR CIRCUMSTANCE THAT MIGHT LEAD TO A CLAIM A. If any Claim is made against the Insured, the Insured shall fonvard as soon as practicable to the Company, through persons named in Item 6. of the Declarations, written notice of such Claim together with every demand, notice, summons or other process received by the Insured or the Insured's representative. In no event shall such notice to the Company be later than the end of the Policy Period, or as othenvise provided for in Clause IX.C. Limited Reporting Period or Clause IX.D. Optional Extended Reporting Period. B. With respect to Insuring Agreement I.B., for the costs of any legal obligation to comply with a Breach Notice Law because of an incident described in Insuring Agreement I.A.I. or I.A.2., such incident must be reported as soon as practicable during the Policy Period, or as otherwise provided for in Clause IX.C. Limited Reporting Period or Clause IX.D. Optional Extended Reporting Period If this coverage form and the policy to which this coverage form is attached is renewed by the Company and Privacy Breach Response Services are provided because of such incident or suspected incident that was discovered by the Insured, and first reported during the Limited Reporting Period or Optional Fxtended Reporting Period, then any subsequent Claim arising out of such incident or suspected incident is deemed to have been made during the Policy Period. C. If during the Policy Period, the Insured first becomes aware of any circumstance that could reasonably be the basis for a Claim it maygive written notice to the Company through persons named in Item 6. of the Declarations as soon as practicable during the Policy Period Such a notice must include: 1. The specific details of the act, error, omission, or Security Breach that could reasonably be the basis for a Claim; 2. The injury or damage which may result or has resulted from the circumstance; and 3. The facts by which the Insured first became aware of the act, error, omission or Security Breach. Any subsequent Claim made against the Insured arising out of such circumstance which is the subject of the written notice will be deemed to have been made at the time written notice complying with the above requirements was first given to the Company. D. A Claim or legal obligation under paragraph A. or B. above shall be considered to be reported to the Company when written notice is first received by the Company through persons named in Item 6. of the Declarations of the Claim or legal obligation, or of an act, error, or omission, which could reasonably be expected to give rise to a Claim if provided in compliance with paragraph C. above. XI. ASSISTANCE AND COOPERATION A. The Compan} shall have the right to make any investigation it deems necessary, and the Insured shall cooperate with the Company in all investigations. The Insured shall execute or cause to be executed all papers and render all assistance as is requested by the Company. The Insured agrees not to take any action which in any way increases the Company's exposure under this coverage form. B. Upon the Company's request, the Insured shall assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indernnity against any person or organization who may be liable to the Insured because of acts, errors or omissions, incidents or events with respect to which insurance is afforded under this coverage form; and the Insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. 43.6610 1ST EDITION 3.12 J661010D PAGE 13 DF 1 S C. In connection with the Privacy Breach Response Services covered under Insuring Agreement I.B., the Insured must assist and cooperate with the Company and any third parties assisting with the provision of Privacy Breach Response Services. Such assistance and cooperation shall include, without limitation, responding to requests and inquiries in a timely manner and entering into contracts required for the provision of Privacy Breach Response Services. D. The Insured shall not admit liability, make any payment, assume any obligations, incur any expense, enter into any settlement, stipulate to any judgment or award or dispose of any Claim without the written consent of the Company. Compliance with a Breach Notice Law will not be considered as an admission of liability for purposes of this Clause XI.D. XII. MERGERS OR CONSOLIDATIONS If during the Policy Period the Named Insured consolidates or merges with or is acquired by another entity, or sells substantially all of its assets to any other entity, then this coverage form shall remain in full force and effect, but only with respect to a Security Breach, or other act or incidents that occur prior to the date of the consolidation, merger or acquisition. There shall be no coverage provided by this coverage form for any other Claim or Loss. XIII. ASSIGNMENT The interest hereunder of any Insured is not assignable. If the Insured shall die or be adjudged incompetent, such insurance shall cover the Insured's legal representative as the Insured as would be permitted under this coverage form. XIV. CANCELLATION The Named Insured may only cancel this polio, by mailing to the Company written notice stating when, not less than thirty (30) days thereafter such cancellation shall be effective. The Company may cancel this policy for any reason, including non-payment of premium, by mailing to the Named Insured at the address shown in the Declarations, written notice stating when, not less than ten (10) days thereafter, such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The effective date and hour of cancellation as stated in the notice shall become the end of the Policy Period. Delivery of such written notice shall be equivalent to mailing. If this policy is cancelled, the Company will send the Named Insured any unearned premium refund due. If the Company cancels, the refund will be pro rata Refund premium adjustments may be made at the time cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. If the Named Insured cancels, the refund may be less than pro rata The cancellation will be effective even if the Company has not made or offered a refund. However, premium shall be deemed fully earned if any Claim under this policy, is reported to the Company on or before the date of cancellation. XV. NONRENEWAL If the Company decides not to renew this policy, the Company will mail or deliver to the first Named Insured shown in the Declarations, written notice of the non -renewal not less than 60 days before the expiration date. If notice is mailed, proof of mailing will be sufficient notice of non -renewal. XVI. BANKRUPTCY Bankruptcy or insolvency_ of the Named Insured shall not relieve the Company of its obligations under this coverage form. 93.6610 1STEOITION 3.12 1661010E PAGE 14 OF 15 XVII. ACTION AGAINST THE COMPANY No action shall lie against the Company unless, as a condition precedent thereto, the Insured shall have fully complied with all terms of this coverage form nor until the amount of the Insured's obligation to pay shall have been fully and finally determined either by judgment against them or by written agreement between them, the claimant and the Company. Nothing contained herein shall give any person or organization any right to join the Company as a party to any Claim against the Insured to determine their liability, nor shall the Company be impleaded by die Insureds or their legal representatives in any Claim. XVIII. SUBROGATION In the event of any payment under this coverage form, the Company shall be subrogated to all the Insureds' rights of recovery therefore against any person or organization, and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing to prejudice such rights. Any recoveries shall be applied first to subrogation expenses, second to Damages, Penalties, Privacy Breach Response Services and Claims Expenses paid by the Company, and third to die retention. Any additional amounts recovered shall be paid to the Named Insured. 1:1►�►1n►�b1��71►f.Yf1N�I�7�.Y[l1�1►�11 The Named Insured shall be considered the agent of all Insureds, and shall act on behalf of all Insureds with respect to the giving of or receipt of all notices pertaining to this coverage form, and the Named Insured shall be responsible for the payment of all premiums and retentions. XX. ENTIRE AGREEMENT By acceptance of this coverage form, all Insureds agree that this coverage form embodies all agreements between them and the Company relating to this coverage form. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this coverage form or estop the Company from asserting any right under the terms of this coverage form; nor shall the terms of this coverage form be waived or changed, except by written endorsement issued to form a part of this coverage form, signed by the Company. 43.6610 1STEDITION 3-12 J66101OF PAGE 15 OE 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. f� FARM ERS s0755 INSURANCE COLORADO 1 st Edition COLORADO AMENDATORY ENDORSEMENT This endorsement modifies insurance provided under the following: CYBER LIABILITY AND DATA BREACH EXPENSE COVERAGE FORM I. IX. WHEN COVERAGE IS PROVIDED D. Optional Extended Reporting Period paragraph 1. is amended by deleting "30 days of the termination" and replacing it with "60 days of the termination" and by deleting "such 30 day period" and replacing it with "such 60 day period". 2. XIV. CANCELLATION is amended by deleting the first paragraph and replacing it with the following: The Named Insured may, only cancel this coverage form by mailing to the Company written notice stating when, not less than thirty (30) days thereafter such cancellation shall be effective. If this Coverage Form has been in effect for less than sixty (60) days and is not a renewal Coverage Form, the Company may cancel this Coverage Form for any reason. If this Coverage Form has been in effect for sixty (60) days or more or is a renewal Coverage Form, the Company may only cancel the Coverage Form for any of the following reasons: 1. nonpayment of premium; 2. a false statement knowingly made by the Insured on the Application for insurance; or 3. a substantial change in the exposure or risk other than that indicated in the Application and underwritten as of the effective date of the Coverage Form unless the Insured has notified the Company of the change and the Company accepts such change. If the Company cancels tlus Coverage Form for the reason set forth in 1. above, the Company shall mail by first class mail written notice of cancellation to the Named Insured at the address shown in Item 1. of the Declarations at least ten (10) days before the effective date of cancellation. If the Company cancels this Coverage Form for any of the reasons set forth in 2. or 3. above, the Company shall mail by first class mail written notice of cancellation to the Named Insured at the address shown in Item 1. of the Declarations at least forty-five (45) days before the effective date of cancellation. The notice of cancellation shall state the reason for cancellation. The mailing of such notice shall be sufficient notice and the effective date of cancellation stated in the notice shall become the end of the Coverage Form Period. 3. XV. NONRENEWAL is deleted and replaced with the following: If the Company decides not to renew this Coverage Form, or to condition renewal upon an increase in premium or decrease in the coverage benefits, the Company shall mail by first class mail written notice to the Named Insured, at the Named Insured's last known address, at least forty-five (45) days before the end of the Coverage Form Period. The notice of nonrenewal shall state the reason for nonrenewal. If the Company fails to give such timely notice, the Coverage Form shall be continued with no change in terms or conditions for a period of forty-five (45) days after the Company gives notice, with the premium for this period prorated based on the premium applicable to the existing Coverage Form. If the Company fails to give notice before the end of the Coverage Form Period, the Company shall be deemed to have renewed the Named Insured's Coverage Form for an identical Coverage Form Period at the same terms, conditions and premium as the existing Coverage Form. 4. The Coverage Form is amended by the addition of the following: XXI. RIGHT TO CLAIM INFORMATION Once an Insured has made a Claim during the Coverage Form Period, the Company must provide the Named Insured, within thirty (30) days of its request, sufficient information about closed or paid Claims made against the Insureds, Claims made against the Insureds for which the Company, has established reserves, and Claims made against the Insureds for which the Company has received notices of any negligent act, error or omission of the Insured in rendering or failure to render Professional Services, which could give rise to Claims, to allow the Insured to determine how much of the aggregate coverage remains available under the Coverage Form. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 90-0755 1 ST ED1110N 3-12 50755101 Poge 1 of I 50755 -EDI E3425 2nd Edition THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: APARTMENT OWNERS POLICY CONDOMINIUM POLICY Prem. Description No. of Property 001 BUILDING SCHEDULE* Loss Payee (Name & Address) ASST SECRETARY FOR HOUSING *SEE E0002 90 SOUTH SEVENTH STREET SUITE 4300 MINNEAPOLIS MN 55402 LOAN NO. 600001 Provision Applicable (Indicate Paragraph A, B or C) B The following is added to the applicable Property Coverage Form LOSS PAYMENT Loss Condition, as shown in the Declarations or by an "A," "B" or "C" in the Schedule: A. LOSS PAYABLE For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest, we will: 1. Adjust losses with you; and 2. Pay any claim for loss or damage jointly to you and the Loss Payee, as interests may appear. B. LENDER'S LOSS PAYABLE 1. The Loss Payee shown in the Schedule or in the Declarations is a creditor (including a mortgageholder or trustee) with whom you have entered a contract for the sale of Covered Property, whose interest in that Covered Property is established by such written contracts as: a. Warehouse receipts; b. A contract for deed; c. Bills of lading; or d. Financing statements. 2. For Covered Property in which both you and a Loss Payee have an insurable interest: a. We will pay for covered loss or damage to each Loss Payee in their order of precedence, as interests may appear. b. The Loss Payee has the right to receive loss payment even if the Loss Payee has started foreclosure for similar action on the Covered Property. c. If we deny your claim because of your acts or because you have failed to comply with the terms of this pol- icy, the Loss Payee will still have the right to receive loss payment if the Loss Payee: (1) Pays any premium due under this policy at our request if you have failed to do so; (2) Submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and (3) Has notified us of any change in ownership, occupancy or substantial change in risk known to the Loss Payee. All of the terms of the applicable Property Coverage Form will then apply directly to the Loss 91-3425, 2nd Edition 07/02 Includes Copyright material, Insurance Services Office, Inc., with its per- Pagel of 2 mission. d. If we pay the Loss Payee for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this policy: (1) The Loss Payee's rights will be transferred to us to the extent of the amount we pay; and (2) The Loss Payee's right to recover the full amount of the Loss Payee's claim will not be impaired. At our option, we may pay to the Loss Payee the whole principal on the debt plus any accrued interest. In this event, you will pay your remaining debt to us. *Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. 3. If we cancel this policy, we will give written notice to the Loss Payee at least: a. 10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 4. If we do not renew this policy, we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. C. CONTRACT OF SALE 1. The Loss Payee shown in the Schedule or in the Declarations is a person or organization you have entered a contract with for the sale of Covered Property. 2. For Covered Property in which both you and the Loss Payee have an insurable interest, we will: a. Adjust losses with you; and b. Pay any claim for loss or damage jointly to you and the Loss Payee, as interests may appear. 3. The following is added to the OTHER INSURANCE in the applicable Common Policy Conditions Form: For Covered Property that is the subject of a contract of sale, the word "you" includes the Loss Payee. 91-3425, 2nd Edition 07/02 Includes Copyright material, Insurance Services Office, Inc., with its Page 2 of 2 permission. E3424 3rd Edition APARTMENT OWNERS PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your' refer to the Named Insured shown in the Declarations. The words "we", "us" and "our' refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section H - PROPERTY DEFINITIONS. A. COVERAGE We will pay for direct physical loss of or damage to COVERED PROPERTY at the premises described in the Declarations caused by or resulting from any COVERED CAUSE OF LOSS. 1. COVERED PROPERTY COVERED PROPERTY, as used in this policy, means the type of property as described in this section, A.1.,and limited in A.2., PROPERTY NOT COVERED, if a Limit of Insurance is shown in the Declarations for that type of property. a. Buildings and structures at the premises described in the Declarations, including: (1) Completed additions; (2) Fixtures, including outdoor fixtures; (3) Permanently installed: (a) Machinery; and (b) Equipment; (4) Your personal property in apartments or rooms furnished by you as landlord; (5) Personal property owned by you that is used to maintain or service the buildings, structures or the premises, including: (a) Fire extinguishing equipment; (b) Outdoor furniture; (c) Floor coverings; and (d) Appliances used for refrigerating, ventilating, cooking, dishwashing or laundering; (6) If not covered by other insurance: (a) Additions under construction, alterations and repairs to the buildings or structures; (b) Materials, equipment, supplies and temporary structures, on or within 100 feet of the described premises, used for making additions, alterations or repairs to the buildings or structures. b. Business Personal Property located in or on the buildings at the described premises or in the open (or in a vehicle) within 100 feet of the described premises, including: (1) Property you own that is used in your business; (2) Property of others that is in your care, custody or control, except as otherwise provided in Loss Payment Property Loss Condition E.6.d.(3)(b); (3) Leased personal property for which you have a contractual responsibility to insure, unless otherwise provided for under Paragraph A.1.b.(2); (4) Electronic Data Processing Equipment (Hardware), including: 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Inc., Page 1 of 28 with their permission. (a) Programmable electronic equipment that is used to store, retrieve and process data; and (b) Associated peripheral equipment that provides communication including input and output functions such as printing, or auxiliary functions such as data transmission; except as described in (5) below. (5) Electronic Media and Records (including Software), including: (a) Electronic data processing, recording or storage media such as films, tapes, discs, drums or cells; (b) Data stored on such media; and (c) Programming records used for electronic data processing or electronically controlled equipment. 2. PROPERTY NOT COVERED COVERED PROPERTY does not include: a. Aircraft, automobiles, motortrucks and other vehicles subject to motor vehicle registration; b. "Money" or "securities" except as provided in the: (1) Money and Securities Optional Coverage; or (2) Employee Dishonesty Optional Coverage; c. Contraband, or property in the course of illegal transportation or trade; d. Land (including land on which the property is located), water, growing crops or lawns; e. Fences, walls, walks, pools, radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers, signs (other than signs attached to buildings), trees, shrubs or plants, all except as provided in the: (1) Outdoor Property Coverage Extension; or (2) Outdoor Signs Optional Coverage; or (3) Specified Property Optional Coverage f. Watercraft (including motors, equipment and accessories) while afloat; g. Property held as samples, held for rental or sale or that you rent to others; h. Property in storage away from the premises shown in the Declarations except as provided in the Coverage Extensions; L Electronic data processing equipment which is permanently installed or designed to be permanently installed in any aircraft, watercraft, motortruck or other vehicle subject to motor vehicle registration; or j. Accounts, bills, evidences of debt and valuable papers and records. However, such property is COVERED PROPERTY in its "converted data" form. 3. COVERED CAUSES OF LOSS Risks Of Direct Physical Loss unless the loss is: a. Excluded in Section B., EXCLUSIONS; or b. Limited in Paragraph A.4., LIMITATIONS; that follow. 4. LIMITATIONS a. We will not pay for loss of or damage to: (1) Steam boilers, steam pipes, steam engines or steam turbines caused by or resulting from any condition or event inside such equipment. But we will pay for loss of or damage to such equipment caused by or resulting from an explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. (2) Hot water boilers or other water heating .equipment caused by or resulting from any condition or event inside such boilers or equipment, other than an explosion. (3) Property that is missing, but there is no physical evidence to show what happened to it, such as 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 2 of 28 Inc., with their permission. shortage disclosed on taking inventory. This limitation does not apply to the Optional Coverage for Money and Securities. (4) Property that has been transferred to a person or to a place outside the described premises on the basis of unauthorized instructions. b. With respect to glass (other than glass building blocks) that is part of the interior of a building or structure, or part of an outdoor sign, we will not pay more than $500 for the total of all loss or damage in any one occurrence. Subject to the $500 limit on all loss or damage, we will not pay more than $100 for each plate, pane, multiple plate insulating unit, radiant or solar heating panel, jalousie, louver or shutter. This Limitation does not apply to loss or damage by the "specified causes of loss", except vandalism. c. We will not pay for loss of or damage to fragile articles such as glassware, statuary, marbles, chinaware and porcelains, if broken, unless caused by the "specified causes of loss" or building glass breakage. This restriction does not apply to: (1) Glass that is part of the interior of a building or structure; (2) Containers of property held for sale; or (3) Photographic or scientific instrument lenses. d. For loss or damage by theft, the following types of property are covered only up to the limits shown: (1) $2,500 for furs, fur garments and garments trimmed with fur. (2) $2,500 for jewelry, watches, watch movements, jewels, pearls, precious and semi-precious stones, bullion, gold, silver, platinum and other precious alloys or metals. This limit does not apply to jewelry and watches worth $100 or less per item. (3) $2,500 for patterns, dies, molds and forms. 5. ADDITIONAL COVERAGES a. Debris Removal (1) We will pay your expense to remove debris of COVERED PROPERTY caused by or resulting from a COVERED CAUSE OF LOSS that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the earlier of: (a) The date of direct physical loss or damage; or (b) The end of the policy period. (2) The most we will pay under this Additional Coverage is 25% of: (a) The amount we pay for the direct physical loss of or damage to COVERED PROPERTY; plus (b) The deductible in this policy applicable to that loss or damage. But this limitation does not apply to any additional debris removal limit provided in Paragraph (4) below. (3) This Additional Coverage does not apply to costs to: (a) Extract "pollutants" from land or water; or (b) Remove, restore or replace polluted land or water. (4) If: (a) The sum of direct physical loss or damage and debris removal expense exceeds the Limit of Insurance; or (b) The debris removal expense exceeds the amount payable under the 25% Debris Removal Coverage limitation in Paragraph (2) above; we will pay up to an additional $10,000 for each location in any one occurrence under the Debris Removal Additional Coverage. 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 3 of 28 Inc., with their permission. b. Preservation Of Property If it is necessary to move COVERED PROPERTY from the described premises to preserve it from loss or damage by a COVERED CAUSE OF LOSS, we will pay for any direct physical loss of or damage to that property: (1) While it is being moved or while temporarily stored at another location; and (2) Only if the loss or damage occurs within 30 days after the property is first moved. c. Fire Department Service Charge When the fire department is called to save or protect COVERED PROPERTY from a COVERED CAUSE OF LOSS, we will pay up to $1,000 for your liability for fire department service charges: (1) Assumed by contract or agreement prior to loss; or (2) Required by local ordinance. d. Collapse (1) With respect to buildings: (a) Collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose; (b) A building or any part of a building that is in danger of falling down or caving in is not considered to be in a state of collapse; (c) A part of a building that is standing is not considered to be in a state of collapse even if it has separated from another part of the building; (d) A building that is standing or any part of a building that is standing is not considered to be in a state of collapse even if it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion. (2) We will pay for direct physical loss or damage to COVERED PROPERTY, caused by collapse of a building or any part of building that is insured under this policy, if the collapse is caused by one or more of the following: (a) The "specified causes of loss" or breakage of building glass, all only as insured against in this policy; (b) Weight of people or personal property; (c) Weight of rain that collects on a roof; (d) Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation. However, if the collapse occurs after construction, remodeling or renovation is complete and is caused in part by a cause of loss listed in Paragraphs (a) through (c), we will pay for the loss or damage even if use of defective material or methods in construction, remodeling or renovation contributes to the collapse. The criteria set forth in Paragraphs (1)(a) through (1)(d) do not limit the coverage otherwise provided under this Additional Coverage for the causes of loss listed in Paragraphs (2)(a), (2)(c), and (2)(d). (3) With respect to the following property: (a) Awnings; (b) Gutters and downspouts; (c) Yard fixtures; (d) Outdoor swimming pools; (e) Piers, wharves and docks; (f) Beach or diving platforms or appurtenances; (g) Retaining walls; and (h) Walks, roadways and other paved surfaces; 91-3424, 3rd Edition 03102 Includes Copyright Material, Insurance Services Office, Page 4 of 28 Inc., with their permission. if the collapse is caused by a cause of loss listed in Paragraphs (2)(b) through (2)(d), we will pay for loss or damage to that property only if such loss or damage is a direct result of the collapse of a building insured under this policy and the property is COVERED PROPERTY under this policy. (4) If personal property abruptly falls down or caves in and such collapse is not the result of collapse of a building, we will pay for loss or damage to COVERED PROPERTY caused by such collapse of personal property only if: (a) The collapse was caused by a cause of loss listed in Paragraphs (2)(a) through (2)(d) of this Additional Coverage; (b) The personal property which collapses is inside a building; and (c) The property which collapses is not of a kind listed in Paragraph (3) above, regardless of whether that kind of property is considered to be personal property or real property. The coverage stated in this Paragraph (4) does not apply to personal property if marring and/or scratching is the only damage to that personal property caused by the collapse. Collapse of personal property does not mean cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion. (5) This Additional Coverage, Collapse, will not increase the Limits Of Insurance provided in this policy. e. Business Income (1) Business Income We will pay for the actual loss of Business Income you sustain due to the necessary suspension of your 'operations" during the "period of restoration". The suspension must be caused by direct physical loss of or damage to property at the described premises. The loss or damage must be caused by or result from a COVERED CAUSE OF LOSS. This coverage is subject to the Limits of Insurance shown in the Declarations for Business Income. With respect to the requirements set forth in the preceding paragraph, if you occupy only part of the site at which the described premises are located, your premises means: (a) The portion of the building which you rent, lease or occupy; and (b) Any area within the building or on the site at which the described premises are located, if that area services, or is used to gain access to, the described premises. We will only pay for loss of Business Income that you sustain during the "period of restoration" and that occurs within 12 consecutive months after the date of direct physical loss or damage. We will only pay for ordinary payroll expenses for 60 days following the date of direct physical loss or damage. Business Income means the: (a) Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred if no physical loss or damage had occurred, but not including any Net Income that would likely have been earned as a result of an increase in the volume of business due to favorable business conditions caused by the impact of the COVERED CAUSE OF LOSS on customers or on other businesses; and (b) Continuing normal operating expenses incurred, including payroll. Ordinary payroll expenses mean payroll expenses for all your employees except: (a) Officers; (b) Executives; (c) Department Managers; and (d) Employees under contract. 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 5 of 28 Inc., with their permission. Ordinary payroll expenses include: (a) Payroll; (b) Employee benefits, if directly related to payroll; (c) FICA payments you pay; (d) Union dues you pay; and (e) Workers' compensation premiums. (2) Extended Business Income If the necessary suspension of your 'operations" produces a Business Income loss payable under this policy, we will pay for the actual loss of Business Income you incur during the period that: (a) Begins on the date property except finished stock is actually repaired, rebuilt or replaced and "operations" are resumed; and (b) Ends on the earlier of: (i) The date you could restore your "operations", with reasonable speed, to the level which would generate the Business Income amount that would have existed if no direct physical loss or damage had occurred; or (ii) 30 consecutive days after the date determined in (2)(a) above. However, Extended Business Income does not apply to loss of Business Income incurred as a result of unfavorable business conditions caused by the impact of the COVERED CAUSE OF LOSS in the area where the described premises are located. Loss of Business Income must be caused by direct physical loss or damage at the described premises caused by or resulting from any COVERED CAUSE OF LOSS. This Additional Coverage is subject to the Limits of Insurance shown for Business Income in the Declarations. f. Extra Expense (1) We will pay necessary Extra Expense you incur during the "period of restoration" that you would not have incurred if there had been no direct physical loss or damage to property at the described premises. The loss or damage must be caused by or result from a COVERED CAUSE OF LOSS. With respect to loss of or damage to personal property in the open or personal property in a vehicle, the described premises include the area within 100 feet of the site at which the described premises are located. With respect to the requirements set forth in the preceding paragraph, if you occupy only part of the site at which the described premises are located, your premises means: (a) The portion of the building which you rent, lease or occupy; and (b) Any area within the building or on the site at which the described premises are located, if that area services, or is used to gain access to, the described premises. (2) Extra Expense means expense incurred: (a) To avoid or minimize the suspension of business and to continue "operations": (i) At the described premises; or (ii) At replacement premises or at temporary locations, including relocation expenses, and costs to equip and operate the replacement or temporary locations. (b) To minimize the suspension of business if you cannot continue "operations". (c) To: (i) Repair or replace any property; or (ii) Research, replace or restore the lost information on damaged "valuable papers and records" to the extent it reduces the amount of loss that otherwise would have been payable under this Additional Coverage or Additional Coverage e. Business Income. 91-3424, 3rd Edition 03102 Includes Copyright Material, Insurance Services Office, Page 6 of 28 Inc., with their permission. We will only pay for Extra Expense that occurs within 12 consecutive months after the date of direct physical loss or damage. This Additional Coverage is subject to the Limit of Insurance shown for Extra Expense shown in the Declarations g. Pollutant Clean Up And Removal We will pay your expense to extract "pollutants" from land or water at the described premises if the discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused by or results from a COVERED CAUSE OF LOSS that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the earlier of: (1) The date of direct physical loss or damage; or (2) The end of the policy period. The most we will pay for each location under this Additional Coverage is $10,000 for the sum of all such expenses arising out of COVERED CAUSE OF LOSS occurring during each separate 12 month period of this policy. h. Civil Authority We will pay for the actual loss of Business Income you sustain and necessary Extra Expense caused by action of civil authority that prohibits access to the described premises due to direct physical loss of or damage to property, other than at the described premises, caused by or resulting from any COVERED CAUSE OF LOSS. The coverage for Business Income will begin 72 hours after the time of that action and will apply for a period of up to three consecutive weeks after coverage begins. The coverage for necessary Extra Expense will begin immediately after the time of that action and ends: (1) 3 consecutive weeks after the time of that action; or (2) When your Business Income coverage ends; whichever is later. The definitions of Business Income and Extra Expense contained in the Business Income and Extra Expense Additional Coverages also apply to this Civil Authority Additional Coverage. The Civil Authority Additional Coverage is not subject to the Limits of Insurance. i. Money Orders And Counterfeit Paper Currency We will pay for loss due to the good faith acceptance of: (1) Any U.S. or Canadian post office, express company, or national or state (or Canadian) chartered bank money order that is not paid upon presentation to the issuer; or (2) Counterfeit United States or Canadian paper currency; in exchange for merchandise, "money' or services or as part of a normal business transaction. The most we will pay for any loss under this Additional Coverage is $1,000. j. Forgery And Alteration (1) We will pay for loss resulting directly from forgery or alteration of, any check, draft, promissory note, bill of exchange or similar written promise of payment in "money', that you or your agent has issued, or that was issued by someone who impersonates you or your agent. (2) If you are sued for refusing to pay the check, draft, promissory note, bill of exchange or similar written promise of payment in "money", on the basis that it has been forged or altered, and you have our written consent to defend against the suit, we will pay for any reasonable legal 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 7 of 28 Inc., with their permission. expenses that you incur in that defense. (%) The most wmwill pay for any loss, including legal expenses, under this Additional Coverage is k. Ordinance Or Law Coverage (1) Coverage 1 -Coverage For Loss to Undamaged Portion of the Building mStructure KaCOVERED CAUSE OFLOSS occurs Vucovered Building mStructure property, we will pay under Coverage 1for the loss invalue of the undamaged portion of the building mstructure asa consequence of enforcement of any ordinance or law that: (a) Requires the demolition of parts of the same property not damaged by a COVERED CAUSE OF LOSS; ' (b) Regulates the construction or repair o[b buildings or structures, ea. oreatab|ishemzon|ng orland use requirements at the described premises; and (c) Is in force at the time of loss. However: We will not pay for the Increased Cost 0[Construction (a) Until the property is actually repaired or replaced, at the same or another premises; and (b) Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage, not to exceed two years. We may extend this period in writing during the two years. |fthe building orstructure iarepaired orreplaced atthe same premises, orif you elect torebuild at another pmmiaee, the most we will pay for the Increased Cost Of Construction is the increased cost nfconstruction at the same premises. If the ordinance or law required relocation to another premiaee, the most we will pay for Increased Cost Of Construction is the increased cost of construction at the new premises. Coverage 1 is included within the Limit of Insurance shown in the Declarations as applicable to the covered Building or structure property. Coverage 1 does not increase the Limit of Insurance. (2) Coverage 2 - Demolition Cost Coverage If a COVERED CAUSE OF LOSS occurs to covered Building or Structure property, we will pay the cost to demolish and remove debris of undamaged parts of the property caused by enforcement of building, zoning or land use ordinance or law. Paragraph E.G.d.of the Property Loss Conditions does not apply to Demolition Cost Coverage. (3) Coverage 3 Increased Cost Of Construction Coverage If COVERED CAUSE OF LOSS occurs to the covered Building or Structure property, we will pay for the increased cost to: (a) Repair or reconstruct damaged portions of that Building or Structure property; and/or (b) Reconstruct or remodel undamaged portions of that Building or Structure property, or not demolition is required, when the increased cost is consequence cfenforcement of building, zoning orland use ordinance orlaw. (a)This coverage applies onlyUthe restored or remodeled property is intended for similar occupancy the current property, unless such occupancy is not permitted by zoning or land use ordinance orlaw. (b) We will not pay for the increased cost of construction if the building or structure is not 91'3424, 3rd Edition 0302 Includes Copyright Material, Insurance Services Office, Page of 28 repaired, reconstructed or remodeled. Paragraph E.6.d. of the Property Loss Conditions does not apply to the Increased Cost of Construction Coverage. (4) This Additional Coverage applies only to building or structure property insured on a replacement cost basis. (6) Under this Additional Coverage, we will not pay any costs due to an ordinance or law that: (a) You were required to comply with before the loss, even when the building or structure was undamaged; and (b) You failed to comply with. (6) Under this Additional Coverage, we will not pay any costs associated with the enforcement of an ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants". (7) The most we will pay under this Additional Coverage, for each described building or structure insured under this Coverage Form, is the Ordinance or Law Coverage Limit of Insurance shown in the Declarations. (8) The costs addressed in the Loss Payment Property Loss Condition in this Coverage Form do not include the increased cost attributable to enforcement of an ordinance or law. The amount payable under this Additional Coverage, as stated in 1.(7) of this Additional Coverage, is not subject to such limitation. 1. Exterior Building Glass (1) We will pay for direct physical loss of or damage to glass, including lettering or ornamentation, that is part of the exterior of a covered building or structure at the described premises. The glass must be owned by you, or owned by others but in your care, custody or control. We will also pay for necessary: (a) Expenses incurred to put up temporary plates or board up openings; (b) Repair or replacement of encasing frames; and (c) Expenses incurred to remove or replace obstructions. (2) Paragraph A.3., COVERED CAUSES OF LOSS and Section B., EXCLUSIONS do not apply to this Additional Coverage, except for: (a) Paragraph B.1.a., Earth Movement; (b) Paragraph B.1.b., Governmental Action; (c) Paragraph B.1.c., Nuclear Hazard; (d) Paragraph B.1.e., War And Military Action; and (e) Paragraph B.1.f., Water. (3) We will not pay for loss or damage caused by or resulting from: (a) Wear and tear; (b) Hidden or latent defect; (c) Corrosion; or (d) Rust. (4) The most we pay under this Additional Coverage is the Building Limit of Insurance shown in the Declarations. However, if you are a tenant and no Limit of Insurance is shown in the Declarations for building property, the most we will pay under this Additional Coverage is the Tenant's Exterior Building Glass Limit of Insurance shown in the Declarations. m. Crime Conviction Reward We will pay an crime conviction reward to a person or persons (not to include the Named Insured or 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 9 of 28 Inc., with their permission. any person responsible in any way for the subject crime) providing information which leads to a conviction in connection with a crime loss or damage covered by this policy. The amount of the reward will be equal to the amount of the covered crime loss, however, in no event will the amount of the reward exceed $5,000 for any one crime occurrence. This limit applies per crime occurrence regardless of the number of persons providing information. No deductible applies to this Additional Coverage. n. Master Key Coverage We will pay up to the limits shown in the Declarations for the necessary replacement of locks and keys when a key is lost or stolen. No deductible applies to this Additional Coverage. o. Fire Extinguisher Recharge Coverage We will pay up to $2,500 per occurrence for the necessary costs to recharge or replace (whichever is less) fire extinguishers owned by the insured that are discharged as a result of extinguishing a covered fire which occurs at a location shown in the Declarations. No deductible applies to this Additional Coverage. 6. COVERAGE EXTENSIONS In addition to the Limits of Insurance, you may extend the insurance provided by this policy as provided below. Except as otherwise provided, the following Extensions apply to property located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the described premises, unless a higher Limit of Insurance is shown in the Declarations. a. Newly Acquired Or Constructed Property (1) You may extend the insurance that applies to Building(s) to apply to: (a) Your new buildings while being built on the described premises; and (b) Buildings you acquire at locations, other than the described premises, intended for: (i) Similar use as the building described in the Declaration; (ii) Use as a warehouse. The most we will pay for loss or damage under this Extension is the Limit of Insurance shown in the Declarations for Newly Acquired Or Constructed Property. (2) Coverage under this Extension for each newly acquired or constructed building will end upon the first to occur of the following: (a) This policy expires or is terminated. (b) The thirtieth day after you acquire or begin to construct the property; or (c) You request that the subject building be covered under the policy. We will charge you additional premium from the date construction begins or you acquire the property. Deductible The deductible applicable to and shown in the Declarations for Building(s) applies to each loss under this Extension. 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 10 of 28 Inc., with their permission. b. Personal Property At Newly Acquired Premises (1) You may extend the insurance that applies to Business Personal Property to apply to that property at any premises you acquire. The most we will pay for loss or damage under this Extension is the Limit of Insurance shown in the Declarations as Personal Property At Newly Acquired Premises. (2) Insurance under this Extension for each newly acquired premises will end when any of the following first occurs: (a) This policy expires; (b) 30 days expire after you acquire or begin construction at the new premises; or (c) You report values to us. We will charge you additional premium for values reported from the date you acquire the premises. c. Personal Property Off Premises You may extend the insurance that applies to Business Personal Property to apply to covered Business Personal Property, other than "money" and "securities", "valuable papers and records" or accounts receivable, while it is in the course of transit or temporarily at a premises you do not own, lease or operate. This Coverage Extension includes duplicate or back-up electronic media and records that are stored at a separate location which is at least 100 feet from the premises described in the Declarations. The most we will pay for loss or damage under this Extension is $5,000. d. Outdoor Property You may extend the insurance provided by this policy to apply to your radio and television antennas (including satellite dishes), signs (other than signs attached to buildings), trees, shrubs and plants, including debris removal expense, caused by or resulting from any of the following causes of loss: (1) Fire; (2) Lightning; (3) Explosion; (4) Riot or Civil Commotion; or (5) Aircraft. The most we will pay for loss or damage under this Extension is the Limit of Insurance shown in the Declarations for Outdoor Property, but not more than $500 for any one tree, shrub or plant. e. Personal Effects You may extend the insurance that applies to Business Personal Property to apply to personal effects owned by you, your officers, your partners or your employees. This extension does not apply to: (1) Tools or equipment used in your business; or (2) Loss or damage by theft. The most we will pay for loss or damage under this Extension is $2,500 at each described premises. f. "Valuable Papers And Records" (1) You may extend the insurance that applies to Business Personal Property to apply to direct physical loss or damage to "valuable papers and records" that you own, or that are in your care, custody or control caused by or resulting from a COVERED CAUSE OF LOSS. This Coverage Extension includes the cost to research lost information on "valuable papers and records" for 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 11 of 28 Inc., with their permission. which duplicates do not exist. (2) This Coverage Extension does not apply to: (a) Property held as samples or for delivery after sale; (b) Property in storage away from the premises shown in the Declarations. (3) The most we will pay under this Coverage Extension for loss or damage to "valuable papers and records" in any one occurrence at the described premises is $5,000, unless a higher Limit of Insurance for "valuable papers and records" is shown in the Declarations. For "valuable papers and records" not at the described premises, the most we will pay is $2,500. (4) Section B. EXCLUSIONS of this Coverage Form does not apply to this Coverage Extension except for: (a) Paragraph 13.1.b., Governmental Action; (b) Paragraph 13.1.c., Nuclear Hazard; (c) Paragraph B.1.e., War And Military Action; (d) Paragraph 13.2.f., Dishonesty; (e) Paragraph 13.2.g., False Pretense; (f) Paragraph 13.3.; and (g) The Accounts Receivable and "Valuable Papers And Records" Exclusions. g. Accounts Receivable (1) You may extend the insurance that applies to Business Personal Property to apply to accounts receivable. We will pay: (a) All amounts due from your customers that you are unable to collect; (b) interest charges on any loan required to offset amounts you are unable to collect pending our payment of these amounts; (c) Collection expenses in excess of your normal collection expenses that are made necessary by loss or damage; and (d) Other reasonable expenses that you incur to re-establish your records of accounts receivable; that result from direct physical loss or damage by any COVERED CAUSE OF LOSS to your records of accounts receivable. (2) The most we will pay under this Coverage Extension for loss or damage in any one occurrence at the described premises is $5,000, unless a higher Limit of Insurance for Accounts Receivable is shown in the Declarations. For accounts receivable not at the described premises, the most we will pay is $2,500. (3) Section B. EXCLUSIONS of this Coverage Form does not apply to this Coverage Extension except for: (a) Paragraph 13.1.b., Governmental Action; (b) Paragraph 13.1.c., Nuclear Hazard; (c) Paragraph B.1.e., War And Military Action; (d) Paragraph 13.2.f., Dishonesty; (e) Paragraph 13.2.g., False Pretense; (f) Paragraph 13.3.; and (g) The Accounts Receivable and "Valuable Papers And Records" Exclusions. h. Mechanical Breakdown Of Electronic Data Processing Equipment We will pay for loss or damage to COVERED PROPERTY due to mechanical breakdown if such loss or damage exceeds in any one occurrence the applicable deductible shown in the Declarations. We will then pay the amount of loss or damage in excess of the deductible up to the applicable Limit 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 12 of 28 Inc., with their permission. of Insurance for the COVERED PROPERTY. This Coverage Extension is included within the Limit of Insurance applying to Electronic Data Processing Equipment at the described premises. The Electrical Apparatus Exclusion B.1.d, B.2.a, B.2.c., 13.2.d., B.2.i., B.2.k.(3),(4) and (5) and B.3.b. does not apply to this Coverage Extension. i. Artificially Generated Electrical Current We will pay for loss or damage to Electronic Data Processing Equipment due to artificially generated electrical current if such loss or damage is caused by or results from: (1) An occurrence that took place within 100 feet of the described premises; or (2) Interruption of electronic power supply, power surge, blackout or brownout if the cause of such occurrence took place within 100 feet of the described premises. If such loss or damage as specified above, exceeds in any one occurrence the applicable deductible shown in the Declarations, we will then pay the amount of loss or damage in excess of the deductible up to the applicable Limit of Insurance for the Equipment. This Coverage Extension is included within the Limit of Insurance applying to Electronic Data Processing Equipment at the described Location. The Electrical Apparatus Exclusion B.1.d, B.2.a, B.2.c., B.2.d., B.2.i., B.2.k.(3),(4) and (5) and B.3.b. does not apply to this Coverage Extension. B. EXCLUSIONS 1. We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Earth Movement (1) Any earth movement (other than sinkhole collapse), such as an earthquake, landslide, mine subsidence or earth sinking, rising or shifting. But if earth movement results in fire or explosion, we will pay for the loss or damage caused by that fire or explosion. (2) Volcanic eruption, explosion or effusion. But if volcanic eruption, explosion or effusion results in fire, building glass breakage or volcanic action, we will pay for the loss or damage caused by that fire, building glass breakage or volcanic action. Volcanic action means direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by: (a) Airborne volcanic blast or airborne shock waves; (b) Ash, dust, or particulate matter; or (c) Lava flow. All volcanic eruptions that occur within any 168 hour period will constitute a single occurrence. Volcanic action does not include the cost to remove ash, dust or particulate matter that does not cause direct physical loss of or damage to COVERED PROPERTY. b. Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for loss or damage caused by or resulting from acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread, if the fire would be covered under this policy. c. Nuclear Hazard Nuclear reaction or radiation, or radioactive contamination, however caused. 91-3424, 3rd Edition 03102 Includes Copyright Material, Insurance Services Office, Page 13 of 28 Inc., with their permission. But if nuclear reaction or radiation, or radioactive contamination, results in fire, we will pay for the loss or damage caused by that fire. d. Power Failure The failure of power or other utility service supplied to the described premises, however caused, if the failure occurs away from the described premises. But if failure of power or other utility service results in a COVERED CAUSE OF LOSS, we will pay for the loss or damage caused by that COVERED CAUSE OF LOSS. e. War And Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. f. Water, Mudslide Or Mudflow (1) We will not pay for loss or damage caused directly or indirectly by any of the following: (a) Water, in any form; or (b) Mudslide or mudflow Such loss or damage is excluded (including but not limited to rust, wet or dry rot or fungi) regardless of any other cause or event that contributes concurrently or in any sequence to the loss. (2) However, we will pay for loss or damage, not otherwise excluded, but not for any other resulting damage, caused by: (a) Sudden and accidental discharge or leakage of water or steam as a direct result of the breaking apart or cracking of any part of a system or appliance (other than a sump system including its related equipment and parts) containing water or steam. We will also pay the cost to tear out and replace any part of the building or structure to repair damage to the system or appliance from which the water or steam escapes. We will not pay the cost to repair any defect that caused the loss or damage; but we will pay the cost to repair or replace damaged parts of fire extinguishing equipment if the damage: (i) Results in discharge of any substance from an automatic fire protection system; or (ii) Is directly caused by freezing. (b) Water damage to the interior of any building or structure caused by or resulting from rain, snow, sleet, ice, sand or dust, whether driven by wind or not, if: (i) The building or structure first sustains damage by a COVERED CAUSE OF LOSS to its roof or walls through which the rain, snow, sleet, ice, sand or dust enters; or (ii) The loss or damage is caused by or results from thawing of snow, sleet or ice on the building or structure. (c) Water, other liquids, powder, molten material leaking or flowing from plumbing, heating, air conditioning or other equipment caused by or resulting from freezing, only if: (i) You have taken all necessary measures to maintain heat in the building or structure; or (ii) You drain the equipment and shut off the supply if the heat is not maintained. (d) Hail damage to the exterior of the building or structure. (e) Water when used to suppress fire. 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 14 of 28 Inc., with their permission. With respect to 2.(a), (b) and (c), we will not pay for loss or damage that occurs over a period of 14 days or more. But if loss or damage causes fire or explosion, we will pay for the loss or damage caused by the fire or explosion. g. Asbestos (1) Loss or damage arising out of, resulting from, caused by, contributed to or aggravated by asbestos or exposure to asbestos; (2) Any loss, cost, expense, request, demand, order, claim or suit to test for, monitor, clean up, remove, abate, mitigate, contain, treat, detoxify, neutralize, dispose of or in any way respond to or assess the effects of asbestos or exposure to asbestos. (3) Any supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with the above; and (4) Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage. 2. We will not pay for loss or damage caused by or resulting from any of the following: a. Electrical Apparatus Artificially generated electrical current, including electric arcing, that disturbs electrical devices, appliances or wires. But if artificially generated electrical current results in fire, we will pay for the loss or damage caused by fire. b. Consequential Losses Delay, loss of use or loss of market. c. Smoke, Vapor, Gas Smoke, vapor or gas from agricultural smudging or industrial operations. d. Steam Apparatus Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control. But if explosion of steam boilers, steam pipes, steam engines or steam turbines results in fire or combustion explosion, we will pay for the loss or damage caused by that fire or combustion explosion. We will also pay for loss or damage caused by or resulting from the explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. e. Dishonesty Dishonest or criminal acts by you, anyone else with an interest in the property, or any of your or their partners, employees, directors, trustees, authorized representatives or anyone to whom you entrust the property for any purpose: (1) Acting alone or in collusion with others; (2) Whether or not occurring during the hours of employment. This exclusion does not apply to acts of destruction by your employees; but theft by employees is not covered. With respect to accounts receivable and "valuable papers and records", this exclusion does not apply to carriers for hire. f. False Pretense Voluntary parting with any property by you or anyone else to whom you have entrusted the property 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 15 of 28 Inc., with their permission. if induced to do so by any fraudulent scheme, trick, device or false pretense. g. Exposed Property Rain, snow, ice or sleet to personal property in the open. h. Collapse Collapse, except as provided in the Additional Coverage for Collapse. But if collapse results in a COVERED CAUSE OF LOSS, we will pay for the loss or damage caused by that COVERED CAUSE OF LOSS. i. Pollution We will not pay for loss or damage caused by or resulting from or contributed to: The discharge, dispersal, seepage, migration, release or escape of "pollutants" unless the discharge, dispersal, seepage, migration, release or escape is itself caused by any of the "specified causes of loss". But if the discharge, dispersal, seepage, migration, release or escape of "pollutants" results in a "specified cause of loss", we will pay for the loss or damage caused by that "specified cause of loss"; j. Other Types Of Loss (1) Wear and tear; (2) Rust, corrosion, fungus, decay, deterioration, hidden or latent defect or any quality in property that causes it to damage or destroy itself; (3) Smog; (4) Settling, cracking, shrinking or expansion; (5) Nesting or infestation, or discharge or release of waste products or secretions, by insects, birds, rodents or other animals; (6) Mechanical breakdown, including rupture or bursting caused by centrifugal force; or (7) The following causes of loss to personal property: (a) Dampness or dryness of atmosphere or changes in or extremes of temperature, unless such conditions result from physical damage caused by a COVERED CAUSE OF LOSS to an air conditioning unit or system, including equipment and parts, which is part of, or used with the electronic data processing equipment. (b) Marring or scratching. But if an excluded cause of loss that is listed in 13.2.j.(1) through B.2.j.(7) results in a "specified cause of loss" or building glass breakage, we will pay for the loss or damage caused by that "specified cause of loss" or building glass breakage. 3. We will not pay for loss or damage caused by or resulting from any of the following 13.3.a. through 13.3.c. But if an excluded cause of loss that is listed in 13.3.a. through B.3.c. results in a COVERED CAUSE OF LOSS, we will pay for the loss or damage caused by that COVERED CAUSE OF LOSS. a. Weather Conditions Weather Conditions. But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in Paragraph 1. above to produce the loss or damage. b. Acts Or Decisions Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. c. Negligent Work Faulty, inadequate or defective: (1) Planning, zoning, development, surveying, siting; 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 16 of 28 Inc., with their permission. (2) Design, specifications, workmanship, repair, oonstruction, nenovation, remodeling, grading, (3) Materials used in repair, uonstmotion, renovation orremodeling; or (4) Maintenance; ofpart mall ofany property nnmoff the described premises. 4.Business Income And Extra Expense Exclusions We will not pay for: a. Any Extra Expenae, or increase of Business Income loaa, caused by or resulting from: (1) Delay in rebuilding, repairing or replacing the property or resuming "operations", due to interference at the location of the rebuilding, repair or replacement uystrikers mother persons; or (2) Suspension,of any |iconoe, lease orcontract. But if the suspension, lapse or cancellation is directly caused by the suspension of "operations", we will cover such loss that affects your Business Income during the "period of restoration". b. Any other consequential loss. S'Accounts Receivable And "Valuable Papers And Records" Exclusions The following additional exclusions apply tothe Accounts Receivable and "Valuable Papers And Records" Coverage Extensions: a.VVewill not pay for loss ordamage caused byorresulting from electrical or magnetic irjury, disturbance or erasure of electronic recordings that is caused by or esu!ba from: 1 Programming onnre or faulty machine instructions; (2) Faulty installation or maintenance of data processing equipment or component parts; But wewill pay for direct loss nrdamage caused by lightning. b. Applicable to "Valuable Papers and Records" only: We will not pay for loss or damage caused bynrresulting from any of the following: (1) Errors momissions in processing or copying.But iferrors momissions in processing or copying results in fire or explosion, we will pay for the direct loss or damage caused by that fire or explosion. (2)Wear and tear, gradual deterioration or latent defect. c. Applicable toAccounts Receivable only: We will not pay for: (1) Loss or damage caused by or resulting from alteration, falsification, concealment or destruction of records of accounts receivable done to conceal the wrongful giving, taking or withholding of ,.money', "securities" or other property. This exclusion applies only to the extent of the wrongful giving, taking mwithholding. (2) Loss or damage caused byorresulting from bookkeepng, accounting or billing errors or omissions. (3) Any loss or damage that requires any audit of records or any inventory computation to prove its factual existence. G.Electronic Data Processing Equipment And Media Vewill not pay for loss mdamage caused bymresulting from any of the following: 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 17mf2O a. Human errors or omissions in processing, recording or storing information on electronic media and records and electronic data processing equipment. But we will pay for direct loss or damage caused by resulting fire or explosion. b. Electrical or magnetic injury, disturbance or erasure of electronic recordings, except as provided for under Coverage Extensions. But we will pay for direct loss or damage caused by lightning. c. Failure, breakdown or malfunction of electronic media and records and electronic data processing equipment, including parts, while the media is being run through the equipment. But we will pay for direct loss or damage caused by resulting fire or explosion. d. Installation, testing, repair or other similar service performed upon the electronic data processing media and records or electronic data processing equipment, including parts. C. LIMITS OF INSURANCE 1. The most we will pay for loss or damage in any one occurrence is the applicable Limit of Insurance shown in the Declarations. 2. The most we will pay for loss of or damage to outdoor signs attached to buildings is $1,000 per sign in any one occurrence. 3. The limits applicable to the Coverage Extensions and the Fire Department Service Charge and Pollutant Clean Up and Removal Additional Coverages are in addition to the Limits of Insurance. 4. Building Limit - Automatic Increase a. The Limit of Insurance for Buildings will automatically increase by the annual percentage shown in the Declarations. b. The amount of increase will be: (1) The Building limit that applied on the most recent of the policy inception date, the policy anniversary date, or any other policy change amending the Building limit, times (2) The percentage of annual increase shown in the Declarations, expressed as a decimal (example: 8% is .08), times (3) The number of days since the beginning of the current policy year of the effective date of the most recent policy change amending the Building limit, divided by 365. Example: If: The applicable Building limit is $100,000. The annual percentage increase is 8%. The number of days since the beginning of the policy year (or last policy change) is 146. The amount of increase is $100,000 x .08 x 146 Divided By 365 = $3,200. D. DEDUCTIBLES 1. We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the Deductible shown in the Declarations. We will then pay the amount of loss or damage in excess of the Deductible up to the applicable Limit of Insurance. 2. Regardless of the amount of the Deductible, the most we will deduct from any loss or damage under all of the following Optional Coverages and the Additional Coverage - Exterior Building Glass in any one occurrence is the Optional Coverage/Exterior Building Glass Deductible shown in the Declarations: a. Money and Securities; b. Employee Dishonesty; c. Interior Glass; and d. Outdoor Signs. But this Optional Coverage/Exterior Building Glass Deductible will not increase the Deductible shown in the Declarations. This Deductible will be used to satisfy the requirements of the Deductible in the Declarations. 913424, 3rd Edition 03/02 . Includes Copyright Material, Insurance Services Office, Page 18 of 28 Inc., with their permission. 3. No deductible applies to the following Additional Coverages: a. Fire Department Service Charge; b. Business Income; c. Extra Expense; and d. Civil Authority. E. PROPERTY LOSS CONDITIONS 1. Abandonment There can be no abandonment of any property to us. 2. Appraisal If we and you disagree on the amount of loss, either may make written demand for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. 3. Duties In The Event Of Loss Or Damage a. You must see that the following are done in the event of loss or damage to COVERED PROPERTY: (1) Notify the police if a law may have been broken. (2) Give us prompt notice of the loss or damage. Include a description of the property involved. (3) As soon as possible, give us a description of how, when and where the loss or damage occurred. (4) Take all reasonable steps to protect the COVERED PROPERTY from further damage, and keep a record of your expenses necessary to protect the COVERED PROPERTY, for consideration in the settlement of the claim. This will not increase the Limit of Insurance. However, we will not pay for any subsequent loss or damage resulting from a cause of loss that is not a COVERED CAUSE OF LOSS. Also, if feasible, set the damaged property aside and in the best possible order for examination. (5) At our request, give us complete inventories of the damaged and undamaged property. Include quantities, costs, values and amount of loss claimed. (6) As often as may be reasonably required, permit us to inspect the property proving the loss or damage and examine your books and records. Also permit us to take samples of damaged and undamaged property for inspection, testing and analysis, and permit us to make copies from your books and records. (7) Send us a signed, sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. (8) Cooperate with us in the investigation or settlement of the claim. (9) Resume all or part of your "operations" as quickly as possible. b. We may examine any insured under oath, while not in the presence of any other insured and at such times as may be reasonably required, about any matter relating to this insurance or the claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed. 4. Legal Action Against Us No one may bring a legal action against us under this insurance unless: a. There has been full compliance with all of the terms of this insurance; and b. The action is brought within 2 years after the date on which the direct physical loss or damage 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 19 of 28 Inc., with their permission. occurred. 5. Limitation Electronic Media And Records We will not pay for any loss of Business Income caused by direct physical loss of or damage to Electronic Media And Records after the longer of: a. 60 consecutive days from the date of direct physical loss or damage; or b. The period, beginning with the date of direct physical loss or damage, necessary to repair, rebuild or replace with reasonable speed and similar quality, other property at the described premises due to loss or damage caused by the same occurrence. Electronic Media And Records are: (1) Electronic data processing, recording or storage media such as films, tapes, discs, drums or cells; (2) Data stored on such media; or (3) Programming records used for electronic data processing or electronically controlled equipment. Example No. 1: A COVERED CAUSE OF LOSS damages a computer on June 1. It takes until September 1 to replace the computer, and until October1 to restore the data that was lost when the damage occurred. We will only pay for the Business Income loss sustained during the period June 1 September 1. Loss during the period September 2 - October 1 is not covered. Example No. 2: A COVERED CAUSE OF LOSS results in the loss of data processing programming records on August 1. The records are replaced on October 15. We will only pay for the Business Income loss sustained during the period August 1 - September 29 (60 consecutive days). Loss during the period September 30 October 15 is not covered. 6. Loss Payment In the event of loss or damage covered by this policy: a. At our option, we will either: (1) Pay the value of lost or damaged property; (2) Pay the cost of repairing or replacing the lost or damaged property; (3) Take all or any part of the property at an agreed or appraised value; or (4) Repair, rebuild or replace the property with other property of like kind and quality, subject to d.(1)(e) below. b. We will give notice of our intentions within 30 days after we receive the sworn proof of loss. c. We will not pay you more than your financial interest in the COVERED PROPERTY. d. Except as provided in (2) through (8) below, we will determine the value of COVERED PROPERTY as follows: (1) At replacement cost without deduction for depreciation, subject to the following: (a) If, at the time of loss, the Limit of Insurance on the lost or damaged property is 80% or more of the full replacement cost of the property immediately before the loss, we will pay the cost to repair or replace, after application of the deductible and without deduction for depreciation, but not more than the least of the following amounts: (i) The Limit of Insurance under this policy that applies to the lost or damaged property; (ii) The cost to replace, on the same premises, the lost or damaged property with other property: i. Of comparable material and quality; and ii. Used for the same purpose; or 91-3424, 3rd Edition 03102 Includes Copyright Material, Insurance Services Office, Page 20 of 28 Inc., with their permission. (iii) The amount that you actually spend that is necessary to repair or replace the lost or damaged property. (b) If, at the time of loss, the Limit of Insurance applicable to the lost or damaged property is less than 80% of the full replacement cost of the property immediately before the loss, we will pay the greater of the following amounts, but not more than the Limit of Insurance that applies to the property: (i) The actual cash value of the lost or damaged property; or (ii) A proportion of the cost to repair or replace the lost or damaged property, after application of the deductible and without deduction for depreciation. This proportion will equal the ratio of the applicable Limit of Insurance to 80% of the cost of repair or replacement. (c) You may make a claim for loss or damage covered by this insurance on an actual cash value basis instead of on a replacement cost basis. In the event you elect to have loss or damage settled on an actual cash value basis, you may still make a claim on a replacement cost basis if you notify us of your intent to do so within 180 days after the loss or damage. (d) We will not pay on a replacement cost basis for any loss or damage: (i) Until the lost or damaged property is actually repaired or replaced; and (ii) Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage. (e) The cost to repair, rebuild or replace does not include the increased cost attributable to enforcement of any ordinance or law regulating the construction, use or repair of any property. (2) If the "Actual Cash Value - Buildings" option applies, as shown in the Declarations, Paragraph (1) above does not apply to Buildings. Instead, we will determine the value of Buildings at actual cash value. (3) The following property at actual cash value: (a) Used or second-hand merchandise held in storage or for sale; (b) Property of others, but this property is not covered for more than the amount for which you are liable, plus the cost of labor, materials or services furnished or arranged by you on personal property of others; (c) Household contents, except personal property in apartments or rooms furnished by you as landlord; (d) Manuscripts; (e) Works of art, antiques or rare articles, including etchings, pictures, statuary, marbles, bronzes, porcelains and bric-a-brac. (4) Glass at the cost of replacement with safety glazing material if required by law. (5) "Valuable papers and records", including those which exist on electronic or magnetic media (other than prepackaged software programs), at the cost of: (a) Blank materials for reproducing the records; and (b) Labor to transcribe or copy the records. This condition does not apply to "valuable papers and records" and electronic media and records that are actually replaced or restored. (6) Applicable only to the Optional Coverages: (a) "Money" at its face value; and (b) "Securities" at their value at the close of business on the day the loss is discovered. (7) Applicable only to Accounts Receivable: 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 21 of 28 Inc., with their permission. (a) If you cannot accurately establish the amount of accounts receivable outstanding as of the time of loss or damage: (i) We will determine the total of the average monthly amounts of accounts receivable for the 12 months immediately preceding the month in which the loss or damage occurs; and (ii) We will adjust that total for any normal fluctuations in the amount of accounts receivable for the month in which the loss or damage occurred or for any demonstrated variance from the average for that month. (b) The following will be deducted from the total amount of accounts receivable, however that amount is established: (i) The amount of the accounts for which there is no loss or damage; (ii) The amount of the accounts that you are able to re-establish or collect; (iii) An amount to allow for probable bad debts that you are normally unable to collect; and (iv) All unearned interest and service charges. e. Our payment for loss of or damage to personal property of others will only be for the account of the owners of the property. We may adjust losses with the owners of lost or damaged property if other than you. If we pay the owners, such payments will satisfy your claims against us for the owners' property. We will not pay the owners more than their financial interest in the COVERED PROPERTY. f. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. g. We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss, provided you have complied with all of the terms of this policy, and (1) We have reached agreement with you on the amount of loss; or (2) An appraisal award has been made. 7. Recovered Property If either you or we recover any property after loss settlement, that party must give the other prompt notice. At your option, you may retain the property. But then you must return to us the amount we paid to you for the property. We will pay recovery expenses and the expenses to repair the recovered property, subject to the Limit of Insurance. 8. Resumption Of Operations We will reduce the amount of your: a. Business Income loss, other than Extra Expense, to the extent you can resume your "operations", in whole or in part, by using damaged or undamaged property (includingmerchandise or stock) at the described premises or elsewhere. b. Extra Expense loss to the extent you can return "operations" to normal and discontinue such Extra Expense. 9. VACANCY a. Description Of Terms (1) As used in this Vacancy Condition, the term building and the term vacant have the meanings set forth in (1)(a) and (1)(b) below: (a) When this policy is issued to a tenant, and with respect to that tenant's interest in COVERED PROPERTY, building means the unit or suite rented or leased to the tenant. Such building is vacant when it does not contain enough business personal property to conduct customary operations. (b) When this policy is issued to the owner of a building, building means the entire building. Such building is vacant when 70% or more of its total square footage: (i) Is not rented; or 91-3424, 3rd Edition 03102 Includes Copyright Material, Insurance Services Office, Page 22 of 28 Inc., with their permission. (ii) Is not used to conduct customary operations. (2) Buildings under construction or renovation are not considered vacant. b. Vacancy Provisions If the building where loss or damage occurs has been vacant for more than 60 consecutive days before that loss or damage occurs: (1) We will not pay for any loss or damage caused by any of the following even if they are Covered Causes of Loss: (a) Vandalism; (b) Sprinkler leakage, unless you have protected the system against freezing; (c) Building glass breakage; (d) Water damage; (e) Theft; or (f) Attempted theft. (2) With respect to Covered Causes of Loss other than those listed in b.(1)(a) through b.(1)(f) above, we will reduce the amount we would otherwise pay for the loss or damage by 15%. F. PROPERTY GENERAL CONDITIONS 1. Control Of Property Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverage Form at any one or more locations will not affect coverage at any location where, at the time of loss or damage, the breach of condition does not exist. 2. Mortgageholders a. The term "mortgageholder' includes trustee. b. We will pay for covered loss of or damage to buildings or structures to each mortgageholder shown in the Declarations in their order of precedence, as interests may appear. c. The mortgageholder has the right to receive loss payment even if the mortgageholder has started foreclosure or similar action on the building or structure. d. If we deny your claim because of your acts or because you have failed to comply with the terms of this policy, the mortgageholder will still have the right to receive loss payment if the mortgageholder: (1) Pays any premium due under this policy at our request if you have failed to do so; (2) Submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and (3) Has notified us of any change in ownership, occupancy or substantial change in risk known to the mortgageholder. All of the terms of this policy will then apply directly to the mortgageholder. e. If we pay the mortgageholder for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this policy: (1) The mortgageholder's rights under the mortgage will be transferred to us to the extent of the amount we pay; and (2) The mortgageholder's right to recover the full amount of the mortgageholder's claim will not be impaired. At our option, we may pay to the mortgageholder the whole principal on the mortgage plus any accrued interest. In this event, your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us. f. If we cancel this policy, we will give written notice to the mortgageholder at least: 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 23 of 28 Inc., with their permission. (1) 10 days before the effective date of cancellation if we cancel for your non-payment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. g. If we elect not to renew this policy, we will give written notice to the mortgageholder at least 10 days before the expiration date of this policy. 3. No Benefit To Bailee No person or organization, other than you, having custody of COVERED PROPERTY will benefit from this insurance. 4. Policy Period, Coverage Territory Under this form: a. We cover loss or damage commencing: (1) During the policy period shown in the Declarations; and (2) Within the coverage territory or, with respect to property in transit, while it is between points in the coverage territory. b. The coverage territory is: (1) The United States of America (including its territories and possessions); (2) Puerto Rico; and (3) Canada. G. OPTIONAL COVERAGES If shown as applicable in the Declarations, the following Optional Coverages also apply. These coverages are subject to the terms and conditions applicable to property coverage in this policy, except as provided below. 1. SPECIFIED PROPERTY a. We will pay for direct physical loss of or damage to fences, walls, walks, driveways and pools at the described location. b. The most we will pay for this Optional Coverage is the Limit of Insurance shown in the Declarations for Specified Property. 2. OUTDOOR SIGNS a. We will pay for direct physical loss of or damage to all outdoor signs at the described premises: (1) Owned by you; or (2) Owned by others but in your care, custody or control. b. Paragraph A.3., COVERED CAUSES OFLOSS, and Section B., EXCLUSIONS, do not apply to this Optional Coverage, except for: (1) Paragraph B.l.b., Governmental Action; (2) Paragraph B.1.c., Nuclear Hazard; and (3) Paragraph B.l.e., War And Military Action. c. We will not pay for loss or damage caused by or resulting from: (1) Wear and tear; (2) Hidden or latent defect; (3) Rust; (4) Corrosion; or (6) Mechanical breakdown. 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 24 of 28 Inc., with their permission. d. The most we will pay for loss or damage in any one occurrence is the Limit of Insurance for Outdoor Signs shown in the Declarations. e. The provisions of this Optional Coverage supersede all other references to outdoor signs in this policy. 3. INTERIOR GLASS a. We will pay for direct physical loss of or damage to items of glass that are permanently affixed to the interior walls, floors or ceilings of a covered building or structure at the described premises, provided each item is: (1) Described in the Declarations as covered under this Optional Coverage; and (2) Located in the basement or ground floor level of the building or structure, unless the Declarations show that this Optional Coverage is applicable to interior glass at all floors; and (3) Owned by you, or owned by others but in your care, custody or control. b. We will also pay for necessary: (1) Expenses incurred to put up temporary plates or board up openings; (2) Repair or replacement of encasing frames; and (3) Expenses incurred to remove or replace obstructions. c. Paragraph A.3., COVERED CAUSES OF LOSS, and Section B., EXCLUSIONS, do not apply to this Optional Coverage, except for: (1) Paragraph B.1.b., Governmental Action; (2) Paragraph B.1.c., Nuclear Hazard; and (3) Paragraph 113.1.e., War And Military Action. d. We will not pay for loss or damage caused by or resulting from: (1) Wear and tear; (2) Hidden or latent defect; (3) Corrosion; or (4) Rust. e. This Optional Coverage supersedes all limitations in this policy that apply to interior glass. 4. MONEY AND SECURITIES a. We will pay for loss of "money" and "securities" used in your business while at a bank or savings institution, within your living quarters or the living quarters of your partners or any employee having use and custody of the property, at the described premises, or in transit between any of these places, resulting directly from: (1) Theft, meaning any act of stealing; (2) Disappearance; or (3) Destruction. b. In addition to the Limitations and Exclusions applicable to property coverage, we will not pay for loss: (1) Resulting from accounting or arithmetical errors or omissions; (2) Due to the giving or surrendering of property in any exchange or purchase; or (3) Of property contained in any "money" -operated device unless the amount of "money' deposited in it is recorded by a continuous recording instrument in the device. c. The most we will pay for loss in any one occurrence is: (1) The limit shown in the Declarations for Inside the Premises for "money' and "securities" while: (a) In or on the described premises; or (b) Within a bank or savings institution; and 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 25 of 28 Inc., with their permission. (2) The limit shown in the Declarations for Outside the Premises for "money' and "securities" while anywhere else. d. All loss: (1) Caused by one or more persons; or (2) Involving a single act or series of related acts; is considered one occurrence. e. You must keep records of all "money" and "securities" so we can verify the amount of any loss or damage. 5. EMPLOYEE DISHONESTY a. We will pay for direct loss of or damage to Business Personal Property and "money' and "securities" resulting from dishonest acts committed by any of your employees acting alone or in collusion with other persons (except you or your partner) with the manifest intent to: (1) Cause you to sustain loss or damage; and also (2) Obtain financial benefit (other than salaries, commissions, fees, bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employment) for: (a) Any employee; or (b) Any other person or organization. b. We will not pay for loss or damage: (1) Resulting from any dishonest or criminal act that you or any of your partners commit whether acting alone or in collusion with other persons. (2) The only proof of which as to its existence or amount is: (a) An inventory computation; or (b) A profit and loss computation. c. The most we will pay for loss or damage in any one occurrence is the Limit of Insurance for Employee Dishonesty shown in the Declarations. d. All loss or damage: (1) Caused by one or more persons; or (2) Involving a single act or series of related acts; is considered one occurrence. e. We will pay only for loss or damage you sustain through acts committed or events occurring during the Policy Period. Regardless of the number of years this policy remains in force or the number of premiums paid, no Limit of Insurance accumulates from year to year or period to period. f. This Optional Coverage does not apply to any employee immediately upon discovery by: (1) You; or (2) Any of your partners, officers or directors not in collusion with the employee; of any dishonest act committed by that employee before or after being hired by you. g. We will pay only for covered loss or damage discovered no later than one year from the end of the Policy Period. h. If you (or any predecessor in interest) sustained loss or damage during the period of any prior insurance that you could have recovered under that insurance except that the time within which to discover loss or damage had expired, we will pay for it under this Optional Coverage, provided: 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 26 of 28 Inc., with their permission. (1) This Optional Coverage became effective at the time of cancellation or termination of the prior insurance; and (2) The loss or damage would have been covered by this Optional Coverage had it been in effect when the acts or events causing the loss or damage were committed or occurred. i. The insurance under Paragraph h. above is part of, not in addition to, the Limit of Insurance applying to this Optional Coverage and is limited to the lesser of the amount recoverable under: (1) This Optional Coverage as of its effective date; or (2) The prior insurance had it remained in effect. j. With respect to coverage provided under this Optional Coverage, "employee" means any natural person who receives compensation for working in your regular service in the ordinary course of your business. "Employee" also includes your directors, officers, whether compensated or not. "Employee" does not include any broker, consignee, contractor (such as property management company) or other agent or representative of the same general character. H. PROPERTY DEFINITIONS 1. "Money' means: a. Currency, coins and bank notes in current use and having a face value; and b. Travelers checks, register checks and money orders held for sale to the public. 2. "Operations" means your business activities occurring at the described premises. 3. "Period of restoration" means the period of time that: a. Begins.- (1) egins: (1) 72 hours after the time of direct physical loss or damage for Business Income Coverage; or (2) Immediately after the time of direct physical loss or damage for Extra Expense Coverage; caused by or resulting from any COVERED CAUSE OF LOSS at the described premises; and b. Ends on the earlier of: (1) The date when the property at the described premises should be repaired, rebuilt or replaced with reasonable speed and similar quality; or (2) The date when business is resumed at a new permanent location. "Period of Restoration" does not include any increased period required due to the enforcement of any ordinance or law that: (a) Regulates the construction, use or repair, or requires the tearing down of any property; or (b) Requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of "pollutants". The expiration date of this policy will not cut short the "period of restoration". 4. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 5. "Securities" means negotiable and non-negotiable instruments or contracts representing either "money' or other property and includes: a. Tokens, tickets, revenue and other stamps (whether represented by actual stamps or unused value in a meter) in current use; and b. Evidences of debt issued in connection with credit or charge cards, which cards are not issued by 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 27 of 28 Inc., with their permission. you; but does not include "money." 6. "Specified Causes of Loss" means the following: Fire; lightning; explosion, windstorm; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; sinkhole collapse; volcanic action; falling objects; weight of snow, ice or sleet. a. "Sinkhole collapse" means the sudden sinking or collapse of land into underground empty spaces created by the action of water on limestone or dolomite. This cause of loss does not include: (1) The cost of filling sinkholes; or (2) Sinking or collapse of land into manmade underground cavities. b. Falling objects does not include loss of or damage to: (1) Personal property in the open; or (2) The interior of a building or structure, or property inside a building or structure, unless the roof or an outside wall of the building or structure is first damaged by a falling object. 7. "Valuable papers and records" means inscribed, printed, or written: a. Documents; b. Manuscripts; and c. Records; including abstracts, books, deeds, drawings, films, maps or mortgages. But "valuable papers and records" does not mean: d. "Money" or "Securities"; e. Converted Data; f. Programs or instructions used in your data processing operations, including the materials on which the data is recorded. 8. "Converted data" means information that is stored on electronic media, that is capable of being communicated, processed or interpreted by electronic data processing equipment. 91-3424, 3rd Edition 03/02 Includes Copyright Material, Insurance Services Office, Page 28 of 28 Inc., with their permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. f� FARM ERS INSURANCE CHANGE TO LIMITS OF INSURANCE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM APARTMENT OWNERS LIABILITY COVERAGE FORM CONDOMINIUM LIABILITY COVERAGE FORM The following provision replaces D.I. 16353 1 st Edition 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds; b. Claims made or "suits" brought; c. Persons or organizations malting "claims" or bringing "suits"; or d. Policies involved. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of thepolicy. 93-63553 1STEDIMN 11-07 J6353101 PAGE 1 Of 1 16353 -EDI POLICY NUMBER: 60550-91-91 E0104 1st Edition THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. l ►1 &M 4 Fil This endorsement modifies insurance provided under the following: APARTMENTOWNERS LIABILITY COVERAGE FORM CONDOMINIUM LIABILITY COVERAGE FORM SCHEDULE" Premises: Tenants Liability Limit Of Insurance (Per Occurrence): " Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations. With respect to the coverage provided under this endorsement, the applicable Liability Coverage Form is amended as follows: A. Under B.1. Exclusions Applicable To Business Liability Coverage, the paragraph following q.(15) of the applicable Liability Coverage Form is deleted and replaced by the following: With respect to the premises shown in the Schedule of this endorsement which are rented to you or temporar- ily occupied by you with the permission of the owner, Exclusions c., d., e., h., i., I., m., n., o. and p. do not apply to "property damage". B. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is deleted and replaced by the follow- ing: The most we will pay under this endorsement for the sum of all damages because of all "property damage" arising out of any one 'occurrence" to premises rented to you or temporarily occupied by you with the permis- sion of the owner is the Tenants Liability Limit of Insurance shown in the Schedule. C. With respect to the premises shown in the Schedule of this endorsement, Paragraph D.3. and Paragraph DA.b. are deleted. 91-0104, 1st Edition 09103 Includes Copyright material, Insurance Services Office, Inc.,with its permission. Page 1 of 1 E0125 1st Edition THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD POISONING AND CONTAMINATION EXCLUSION This endorsement modifies insurance provided under the following: APARTMENT OWNERS POLICY CONDOMINIUM POLICY When this endorsement is attached to your policy, the following provisions apply to the applicable Property and Liability Coverage Forms of your policy. 1. This insurance does not apply to any "bodily injury', "property damage" or "personal and advertising injury' or property loss or damage arising out of, resulting from, caused by or contributed by lead, or any hazardous properties of lead, including, but not limited to, lead poisoning and lead contamination and the threat or fear of lead poisoning or lead contamination. Lead poisoning includes, but not limited to, actual "bodily injury', "property damage" or "personal and adver- tising injury" resulting from exposure to, ingestion, of any nature, cause or duration to or of lead, or objects or substances comprised of or containing lead. Lead contamination includes, but not limited to, the presence of lead in paint, soil, plants, animals, water, pipes, buildings or structures. For purposes of this exclusion, the definition of "bodily injury' and "personal and advertising injury' is amended to include mental injury, anguish, distress or fear of lead poisoning or lead contamination. For purposes of this exclusion, the definitions of "property damage" and property loss or damage are amended to include actual or threatened loss of property value, loss of equity, loss of use, loss of rents or other economic injury caused by lead poisoning or lead contamination. 2. We will not for any loss, cost or expense arising out of, resulting from, caused by or contributed to by: a. The testing or monitoring for, abatement, mitigation, neutralization, removal or disposal of lead, lead com- pounds or materials containing lead,- b. ead;b. The testing or monitoring for or treatment of lead poisoning or lead contamination in humans or animals; c. Any supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with lead poisoning or lead contamination; d. Any obligation to share damages with or repay someone else who must pay damages in connection with lead poisoning or lead contamination. 91-0125 1st Edition 10102 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 02h FARMERS E0122 m'. W zm INSURANCE 3rd Edition PERIOD OF RESTORATION REDEFINED This endorsement modifies insurance provided under the following: APARTMENT OWNERS PROPERTY COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Apartment Owners Property Coverage Form apply unless modified by the endorsement. Paragraph H. PROPERTY DEFINITIONS - 3.a. "Period of restoration", is deleted and replaced with the following: a. Begins immediately after the time of direct physical loss or damage for Business Income Coverage or Extra Expense Coverage caused by or resulting from any COVERED CAUSE OF LOSS at the described premises; and This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 91-0122 3RD EDITION 8-07 Includes Copyright Material, Insurance Services Office, Inc, used with its permission. 10122301 PAGE I OF I EOl 22-ED3 E0124 1st Edition THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MECHANICAL 1 ENDORSEMENT This endorsement modifies insurance provided under the following: APARTMENT OWNERS PROPERTY COVERAGE FORM CONDOMINIUM PROPOPERTY COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Under G. Optional Coverages of the applicable Property Coverage Form, the following is added: 6. Mechanical Breakdown a. We will pay for direct damage to Covered Property caused by an Accident to Covered Equipment. The Covered Equipment must be: (1) Owned by you or in your care, custody or control; and (2) At the described premises. b. Accident means a sudden and accidental breakdown of the Covered Equipment or a part of the Covered Equipment. At the time the breakdown occurs, it must manifest itself by physical damage to the Covered Equipment that necessitates repair or replacement. If an initial Accident causes other Accidents, all such Accidents will be considered one Accident. All Accidents that are the result of the same event will be considered one Accident. c. None of the following is an Accident: (1) Depletion, deterioration, corrosion or erosion; (2) Wear and tear; (3) Leakage at any valve, fitting, shaft seal, gland packing, joint or connection; (4) Breakdown of any vacuum tube, gas tube or brush; (5) Breakdown of any electronic computer or electronic data processing equipment; (6) Breakdown of any structure or foundation supporting the Covered Equipment or any of its parts; (7) The functioning of any safety or protective device; or (8) The explosion of gases or fuel within the furnace of any Covered Equipment or within the flues or passages through which the gases of combustion pass. d. Covered Equipment means any of the following equipment: (1) Boiler and Pressure Vessels: (a) Steam heating boilers and condensate return tanks used with them; (b) Hot water heating boilers and expansion tanks used with them; (c) Hot water supply boilers; (d) Other fired or unfired vessels used for maintenance or service of the described premises but not used for processing or manufacturing; (e) Steam boiler piping, valves, fittings, traps and separators, but only if they; (i) Are on your premises or between parts of your premises; (ii) Contain steam or condensate of steam; and (iii) Are not part of any other vessel or apparatus; (f) Feed water piping between any steam boiler and a feed pump or injector. (2) Air Conditioning Units - Any air conditioning unit that has a capacity of 60,000 Btu or more, including: (a) Inductors, convectors and coils that make use of a refrigerant and form part of a cooling, humidity 91-0124, 1st Edition 10/02 Pagel o1`3 control or space heating system; (b) Interconnecting piping, valves and fittings containing only a refrigerant, water, brine or other solution; (c) Vessels heated directly or indirectly that: (i) Form part of an absorption type system; and (ii) Function as a generator, regenerator or concentrator; (d) Compressors, pumps, fans and blowers used solely with the system together with their driving electric motors; and (e) Control equipment used solely with the system. (3) Equipment used for the generation, transmission or utilization of energy. e. Covered Equipment does not mean: (1) any structure, foundation, cabinet, compartment or air supported structure or building; (2) any insulating or refractory material; (3) any sewer piping, any underground vessels or piping, any piping forming a part of a sprinkler system or water piping other than boiler feed water piping, boiler condensate return piping or water piping forming a part of a refrigerating or air conditioning system; (4) any vehicle, dragline, excavation or construction equipment; (5) any equipment manufactured by you for sale. f. Expediting Expenses With respect to your damaged Covered Property, we will pay for the reasonable extra cost to: (1) make temporary repairs; and (2) expedite permanent repairs or replacement. g. Hazardous Substances We will pay for the additional costs, up to $25,000, to repair or replace Covered Property because of contamination by a hazardous substance. This includes the additional costs to clean up or dispose of such property. Hazardous substance means any substance other than ammonia that has been declared to be hazardous to health by a governmental agency. Additional costs mean those beyond what would have been required had no hazardous substance been involved. h. CFC Refrigerants We will pay for the additional cost, up to $25,000 per Accident, to repair or replace Covered Property because of the use or presence of a refrigerant containing CFC (chlorinated fluorocarbon) substances This means the additional expense to do the least expensive of the following: (1) Repair the damaged property and replace any lost CFC refrigerant; (2) Repair the damaged property, retrofit the system to accept a non -CFC refrigerant and charge the system with a non -CFC refrigerant; or (3) Replace the system with one using a non -CFC refrigerant. Additional costs mean those beyond what would have been required had no CFC refrigerant been involved. i. Drying Out Coverage If electrical covered equipment requires drying out as a result of a flood, we will pay for the direct expenses of such drying out. B. Exclusions (1) All limitations and exclusions in the applicable Coverage Form apply except the following: (a) Limitation A. 4. a. (1), Steam Equipment; (b) Limitation A. 4. a. (2), Water Heating Equipment; (c) Exclusion B. 2. a., Electrical Apparatus; (d) Exclusion B. 2. d., Steam Apparatus; and (e) Exclusion B. 2. k. (6), Mechanical Breakdown. 91-0124, 1st Edition 10/02 Page 2 of 3 (2) As respects Equipment Breakdown only, the last paragraph of Exclusion B. 2. , Other Types of Loss is deleted and replaced with the following: But if an excluded cause of loss that is listed in B. 2. k. (1) through B. 2. k. (7) results in an Accident, we will pay for the loss or damage caused by that Accident. (3) We will not pay under this endorsement for loss or damage caused by or resulting from any of the following: (a) a hydrostatic, pneumatic or gas pressure test of any boiler or pressure vessel; or (b) an insulation breakdown test of any type of electrical equipment. C. Suspension Condition When any "covered equipment" is found to be in, or exposed to a dangerous condition, any of our representatives may immediately suspend the insurance against loss from an Accident to that equipment. We can do this by mailing or delivering a written notice of suspension to your address as shown in the Declarations, or at the address where the equipment is located. Once suspended in this way, your insurance can be reinstated only by written notice from us. If we suspend your insurance, you will get a pro rata refund of premium. But the suspension will be effective even if we have not yet made or offered a refund. 91-0124, 1st Edition 10/02 Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. t� FARMERS INSURANCE Policy Number: 60550-91-91 Effective Date: 01/04/14 BUSINESS INCOME AND EXTRA EXPENSE -18 MONTHS This endorsement modifies insurance provided under the following: APARTMENT OWNERS PROPERTY COVERAGE FORM BUSINESSOWNERS COVERAGE FORM BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM The provisions of the applicable Coverage Form apply unless modified by this endorsement. E6289 I st Edition A. The Businessowrners Special Property Coverage Form BP 00 02, or Section I - Property of the Businessowmers Coverage Form BP 00 03 is amended as follows: 1. Item A.5.£(1) Business Income is amended as follows: The maximum period for which we will pay for loss of Business Income that you sustain during the "period of restoration" is 18 consecutive months after the date of direct physical loss or damage. 2. Item A.5.g.(2) Extra Expense, is amended as follows: We will only pay for Extra Expense that occurs within 18 consecutive months after the date of direct physical loss or damage. B. The Apartment Owners Property Coverage Form E3424 is amended as follows: 1. Item A.5.e.(1) Business Income is amended as follows: The maximum period for which we will pay for loss of Business Income that you sustain during the "period of restoration" is 18 consecutive months after the date of direct physical loss or damage. 2. Item A.5.£(2) Extra Expense, is amended as follows: We will only pay for Extra Expense that occurs within 18 consecutive months after the date of direct physical loss or damage. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all other terms of the policy. 91-6289 1STEDITION 12-07 [6289101 Page 1 of l 16289 -EDI THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET LIMITS FOR BUILDINGS AND BUSINESS PERSONAL PROPERTY This endorsement modifies insurance provided under the following: APARTMENT OWNERS PROPERTY COVERAGE FORM BUSINESSOWNERS COVERAGE FORNM BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM CONDOMINIUM PROPERTY COVERAGE FORM E6278 2nd Edition When shown in the Declarations, the Limits of Insurance for Buildings and Business Personal Propemr at any scheduled location will be provided on a blanket basis. A. The applicable Property Coverage Form or Section I - PROPERTY of the BUSINESSOWNERS COVERAGE FORM is amended by the following: 1. Paragraph C.I. under C. Limits Of Insurance is deleted and replaced by the following: 1. In the event of covered loss or damage to: (a) Building(s) at one or more scheduled locations or premises, the applicable limit of insurance will equal the sum of all the limits shown in the Declarations for Building. (b) Business Personal Property at one or more scheduled locations or premises, the applicable limit of insurance will equal the sum of all the limits shown in the Declarations for Business Personal Property. B. When coverage is provided on a blanket basis, we will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the Deductible shown in the Declarations. When more than one covered location or premises is involved in a single loss, a separate deductible applies to each location or premises. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all other terms of the policy. 91-6278 AMMON 10.10 E6278201 Page 1 of 1 E6278•ED2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ��Pl1�l•I'li I�l� BACK UP OF SEWERS AND OVERFLOW OF DRAINS COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: APARTMENT OWNERS PROPERTY COVERAGE FORM E0120 3rd Edition With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The following item is added to A. 5. Additional Coverages of the Apartment Owners Property Coverage Form. p. Back Up of Sewers or Drains (1) We will pay up to the Limit of Insurance Per Occurrence shown on the Declarations for Back Up of Sewers and Overflow of Drains for loss or damage to Covered Property caused by water that: (a) backs up from a sewer or drain away from your premises; or (b) overflows from an appliance, drain or plumbing fixture on the premises but only if the overflow is sudden and accidental, where you have exercised proper care and maintenance, and it is not the result of a continuous or repeated seepage or leakage that occurred over time; or (c) enters into and ovetflows from a sump pump or sump pump well or any other system designed to remove subsurface water from a foundation area. One or more incidents occurring within a 72 hour period is considered one occurrence. (2) Subject to the applicable Limit of Insurance shown on the Declaration for Back Up of Sewers and Overflow of Drains and other provisions of this endorsement, paragraph I.f. (1)(a) in B. EXCLUSIONS is deleted. (3) The deductible applicable to and shown on the Declarations for Building and/or Business Personal Property applies to each loss under this endorsement. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 91-0120 3RD EDFRON 12-01 10120301 PAGE 1 OF I E0120-ED3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FARMERS E3335 INSURANCE 4th Edition APARTMENT OWNERS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under Section C - WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F - LIABILITY AND MEDICAL EXPENSES DEFINITIONS. A. COVERAGES 1. BUSINESS LIABILITY a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injuiy", "property damage." or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeping those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injur5t", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D - LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements or medical expenses. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "property damage" only if (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the °coverage territory"; and (b) The ''bodily injury" or "property damage" occurs during the policy period. (c) Prior to the policy period, no insured listed under Paragraph C.I. WHO IS AN INSURED and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" know, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known before the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. 'Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph C.I. WI -10 IS AN INSURED or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of "bodily injury" or "property damage" after the end of the policy period. 91-3335 4TH EDITION 4-07 Indudes Copyrigh Iberid Inswance Services Office, Inc, with hs pemissian. E3335401 PAGE 1 OF 17 d. 'Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph C.1. WHO IS AN INSURED or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property darnage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" includes damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". f. Coverage Extension - Supplementary Payments: In addition to the Limit of Insurance we will pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend:' (1) All expenses we incur. (2) Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury' applies. We do not have to furnish these bonds. (3) The cost of bonds to release attachments, but only for bond amounts within our Limit of Insurance. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $250 a day because of time off from work. (5) All costs taxed against the insured in the "suit". (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the Limit of Insurance, we will not pay any prejudgment interest based on that period of time after the offer. (7) All interest on the full amount of any judgment that accrues after entry, of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within our Limit of Insurance. If we defend an insured against a "suit' and an indemnitee of the insured is also named as a party to the "suit', we will defend that indemnitee if all of the following conditions are met: a. The "suit' against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract'; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit' and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the 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"; 41.3335 4TH EOHION 4-07 Includes Copyright Material Insurance Services Office; Inc, with its permssian. E3335402 PAGE 2 OF 17 W 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". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph B.I.b.(2) of .EXCLUSIONS, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph £ above are no longer met. 2. MEDICAL EXPENSES (INCLUDES RESTRICTIONS OR ABRIDGMENTS) a. We will pay medical expenses as described below for "bodily injury"caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in die "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the Limit of Insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for -,which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the 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" or "property damage", provided: 41-3335 4TH EOIION 4-07 Includes Cggright frlHledd Insutunce Services Office; Inc, wAth Bs perrrissix E3335403 PAGE 3 OF 17 (a) Liability to such parry for, or for the cost of, that parry'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. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of. (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or raider the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employers' 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: (a) Whether the insured may be liable as an employer or in any other capacity; and (b) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) 'Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for anv insured or any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations. (i) If the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor; or (ii) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants". Subparagraph (d)(i) does not apply to "bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment' or its parts, if such fuels, lubricants or other operating fluids escape from a 91.3335 41H EDITION 4-07 Includes Copyright 17.oterial Insurance Services Office; Inc, vAth ils permsson. E3335404 PAGE 4 OF 17 vehicle part designed to hold, store or receive them. This exception does not apply if thefuels, lubricants or other operating fluids are intentionally discharged, dispersed or released, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent to be discharged, dispersed or released, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent to be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor. Subparagraphs (a) and (d)(i) do not apply to "bodily injury" or "propem, damage" arising out of heat, smoke or fumes from a "hostile fire". (2) Any loss, cost or expense arising out of any: (a) Request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxifi, or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants". g. Asbestos (1) 'Bodily injury", "property damage" or "personal and advertising injury", arising out of, resulting from, caused by or contributed to asbestos or exposure to asbestos; (2) Any loss, cost or expenses arising out of any request, demand, order, claim, "suit" or statutory or regulator), requirement that any insured or others test for, monitor, abate, remove, clean up, contain, treat or neutralize, or in any way respond to, or assess the effects of asbestos; (3) Any supervision, instruction, recommendation, warning or advise given or which should have been given in connection with 1. or 2. above; (4) Any obligation to share with or repay someone else who must pay damages because of such injury or damage. For the purposes of this exclusion, "bodily injury" includes mental injury, anguish, distress or fear of any injury, illness or disease caused by, or believed to be caused by, or related to asbestos or exposure to asbestos. h. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or wiloading". This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge. (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) 'Bodily injury" or "property damage" arising out of the operation of any of the following equipment: (a) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (b) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 91-3335 4TH EDITION 4.07 Includes CoP7rigM Modena) Durance Services Office; Inc, with its perniADn. E3335405 PAGE 5 OF 17 Mobile equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition or stunting activity. j. War "Bodily injury" or "property damage" due to war, whether or not declared, or- any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. L Professional Services "Bodily in u ,", "property dam �e" or "personal and advertising injury" due to rendering or failure to render any professional set vice. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; (3) Supervisory, inspection or engineering services; (4) Medical, surgical, dental, x-ray or nursing services treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or instruction for the purposed of appearance or skin enhancement, hair removal or replacement or personal grooming; (7) Optometry or optical or hearing aid set -vices including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (8) Body piercing services; and (9) Services in the practice of pharmacy; but flus exclusion does not apply to an insured whose operations include those of a retail druggist or drugstore. 1. Damage To Property "Property damage" to: (1) Property you own, rent or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations, if the "property= damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. 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". m.Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. 413335 41H EOITION 4-07 Includes Copyright Mmeri©I Insurance Services Office, Inc, v4t6 Rs pernision. E3335406 PAGE 6 OF 17 n. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". This exclusion does not apply if the damaged wort: or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work'; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injurh to "your product" or "your work" after it has been put to its intended use. p. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product` (2) "Your work"; or (3) "Impaired property if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. q. Personal And Advertising Injury "Personal and advertising injury": (1) Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury"; (2) Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; (3) Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; (4) Arising out of criminal act committed by or at the direction of any insured; (5) For which the insured has assumed 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; (6) Arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement'; (7) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement"; (8) Arising out of the wrong description of the price of goods, products or services stated in your "advertisement"; (9) Committed by an insured whose business is: (a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web -sites for others; or (c) An Internet search, access, content or set -vice provider. However, this exclusion does not apply to Paragraphs 14. a., b. and c. of "personal and advertising injury" under F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS. For purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting. 91-3335 ATH EDITION 4-07 Indudes CoWigM Mnlerid Insurance Services Office, Inc, with Bs pernissiai. E3335407 PAGE 7 OF 17 (10) Arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. (11) Any loss, cost or expense arising out of any: (a) Request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, „pollutants"; or (b) Claim or suit byeanor on behalf of a governmental authority for damages because of testing for, monitoring, cling up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants". (12) 'Bodily injury" arising out of "personal and advertising injury". (13) Arising out of an electronic chatroom or bulletin board the insured hosts, owns or over which the insured exercises control. (14) Arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. (15) Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any similar tactics to mislead another's potential customers. Exclusions c., d., e., f., g., h., i., k., 1., m., n. and o. do not apply to damage by fire or explosion to premises while rented to you, or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in Section D., Limits of Insurance. r. Employment Related Practices "Bodily injury" or "personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person. (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injuty" or "personal and advertising injury"' to that person at whom any of the employment-related practices described in Paragraphs (a), (b) or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay, someone else who must pay damages because of injury. 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. To any insured. b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. e. To a person injured on that part of premises you own or rent that the person normally occupies. d. To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits laxv or a similar law. e. To a person injured while taking part in athletics. f. Included with the "products - completed operations hazard". 91.3335 4TH EDITION 4-07 Includes CoP7rigM Material Insurance Services Office, Inc, vath its pet rission. E3335408 PAGE 8 OF 17 g. Excluded under Business Liability Coverage. h. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. 3. Applicable To Both Business Liability Coverage And Medical Expenses Coverage - Nuclear Energy Liability Exclusion This insurance does not apply: a. Under Business Liability Coverage, to "bodily, injury" or "property, damage": (1) With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association Of Canada, or would be an insured under any such polio, but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which: (a) Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (b) The insured is or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency, thereof, with any person or organization. (c) Under Business Liability Coverage, 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. b. Under Medical Expenses Coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility," by any person or organization. c. Under Business Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of the "nuclear material"; if (1) The "nuclear material": (a) Is at any "nuclear facility" owned by, or operated by or on behalf of, an insured; or (b) Has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or behalf of an insured; or (3) 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 "propem damage" to such "nuclear facility" and any property, thereat. As used in this exclusion: "Byproduct material" has rhe meaning given it in the Atomic Energy}, Act of 1954 or in any law amendatory thereof; "Hazardous properties" include radioactive, toxic or explosive properties; "Nuclear facility" means: (a) Anil "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"; 91.3335 4TH EDITION 4-07 Includes (opyrighi Mmedd Insurance Services Office, Inc, Qh Its pern&on. E3335409 PAGE 9 OF 17 (e) 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 die premises where such equipment or device is located consists of or contains more than 25 grains of plutonium or uranium 233 or any combination thereof, or more than 250 grains of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of it 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 material" means "source material", "special nuclear material" or "byproduct material". "Nuclear reactor" means any, apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. "Source material" has the meaning given it in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Special nuclear material" has the meaning given it in the Atomic Energy Act of 1954 or in any law amendatory thereto; "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 material" means any waste material: (a) Containing "byproduct material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily, for its "source material" content; and (b) Resulting from the operation by any person or organization of any "nuclear facility" included under Paragraphs (a) and (b) of the definition of "nuclear facility". C. WHO IS AN INSURED (INCLUDES RESTRICTIONS OR ABRIDGMENTS) 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners and their spouses are also insureds, but only with respect to the conduct of your business. e. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to dheir liability as stockholders. 2. Each of the following is also an insured: a. 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" is an insured for: (1) "Bodily injury" or "personal and advertising inluhv": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co -"employee" while that co -"employee" is either in the course of his or her employment or performing duties related to die conduct of your business; 41.3335 ATH EDITION 4-07 Includes Copyright htaterial Insurance Services Office, Inc, v+ith its pernissian. E333540A PAGE 10 OF 17 (b) To the spouse, child, parent, brother or sister of the co -"employee" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages of the injury described in Paragraphs (1)(a) or (1)(b); or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you have "employees' who are pharmacists in your retail druggist or drugstore operation, they are insured with respect to their providing or failing to provide professional health care services; or (2) "Property damage" to properry: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only. (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if You die, but only with respect to duties as such. That representative will have all Your rights and duties under this policy. 3. With respect to "mobile equipment" registered in Your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for die conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any land is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. 'Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned bv, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of- a. f a. Insureds; b. Claims made or "suits" brought; or e. Persons or organizations making claims or bringing "suits". 2. The most we will pay for the sum of all damages because of all: a. 'Bodily injury", "property damage" and medical expenses arising out of any one "occurrence'; and b. "Personal and advertising injury" sustained by any one person or organization; is the Liability And Medical Expenses limit shown in the Declarations. But the most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses limit shown in the Declarations. 3. The most we will pay under Business Liability Coverage for damages because of "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire or explosion is the Fire Legal Liability limit shown in the Declarations. 41.3335 4TH EOIl10N 4-07 Includes Copyright Material Insurance Services Office; Inc, with its peaission. 13335408 PAGE 11 OF 17 4. Aggregate Limits The most we will pay for: a. Injury or damage under the "products - completed operations hazard" arising from all "occurrences" during the policy period is the Liability And Medical Expenses Limit; and b. All other injury or damage, including medical expenses, arising from all "occurrences" during the policy period is twice the Liability And Medical Expenses Limit. This limitation does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire or explosion. The Limits of Insurance of this policy apply separately to each consecutive annual period and to am remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this policy. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with tie claim or "suit"; (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Financial Responsibility Laws a. Wien this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. 41.3335 4TH EDITION 4-07 Includes Copyright hloierial Insurance Services Office, Inc, with is pernission. E333540C PAGE 12 OF 17 b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this policy: a. To join us as a part)' or othenvise bring us into a "suit" asking for damages from an insured; or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the First Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit' is brought. F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web -sites, only that part of a web -site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means a land motor vehicle, trailer- or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory," means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or air -space, provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above; or c. All parts of the world if (1) The injury or damage arises out of- (a) f(a) Goods or products made or sold by you in the territon, described in a. above; or (b) The activities or a person whose home is in the territon, described in a. above, but is away for a short time on your business; and (2) The insured's responsibility to pay damages is determined in a "suit" on the merits in the territory described in a. above or in a settlement we agree to. (3) "Personal and advertising injury" offences that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the merits in the territory described in Paragraph a. above or in a settlement we agree to. 5„ "Employee" includes a 1eased worker". Employee "temporary worker". 913335 ATH EDITION 4.07 Includes CoMight Material Insane Services Office, Inc, with its perrrission. 13335400 PAGE 13 Of 17 6. 'Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, 7. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: (1) The repair, replacement, adjustment or removal of "your product" or it your work'; or (2) Your fulfilling the terms of the contract or agreement. 9. "Insured contract" mems: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; e. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; £ That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another parry to pay for "bodily injury" or "properry damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph £ does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad bridge or trestle, trach, road beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of- (a) f(a) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (b) Giving direction or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection or engineering services. 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and die labor leasing firm, to perform duties related to the conduct of your business. "Leased worker'' does not include a "temporary worker". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; 91-3335 41H EOIl10N 4-07 Includes Copyright Material Insurance Services Office, Inc, with 8s pernission. E333540E PAGE 14 OF 17 but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. VeNcles not described in a., b., c. or d. above that are not self --propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning. (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well set vicing equipment. 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injmr,", arising out of one or more of the following offenses: a. False arrest, detention or. imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication of material that violates a person's right of privacy; f The use of another's advertising idea in your "advertisement'; or g. Infringing upon another's copyright, trade dress or slogan in )lour "advertisement". 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 91-3335 4TH EDITION 4-07 Includes CoM10 Material Insurance Services Office, Inc, with Bs perniAm. 1333540F PAGE 15 OF 17 16. "Products - completed operations hazard": a. Includes all "bodily injury" and "property damage' occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at the job site has been put to its intended use by any other person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage' must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of. (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 17. "Property damage' means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence' that caused it. 18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property= damage', "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19. "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. 20. "Your product" means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) You; (2) Offiers trading under your name; or (3) 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. "Your product" includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and 913335 4TH EOIIGN 4-07 Includes Copyright Materiel Insurance Services Office, Inc, with Os permission. 133354OG PAGE 16 OF 17 b. The providing ofor failure to provide warnings or instructions. "Your product" does not include vending machines or other property rented to or located for the use of others but not sold. 21. "Your work" 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. "Your work" 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 ofor failure to provide warnings or instructions. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 41.3335 41H MON 4-07 Includes Copnigh Material Imurance Services Office, Inc, Qh ifs permission. E333540H PAGE 17 OF 17 E4009 4th Edition This endorsement changes the policy. Please Read it carefully. 11• I MAI ki §1 iTA I•! This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM BUSINESSOWNERS LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART APARTMENT OWNERS LIABILITY COVERAGE FORM CONDOMINIUM LIABILITY COVERAGE FORM DIRECTORS AND OFFICERS LIABILITY COVERAGE FROM The following provisions apply to your policy. A. Definition: 1. "Mold" means any type or form of fungus including but not limited to mildew, mycotoxins, spores, scents or by-products produced or released by "mold". 2. "Microorganism" means any organism (animal or plant) of microscopic size, including but not limited to any type or form of bacteria, bacterium, germ, intestinal flora, microbe, pathogen or virus or any part or by- product of any of the above. B. This insurance does not apply to any: 1. "Bodily injury" Property Damage" or "personal and advertising injury" which arising out of, resulting from, caused or contributed to, whether directly or indirectly by "mold" or "microorganism" and would not have occurred in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of or presence of any "mold" or "microorganism' 2. Any loss, cost or expense arising out 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 effect of "mold" or "microorganism", by any insured or by any other person or entity; 3. Any supervision, instruction, recommendation, warning or advice given or which should have been given in connection with 1 or 2 above; and 4. Any obligation to share with or repay someone else who must pay damages because of such injury or damage. However this exclusion does not apply to any "mold" or "microorganism" that are on, or are contained in, a good or product intended for consumption. The above applies regardless of any other cause that contributed concurrently or in any sequence to the injury or damage. 91.4009, 4th Edition 12103 Page 1 of 1 E3336 2nd Edition THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. � . � II! • . III � � � i This endorsement modifies insurance provided under the following: APARTMENT OWNERS POLICY CONDOMINIUM POLICY Coverage Hired Auto Liability Non -Owned Auto Liability SCHEDULE Additional Premium $72.00 $72.00 A. Insurance is provided only for those coverages for which a specific premium charge is shown in the Declarations or in the Schedule. 1. Hired Auto Liability The insurance provided under Paragraph A.1. Business Liability in the applicable Liability Coverage Form, applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired auto" by you or your "employees" in the course of your business. 2. Non -Owned Auto Liability The insurance provided under Paragraph A.1. Business Liability in Section 11 Liability, applies to "bodily in- jury' or "property damage" arising out of the use of any "non -owned auto" in your business by any person. B. For insurance provided by this endorsement only: 1. The exclusions, under the Paragraph B.1. Applicable To Business Liability Coverages in the applicable Liability Coverage Form, other than Exclusions a., b., d., f. and i. and the Nuclear Energy Liability Exclusion, are deleted and replaced by the following: a. "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: (a)Whether the insured may be liable as an employer or in any other capacity; and (b)To any obligation to share damages with or repay someone else who must pay damages because of injury. This exclusion does not apply to: (i) Liability assumed by the insured under an "insured contract"; or 91-3336, 2nd Edition 07/02 Includes Copyright material, ISO Properties, Inc., with Pagel of 2 its permission. (ii) "Bodily injury" arising out of and in the course of domestic employment by the insured unless benefits for such injury are in whole or in part either payable or required to be provided under any workers compen- sation law. b. "Property damage" to: (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured, 2. Paragraph C. Who Is An Insured in the applicable Liability, Coverage Form is replaced by the following: Each of the following is an insured under this endorsement to the extent set forth below: a. You; b. Any other person using a "hired auto" with your permission; c. For a "non -owned auto", any partner or "executive officer' of yours, but only while such "non -owned auto" is being used in your business; and d. Any other person or organization, but only for their liability because of acts or omissions of an insured under a., b. or c. above. None of the following is an insured: (1) Any person engaged in the business of his or her employer for "bodily injury" to any co -"employee" of such person injured in the course of employment, or to the spouse, child, parent, brother or sister of that co -"employee" as a consequence of such "bodily injury", or for any obligation to share damages with or repay someone else who must pay damages because of the injury; (2) Any partner or "executive officer" for any "auto" owned by such partner or officer or a member of his or her household; (3) Any person while employed in or otherwise engaged in duties in connection with an "auto business", other than an "auto business" you operate; (4) The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner of a "non -owned auto" or any agent or "employee" of any such owner or lessee; (5) Any person or organization for the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. C. The following additional definitions apply: 1. "Auto Business" means the business or occupation of selling, repairing, servicing, storing or parking "autos". 2. "Hired Auto" means any "auto" you lease, hire or borrow. This does not include any "auto" you lease, hire or borrow from any of your "employees" or members of their households, or from any partner or "executive officer" of yours. 3. "Non -Owned Auto" means any "auto" you do not own, lease, hire or borrow which is used in connection with your business. However, if you are a partnership, a "non -owned auto" does not include any "auto" owned by any partner. 91-3336, 2nd Edition 07/02 Includes Copyright material, ISO Properties, Inc., with its Page 2 of 2 permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FARMER 5 E3331 INSURANCE 3rd Edition LIMITATION OF COVERAGE TO DESIGNATED PREMISES This endorsement modifies insurance provided under the following: APARTMENT OWNERS LIABILITY COVERAGE FORM CONDOMINIUM LIABILITY COVERAGE FORM SCHEDULE* A. Premises: *Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to the applicable Liability Coverage Form. This insurance applies only to "bodily injury", "property damage'', or "personal and advertising injury" and medical expenses arising out of the ownership, maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises. This endorsement is part of your policy. It supersedes and controls anything to die contrary. It is otherwise subject to all the terms of the policy. 41-3331 3RD EOMON 8-07 Includes Copyrigh material, Insurance Services Office, Inc vAth Its permssion. E3331301 PAGE 1 OF 1 E3331-EO3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA This endorsement modifies insurance provided under the following: BUSINESSOWNERS SPECIAL PROPERTY- COVERAGE FORM APARTMENT OWNERS PROPERTY COVERAGE FORM CONDOMINIUM PROPERTY COVERAGE FORM 16316 1 st Edition A. The exclusion set forth in Paragraph B. applies to all coverage under Section A - Coverage in all applicable coverage forms and endorsements that comprise this policy, except as provided in Paragraph C. This includes but is not limited to forms or endorsements that cover property damage to buildings or personal property and forms or endorsements that cover business income, extra expense or action of civil authority. B. We will not pay for loss or damage caused by or resulting from any virus, bacterium or other microorganism that induces or is capable of inducing physical distress, illness or disease. C. However, the exclusion in Paragraph B. does not apply to the following: 1. Loss or damage caused by or resulting from "fungi", wet rot or dry rot. Such loss or damage may be addressed in a separate exclusion in this policy; or 2. Coverage otherwise provided under Food Borne Illness Business Interruption Coverage E3032 (if that endorsement is attached to this policy); or 3. Coverage otherwise provided under the Restaurant Food Contamination Shutdown Coverage E3419 (if that endorsement is attached to this policy). D. With respect to any loss or damage subject to the exclusion in Paragraph B., such exclusion supersedes any exclusion relating to "pollutants". E. If the following provisions are part of this policy, they are hereby atuended to remove reference to bacteria: Exclusion of "Fungi", Wet Rot, Dry Rot And Bacteria; and 2. Additional Coverage - Limited Coverage For 'Fungi", Wet Rot, Dry Rot And Bacteria, including any endorsement increasing the scope or amount of coverage. F. The terms of the exclusion in Paragraph B., or the inapplicability of this exclusion to a particular loss, do not serve to create coverage for any loss that would othettivise be excluded under this policy. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 93-6316 1ST EDITION 11-06 OO ISO Properties, Inc, 2006 J6316101 Page 1 of 1 J6316 -EDI THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FARM E R S 16849 INSURANCE IstEtlitlon DEDUCTIBLE PROVISIONS This endorsement modifies insurance provided under the following: APARTMENT OWNERS PROPERTY COVERAGE FORM CONDOMINIUM PROPERTY COVERAGE FORM Section D. DEDUCTIBLES in the applicable coverage form is deleted and replaced by the following: D. DEDUCTIBLES 1. We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the Deductible shown in the Declarations. We will then pay the amount of loss or damage in excess of the Deductible up to the applicable Limit of Insurance. 2. Regardless of the amount of the Property Deductible, the most we will deduct from any loss or damage under the following Optional coverages in any one occurrence is 5500 unless a higher deductible is shown in the Declarations for that Optional Coverage: a. Mone] and Securities; b. Employee Dishonestv; and c. Outdoor Signs. But this Optional Coverage deductible will not increase the Property Deductible shown in the Declarations. 3. If a $100 Glass Deductible is shown on the Declarations, the most we will deduct from any loss or damage to Building Glass in any one occurrence is $100. But this Optional Glass Deductible will not increase the Property Deductible shown in the Declarations. 4. No deductible applies to the following Additional Coverages: a. Fire Department Service Charge; b. Business Income; c. Association Fees; d. Civil Authority; and e. Exna Expense. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 936849 1ST EDITION 1-12 Includes Copyrighted Material of Insurance Services Office, Inc. with its peOssion. J6849101 Pop 1 of 1 J6849 -EDI THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED (OVERAGE FOR FUNGI, WET ROT, DRY ROT AND BACTERIA This endorsement modifies insurance provided under the following: APARTMENT OWNERS PROPERTY COVERAGE FORM CONDOMINIUM PROPERTY COVERAGE FORM jb829 1st Edition A. The following is added under B.I. EXCLUSIONS in the applicable PROPERTY COVERAGE FORM: h. "Fungi", Wet Rot, Dry Rot And Bacteria Presence, growth, proliferation, spread or any activity of "fimgi", wet or dry rot or bacteria. But if "fungi", wet or dry rot or bacteria results in a "specified cause of loss", we will pay for the loss or damage caused by that "specified cause of loss". This exclusion does not apply: (1) When "fungi", wet or dry rot or bacteria results from fire or lightning; or (2) To the extent that coverage is provided in the Additional Covet -age - Limited Coverage For "Fungi", Wet Rot, Dry Rot And Bacteria with respect to loss or damage by a cause of loss other than fire or lightning. B. Item B.11 Water, Mudslide or Mudflow under B.I. EXCLUSIONS in the applicable PROPERTY COVERAGE FORM is amended as follows: a. The following item is added to paragraph B.Lf.(2): (f) "Fungi", wet or dry rot or bacteria that results fi-om fire or lightning. b. The following is added as paragraph B.I.f.(3): This exclusion does not apply to the extent that coverage is provided in the Additional Coverage - Limited Coverage For "Fungi", Wet Rot, Dry Rot And Bacteria, if any, with respect to loss or damage by a cause of loss other than fire or lightning. C. Paragraph B.2.j.(2) under B.2. EXCLUSIONS in the applicable PROPERTY COVERAGE FORM is replaced by the following: (2) Rust or other corrosion, decay, deterioration, hidden or latent defect or any quality, in property that causes it to damage or destroy itself. D. The following is added under B.2.j. in the applicable PROPERTY COVERAGE FORM: (8) Continuous or repeated seepage or leafage of water, or the presence or condensation of humidity, moisture or vapor, that occas over a period of 14 days or more. E. Paragraph A.51,(6) of the Additional Ordinance Or Law Coverage in the APARTMENT OWNERS PROPERTY COVERAGE FORM and paragraph A.5.i.(6) of the Additional Ordinance Or Law Coverage in the CONDOMINIUM PROPERTY COVERAGE FORM is replaced by the following: (6) Under this Additional Coverage, we will not pay for: (a) The enforcement of any ordinance or law which requires demolition, repair, replacement, reconstruction, remodeling or remediation of property due to contamination by "pollutants" or due to the presence, growth, proliferation, spread or any activity, of "fungi", wet or dry rot or bacteria; or 93-6829 1ST EDITION 3-10 Indudes Copyrighted Material of Irnumnce Services Office, Inc %rith its permission. 16829101 Page 1 of 3 16829 -EDI (b) Any costs associated with the enforcement of any ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way, respond to, or assess the effects of "pollutants", "fungi", wet or dry rot or bacteria. F. The following is added as item n. in the CONDOMINIUM PROPERTY COVERAGE FORM and item p. in the APARTMENT OWNERS PROPERTY COVERAGE FORM under Section A.5. Additional Coverages: Limited Coverage For "Fungi", Wet Rot, Dry Rot And Bacteria If "fungi", wet or dry rot or bacteria results from a "specified cause of loss" (other than fire or lightning) that occurs during the policy period, and if all reasonable means were used to save and preserve the property from further damage at the time of and after that occurrence: (1) We will pay for loss or damage by "fungi", wet or dry rot or bacteria. As used in this Limited Coverage, the term loss or damage means: (a) Direct physical loss or damage to Covered Property caused by "fungi", wet or dry rot or bacteria, including the cost of removal of the "fungi", wet or dry rot or bacteria; (b) The cost to tear out and replace any part of the building or other property, as needed to gain access to the "fungi", wet or dry rot or bacteria; and (c) The cost of testing performed after removal, repair, replacement or restoration of the damaged property is completed, provided it is reasonable to believe that "firngi", wet or dry rot or bacteria are present. (2) The most we will pay under this Limited Coverage for the sum of all loss or damage arising out of all occurrences of "specified causes of loss" (other than fire or lightning) which take place in each 12 month period (beginning with the effective date of this policy), is $15,000. The $15,000 aggregate limit is subject to and not in addition to the applicable Limit of Insurance on the affected property and is applied regardless of the number of premises involved in such occurrence(s). (3) We will not pay more than the total of $15,000 under this Limited Coverage even if the "fungi", wet or dry rot or bacteria continues to be present or active, or rectus, in a later policy period. (4) Payments under this Limited Coverage are subject to and not in addition to the applicable Limit of Insurance on any Covered Property. (5) If there is covered loss or damage to Covered Property, not caused by "fungi", wet or dry rot or bacteria, loss payment will not be limited by the terms of this Limited Coverage, except to the extent that "fungi", wet or dry rot or bacteria causes an increase in the loss. Any such increase in the loss will be subject to the terms of this Limited Coverage. (G) The terms of this Limited Coverage do not increase or reduce the coverage provided under the Additional Coverages 5.d. Collapse or 5.e. Water Damage, Other Liquids, Powder or Molten Material Damage. (7) This Limited Coverage applies if a Limit of Insurance is shown in the Declarations for Building or Personal Property. (8) The following applies only if Business Income and Extra Expense Coverage applies to the described premises and only, if the suspension of "operations" satisfies all terms and conditions of the applicable Business Income and/or Extra. Expense coverage. (a) If the loss which resulted in "fungi", wet or dry rot or bacteria does not in itself necessitate a suspension of "operations", but such suspension is necessary due to loss or damage to property caused by "fungi", wet or dry rot or bacteria, we will pay, for the actual loss of business income and extra expense you sustain. However, we will only pay for loss of business income and extra expense sustained in a period of not more than 30 days. The days need not be consecutive. 936629 1ST EDITION 3-10 Includes Copyrighted Material of Insurance Services Office, Inc v671h i8 permission. J6829102 Page 2 of 3 (b) If a covered suspension of 'operations" was caused by loss or damage other than "fungi", wet or dry rot or bacteria, but remediation of "fungi", wet or dry rot or bacteria prolongs the "period of restoration", we will pay for the actual loss of business income and extra expense you sustain during the delay (regardless of when such a delay, occurs during the "period of restoration") but such coverage is limited to 30 days. The days need not be consecutive. (9) The following applies to Association Fees and Extra Expense coverage: (a) If the loss which resulted in "fungi", wet or dry, rot or bacteria does not in itself render a unit uninhabitable, but such unit is uninhabitable due to loss or damage to property caused by "fungi", wet or dry rot or bacteria, then our payment under the Association Fees and Extra Expense coverage is limited to the amount of lost fees and/or expense sustained in a period of not more than 30 days. The days need not be consecutive. (b) If loss or damage other than "fungi" wet or dry rot or bacteria renders a unit uninhabitable, but remediation of "fungi", wet or dry rot or bacteria prolongs the "period of restoration", we will pay for loss of Association Fees and/or Extra Expense you sustain during the delay (regardless of when such a delay occurs during the "period of restoration"), but such coverage is limited to 30 days. The days need not be consecutive. G. Section H. PROPERTY DEFINITIONS of the applicable PROPERTY COVERAGE FORIM is revised. as follows: 1. The following definition is added: 9. "Fungi" means any type or form of f rrigus, including mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by fungi. 2. The first two paragraphs of Item 6. "Specified Causes of Loss" are replaced by the following: 6. "Specified Causes of Loss" means the following: Fire; lightning; explosion; windstorm; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; sinkhole collapse; volcanic action; falling ob)ects; water damage; weight of snow, ice or sleet. 3. The following subparagraph is added to item 6. "Specified Causes of Loss": e. Water damage means sudden and accidental discharge or leakage of water or steam as a direct result of the breaking apart or cracking of any part of a system or appliance (other than a sump system including its related equipment and parts) containing water or steam. 93-6829 1ST EDITION 3-10 Includes Copyrighted Material of Insurance Services Office, Inc vith its permission. 16829103 Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. f� FARM E RS INSURANCE EXTENDED BUSINESS INCOME - MODIFICATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM APARTMENT OWNERS PROPERTY COVERAGE FORM 16360 1 st Edition With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. In the BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM, Additional Coverage A.5.£(2) Extended Business Income is amended as follows: 1. Sub -paragraph (b)(ii) is deleted in its entirety and replaced by the following: (ii) 30 consecutive days after the date determined in (2)(a) above; or 2. The following sub -paragraph, (b)(iii) is added: (iii) up to 180 consecutive days after the date determined in (2)(a) above if required by yore• mortgage holder. B. In the APARTMENT OWNERS PROPERTY COVERAGE FORM, Additional Coverage A.5•e.(2)Extended Business Income is amended as follows: 1. Sub -paragraph (b)(ii) is deleted in its entirety and replaced by the following: (ii) 30 consecutive days after the date determined in (2)(a) above; or 2. The following sub -paragraph, (b)(iii) is added: (iii) up to 180 consecutive days after the date determined in (2)(a) above if required by your mortgage holder. C. Other than the time provision revised above, all conditions and provisions of the applicable Property Coverage Form pertaining to Extended Business Income remain unchanged. This endorsement is part of your policy. It supersedes and controls anything to the contraiv. It is otherwise subject to all the terms of die policy. 93-6360 1ST EDITION 10-07 Includes Copyrighted Material of Insurance Services office, Inc with its permssion. J6360101 PAGE 1 of 1 J63MDl THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FARMERS j6834 INSURANCE 1st Edition APARTMENT OWNERS PREMIER PACKAGE ENDORSEMENT This endorsement modifies insurance provided under the following: APARTMENT OWNERS PROPERTY COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apple unless modified by the endorsement. A. The following is added as paragraph c. under A.I. COVERED PROPERTY: e. Specified Property owned by you, consisting of the following: (1) Driveways; (2) Fences; (3) Pools and spas; (4) Walkways; and (5) Walls. However, Specified Property does not include personal property located inside a building or structure. B. Section A.2. PROPERTY NOT COVERED is amended as follows: Paragraph 2.e. is deleted and replaced by the following: e. Fences, walls, walks, driveways and pools, radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers, signs (other than signs attached to buildings), trees, shrubs or plants, all except provided in: (1) Paragraph A.l.e. Specified Property; (2) Paragraph A.6.d. Outdoor Property; or (3) Paragraph G.2. OUTDOOR SIGNS. C. Section A.S. ADDITIONAL COVERAGES is amended as follows: 1. Paragraph 5.c. Fire Department Service Charge is deleted and replaced by the following: c. Fire Department Service Charge When the fire department is called to save or protect COVERED PROPERTY from a COVERED CAUSE OF LOSS, we will pay, up to $25,000, for your liability, for fire department service charges: (1) Assumed by contract or agreement prior to loss; or (2) Required by local ordinance. 93-6831 1ST EDITION 10-10 Indudes Copyrighted Materiel of humnce Services Office, Inc with its perrrission. J6834101 PAGE 1 OF S 16834 -EDI 2. Paragraph 5.g. Pollutant Clean Up and Removal is deleted and replaced by the following: g. Pollutant Clean Up and Removal We will pay, your expense to extract "pollutants" from land or water at the described premises if the discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused by or results from a COVERED CAUSE OF LOSS that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the earlier of: (1) The date of direct physical loss or damage; or (2) The end of the policy period. The most we will pay for each location under this Additional Coverage is $50,000 for the sum of all such expenses arising out of COVERED CAUSES OF LOSS occurring during each separate 12 month period of this police. 3. Paragraph 5.k. Ordinance Or Law Coverage is deleted and replaced by the following: L Ordinance Or Law Coverage (1) Coverage I - Coverage for Loss to the Undamaged Portion of the Building or Structure If a COVERED CAUSE OF LOSS occurs to covered building or structure property, we will pay under Coverage 1 for the loss in value of the undamaged portion of the building or structure as a consequence of the enforcement of any ordinance or law that: (a) Requires the demolition of parts of the same property not damaged by a COVERED CAUSE OF LOSS; (b) Regulates the construction or repair of buildings or structures, or establishes zoning or land use requirements at the described premises; and (e) Is in force at the time of loss. However: We will not pay for the Increased Cost of Construction: (a) Until the property> is actually repaired or replaced, at the same or another premises; and (b) Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage, not to exceed two years. We may extend this period in writing during the two years. If the building or structure is repaired or replaced at the same premises, or if you elect to rebuild at another premises, the most we will pay for the Increased Cost of Construction is the increased cost of construction at the sante premises. If the ordinance or law requires relocation to another premises, the most we will pay for Increased Cost of Construction is the increased cost of construction at the new premises. Coverage 1 is included within the Limit of Insurance shown in the Declarations as applicable to the covered Building or structure property. Coverage 1 does not increase the Limit of Insurance. 93-6834 1ST EDITION 1010 Includes Copyrighted Material of Insurance Services Office, Inc with its permission. 16834102 PAGE 2 OF 5 (2) Coverage 2 - Demolition Cost Coverage If a COVERED CAUSE OF LOSS occurs to covered building or structure property, we will pay the cost to demolish and remove debris of undamaged parts of the property caused by enforcement of building, zoning or land use ordinance or law. (3) Coverage 3 - Increased Cost of Construction Coverage If a COVERED CAUSE OF LOSS occurs to the covered building or structure property_ , we will pay for the increased cost to: (a) Repair or reconstruct damaged portions of that building or structure property; and/or (b) Reconstruct or remodel undamaged portions of that building or structure property, whether or not demolition is required; when the increased cost is a consequence of the enforcement of a building, zoning or land use ordinance or law. However: (a) This coverage applies only if the restored or remodeled property is intended for similar occupancy as die current property=, unless such occupancy is not permitted by a zoning or land use ordinance or law. (b) We will not pay for the increased cost of construction if the building or structure is not repaired, reconstructed or remodeled. (4) This Additional Coverage applies only to building or structure property insured on a replacement cost basis. (5) Paragraph E.6.d. of the Property Loss Conditions does' not apply to the Demolition Cost Coverage or the Increased Cost of Construction Coverage. (6) Under this Additional Coverage, we will not pay any costs due to an ordinance or law that: (a) You were required to comply with before the loss, even when the building or structure was undamaged; and (b) You failed to comply with. (7) Under this Additional Coverage, we will not pay any costs associated with the enforcement of an ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants". (8) The most we will pay under this Additional Coverage, for all covered loss arising out of the salve occurrence is $250,000 for Coverage 2 and Coverage 3 unless a higher limit is shown on the Declarations for Ordinance or Law Coverage. These Additional Coverage limits apply in addition to the Building Limit of Insurance. (9) This Additional Coverage is not subject to the terms of the Ordinance or Law Exclusion, to the extent that such Exclusion would conflict with the provisions of this Additional Coverage. (10) The costs addressed in the Loss Payment Property Loss Condition in this Coverage Form do not include the increased cost attributable to the enforcement of an ordinance or law. The aniount payable under this Additional Coverage, as stated in 1.(7) of this Additional Coverage, is not subject to such limitation. 93-6834 1ST EDITION 10-10 Includes Copyrighted Material of Insurance Services Office, Inc with its permission. 16834103 PAGE 3 OF 5 4. Paragraph 5.o. Fire Extinguisher Recharge is deleted and replaced by the following: o. Fire Extinguisher Recharge We will pay tip to $5,000 per occurrence for the necessary costs to recharge or replace (whichever is less) fire extinguishers or fire suppression systems owned by the insured that are accidentally discharged or discharged as a result of extinguishing a covered fire which occurs at a location shown in the Declarations. 5. The following Additional Coverage item is added: p. Extended Building Replacement Cost (1) We will pay, up to 150% of the Limits of Insurance shown on the Declarations to repair or replace covered buildings damaged by a covered loss, if - (a) Buildings, including garages and carports, are insured at policy inception to 100% of their replacement cost; and (b) You accept each annual adjustment in building coverage limits to maintain proper insurance to value, and pay the corresponding premium when due, if this policy is a renewal of a prior policy; and (c) You notify us within 90 days of the start of any physical changes which increase the value of the insured buildings by $25,000 or more, and pay any additional premium due. This includes any nese structures covered under this Additional Coverage and any additions to or remodeling of the buildings. (2) This Additional Coverage does not apply to: (a) Specified Property, Outdoor Signs or any other appurtenant structures. However, this exclusion does not apply to garages or carports. (b) Any property listed in A.2. PROPERTY NOT COVERED of the APARTMENT OWNERS PROPERTY COVERAGE FORM, regardless of any endorsement or declaration page entry which extends coverage to such property. (c) Building upgrades as required by the enforcement of any ordinance or law regulating the use, constriction, repair or demolition of the building, including debris removal. (d) Damage caused by earthqualce, even if earthquake is otherwise covered under this policy. (3) Loss settlement under this Additional Coverage will not exceed the least of the following amounts: (a) The replacement cost of the damaged part of the building for equivalent construction and use on the same premises. (b) The amount necessarily spent to repair or replace such property intended for the same occupancy and use. (c) The lesser of Actual Cash Value or the Building limit shown on the Declarations if the buildings are not repaired or replaced. (d) 150% of the Building limit shown on the Declarations. 93-6834 1ST EDITION 14.10 Indudes Copyrighted Material Of Irrsurance Services Office, Inc wish its permission. 16834104 PAGE 4 Of 5 D. Section A.6. COVERAGE EXTENSIONS is amended as follows: Paragraph 6.d. Outdoor Property is deleted and replaced by the following: d. Outdoor Property You may extend the insurance provided by this policy to apply to your radio and television antennas (including satellite dishes), signs (other than signs attached to buildings), trees, shrubs and plants, including debris removal expense, caused by or resulting from any of die following causes of loss: (1) Fire; (2) Lightning; (3) Explosion; (4) Wind; (5) Hail; (6) Riot or Civil Commotion; or (7) Aircraft. The most we will pay for loss or damage under this Extension is the Limit of Insurance shown in the Declarations for Outdoor Property, but not more that $25,000 for any one tree, shrub or plant. This Coverage Extension for Outdoor Property applies as described above, regardless of any other condition described elsewhere in this polio, that: (1) Exclude coverage for damage caused by or resulting from Wind or Iail; or (2) Provide a specific deductible for loss or damage caused by or resulting from Wind or Hail. E. Section G. OPTIONAL COVERAGES is amended as follows: 1. Paragraph 1. SPECIFIED PROPERTY is deleted. 2. Paragraph 2.d. OUTDOOR SIGNS is deleted and replaced by the following: d. The most we will pay for loss or damage to Outdoor Signs in any one occurrence is $50,000, unless a higher limit is shown in the Declarations, but not more than $25,000 per sign. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 93.6834 1ST EDITION 10-10 Indudes Copyrigfrted Material of Irnurance Services Office, Inc with its permssion. 16834105 PAGE 5 OF 5 E3025 3rd Edition All coverages of this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us ad- vance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 5 days before the effective date of cancellation if any one of the following conditions exists at any building that is Covered Property in this policy. (1) The building has been vacant or unoccupied 60 or more consecutive days. This does not apply to: (a) Seasonal unoccupancy; or (b) Buildings in the course of construction, renovation or addition. Buildings with 65% or more of the rental units or floor area vacant or unoccupied are considered unoc- cupied under this provision. (2) After damage by a covered cause of loss, permanent repairs to the building: (a) Have not started, and (b) Have not been contracted for, within 30 days of initial payment of loss. (3) The building has: (a) An outstanding order to vacate; (b) An outstanding demolition order; or (c) Been declared unsafe by governmental authority. (4) Fixed and salvageable items have been or are being removed from the building and are not being re- placed. This does not apply to such removal that is necessary or incidental to any renovation or remod- eling. (5) Failure to: (a) Furnish necessary heat, water, sewer service or electricity for 30 consecutive days or more, except during a period of seasonal unoccupancy; or (b) Pay property taxes that are owing and have been outstanding for more than one year following the date due, except that this provision will not apply where you are in a bona fide dispute with the taxing authority regarding payment of such taxes. b. 10 days before the effective date of cancellation if we cancel for nonpayment of premium. c. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the re- fund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. 91-3026, 3rd Edition 07/02 Includes Copyright material, Insurance Services Office, Inc., with its Pagel of 4 permission. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Concealment, Misrepresentation Or Fraud This policy is void in any case of fraud by you as it relates to this policy at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning: 1. This policy; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this policy. D. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. E. Inspections And Surveys We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to pro- vide for the health or safety of workers or the public. And we do not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. F. Insurance Under Two Or More Coverages If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. G. Liberalization If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this policy. 91-3025, 3rd Edition 07/02 Includes Copyright material, Insurance Services Office, Inc., with its Page 2 of 4 permission. H. Other Insurance 1. If there is other insurance covering the same loss or damage, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. 2. Business Liability Coverage is excess over any other insurance that insures for direct physical loss or damage. 3. When this insurance is excess, we will have no duty under Business Liability Coverage to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so; but we will be entitled to the insured's rights against all those other insurers. Premiums 1. The first Named Insured shown in the Declarations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect at the time the policy was is- sued. On each renewal, continuation or anniversary of the effective date of this policy, we will compute the pre- mium in accordance with our rates and rules then in effect. 3. With our consent, you may continue this policy in force by paying a continuation premium for each successive one-year period. The premium must be: a. Paid to us prior to the anniversary date; and b. Determined in accordance with Paragraph 2. above. Our forms then in effect will apply. If you do not pay the continuation premium, this policy will expire on the first anniversary date that we have not received the premium. 4. Undeclared exposures or change in your business operation, acquisition or use of locations may occur during the policy period that are not shown in the Declarations. If so, we may require an additional premium. That pre- mium will be determined in accordance with our rates and rules then in effect. J. Premium Audit 1. This policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual exposures. 2. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. K. Transfer Of Rights Of Recovery Against Others To Us 1. Applicable to Apartment Owners Property Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: a. Prior to a loss to your Covered Property. b. After a loss to your Covered Property only if, at time of loss, that party is one of the following: (1) Someone insured by this insurance; (2) A business firm: 91-3025, 3`d Edition 07/02 Includes Copyright material, Insurance Services Office, Inc., with its Page 3 of permission. (a) Owned or controlled by you; or (b) That owns or controls you; or (3) Your tenant. You may also accept the usual bills of lading or shipping receipts limiting the liability of carriers. This will not restrict your insurance. 2. Applicable to Apartment Owners Liability Coverage: 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. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Ex- penses Coverage. L. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. 91-3025, 3rd Edition 07/02 Includes Copyright material, Insurance Services Office, Inc., with its Page 4 of permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FARMERS INSURANCE TWO OR MORE COVERAGE FORMS This endorsement modifies insurance provided under the following. APARTMENT OWNERS COMMON POLICY CONDITIONS CONDOMINIUM COMMON POLICY CONDITIONS j6739 1 st Edition 1. The following paragraph is added to the APARTMENT OWNERS and CONDOMINIUM COMMON POLICY CONDITIONS and supersedes any provision to the contrary: A. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued by us or any company affiliated with us provide coverage to anyone who qualifies as an insured under the policies and apply to the same accident, claim, damage, loss, "occurrence", offense, or "suit", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over the Coverage Form. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 93.6739 1ST EOI110N 4-09 Includes topyrighled Material of Insurance Services Office, Inc avith its perp iss an./6739101 PAGE 1 OF 1 E0051 2nd Edition THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM BUSINESGOVV0ERS SPECIAL PROPERTY COVERAGE FORM BUS1NESSOW0ERSL|ABKLRY COVERAGE FORM COMMERCIAL PROPERTY CAUSES QFLOSS-SPECIAL FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to any actual, threatened injury,` or damage from usboaboa or silica or any asbestos or silica containing good, product or motexia|, including but not limited to the hdkmvng: 1. Bodily injury or personal and advertising injury which would not have occurred in whole nrpart but for asbestos orsilica orexposure to asbestos orsilica; 2. Property loss or"property damage" arising out of, resulting from, caused by, contributed to or aggravated by asbestos or silica orexposure to asbestos or silica; 3. Any loss, coat, mxpenea, nequest, demand, ovder, claim nr''ouit'to test for, monitor, clean up, vemnvo, abake, mibgata, contein, inea, detoxify, neute|bm, dispose oforin anyway respond to orassess the effects ofasbestos orsilica orexposure toasbestos or silica; 4. Any loss, cost, expenao, mquest, demand, ovder, claim or "suit" hoshare damages with orrepay someone o|oe who must pay damages arising out of asbestos or silica orexposure to asbestos orsilica; 6. Any |uas' ooat, expense ordamage arising out of, resulting from, caused byorcontributed to by any super- vision, instructions, moommondatinno, warnings or advice given or which should have been given in con- nection with asbestos or silica or exposure to asbestos or silica. For purposes cfthis exclusion, bodily injury k*amended to include mental injury, anguish, distress orfear of cancer or other injury, illness ordisease caused byorrelated to asbestos orexposure hm asbestos or silica. For purposes of this exclusion, property damage and property loss are amended toinclude actual mthreat- ened loss of property value, loss of equity, |oao of use, loss of rents or other economic injury caused by asbes- tos 91-0061, 2nd Edition 12/03 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. E3037 NO COVERAGE FOR CERTAIN COMPUTER-RELATED LOSSES 1st Edition This endorsement modifies insurance provided under the following: APARTMENT OWNERS POLICY CONDOMINIUM POLICY With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. We will not pay for loss or damage to any property, loss of use of any property, any Association Fees, Extra Expense or loss of Business Income caused directly or indirectly by - 1. The failure or malfunction of: a. Any of the following, whether belonging to you or to others: (1) computer hardware: (2) computer software: (3) computer operating systems: (4) computer networks; (5) microprocessors (computer chips); (6) any other computerized or electronic equipment or components; (n any electronic data processing equipment, computer programs and software; or b. Any other products or services that directly or indirectly use or rely upon, in any manner, any of the items listed in paragraph 1.a. of this endorsement. due to the inability of those products or services described in paragraphs 1.a. and 1.b. to correctly recognize, distinguish, interpret, accept or process any encoded, abbreviated or encrypted date(s) or times(s). 2. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair or supervision done by you or for you to determine, rectify or test any potential or actual failure or malfunction described in paragraph A.1. above. However, if an excluded loss or damage results in a "Specified Cause of Loss" (such as fire), we will pay only for the loss or damage caused by such "Specified Cause of Loss". B. We will not pay for "bodily injury", "property damage", "personal injury" or "advertising injury" for which any insured may be held liable by reason of: 1. The failure or malfunction of any of the items listed in paragraph A.1.a. of this endorsement; or 2. Any products or services that directly or indirectly use or rely upon, in any manner, any of the items listed in paragraph A.1.a. of this endorsement due to the inability of those products or services described in paragraphs 1. and 2. above to correctly recognize, distinguish, interpret, accept or process any encoded, abbreviated or encrypted date(s) ortimes(s). C. We will not pay for repair or modification of any part of an electronic data processing system, or its related equipment, to correct deficiencies or features of logic or operation. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 91-3037 1ST EDITION 8-98 Includes Copyright Material Insurance Services Office, Inc., 1998 E3037101 PAGE 1 OF 1 E3037-ED1 E0147 1st Edition THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: APARTMENT OWNERS LIABILITY COVERAGE FORM CONDOMINIUM LIABILITY COVERAGE FORM The following provisions are added to the applicable Liability Coverage Form A. Exclusion j. under Paragraph B.I. Exclusions Applicable To Business Liability Coverage is replaced by the following: 1. Applicable To Business Liability Coverage This insurance does not apply to: j. War "Bodily injury", "property damage", "personal injury', "advertising injury' or "personal and advertising injury", however caused, arising, directly or indirectly, out of: (1 ) War, including undeclared or civil war; or (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. B. Exclusion h. under Paragraph B.2. Exclusions Applicable To Medical Expenses Coverage does not apply. Medical Expenses due to war are now subject to Exclusion g. of Paragraph B.2. since "bodily injury" arising out of war is now excluded under Paragraph B.1., Exclusions Applicable To Business Liability Coverage. 91-0147, 1st Edition 04103 Includes Copyright material, © ISO Properties, Inc., with its Page 1 of 1 permission. E3015 2nd Edition THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: APARTMENT OWNERS POLICY CONDOMINIUM POLICY The following is added: The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accor- dance with our rates and rules then in effect. 91-3015, 2ND Edition 07/02 Includes Copyright material, ® ISO Properties, Inc., with its Page 1 of 1 permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. &hFARMERS INSURANCE Policy Number: 60550-91-91 16351 1 st Edition LIMITED TERRORISM EXCLUSION (OTHER THAN CERTIFIED ACTS OF TERRORISM); CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the policy number indicated above. SCHEDULE The Exception Covering Certain Fire Losses (Paragraph B.2.) applies to property located in rhe following state(s): California, Hawaii, Iowa, Illinois, Massachusetts, Maine, Missouri, North Carolina, New Jersey, New Fork, Oregon, Rhode Island, Virginia, Washington, Wisconsin, West Virginia Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following definitions are added with respect to the provisions of this endorsement: 1. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 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. "Other act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not certified as a terrorist act pursuant to the federal Terrorism Risk Insurance Act. However, ''other act of terrorism" does not include an act which meets the criteria set forth in Paragraph b. of the definition of "certified act of terrorism" when such act resulted in aggregate losses of $5 million or less. B. The Property Coverage Form attached to this policy is amended as follows: 1. The following exclusion is added: EXCLUSION OF AN "OTHER ACT OF TERRORISM" We will not pay for loss or damage caused directly or indirectly by an "other act of terrorism". Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. But this exclusion applies only when one or more of the following are attributed to such act: a. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or b. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials; or 93-6351 1STEDITION 1-08 Includes Copyright mmeriol, ISO Properties, Inc; vmh Bspernis3on. J63SI101 PAGE 1 OF 3 J6351 -EDI c. The total of insured damage to all types of property in the United States, its territories and possessions, Puerto Rico and Canada exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions. Multiple incidents of "other acts of terrorism" which occur within a 72 -hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident. With respect to this item, B.I.c. the immediately preceding paragraph describes the threshold used to measure the magnitude of an "other act of terrorism" and the circumstances in which the threshold will apply, for the purpose of determining whether this exclusion will apply to that incident. When the exclusion applies to an "other act of terrorism", there is no coverage under this Policy. 2. Exception Covering Certain Fire Losses The following exception to the Exclusion in Paragraph B.I. applies only if indicated and as indicated in the Schedule of this endorsement. If an "other act of terrorism" results in fire, we will pay for the loss or damage caused by that fire, subject to all applicable policy provisions including the Limit of Insurance on the affected property. Such coverage for fire applies only to direct loss or damage by fire to Covered Property. Therefore, for example, the exception does not apply to insurance provided under business income and/or extra expense coverage or endorsements that apply to those coverages. C. The Liability Coverage Form attached to this policy is amended as follows: 1. The following exclusion is added: This insurance does not apply to: TERRORISM "Any injury or damage" arising, directly or indirectly, out of an "other act of terrorism". However, this exclusion applies only when one or more of the following are attributed to such act: a. The total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the danaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or b. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: (1) Physical injury that involves a substantial risk ofdeath; or (2) Protracted and obvious physical disfigurement; or (3) Protracted loss oforimpairment ofthefunction ofabodily member ororgan; or c. The terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or d. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or e. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion, Paragraphs C.I.a, and b. describe the thresholds used to measure the magnitude of an incident of an "other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. 93.63S1 ISTEOITON 1-00 Includes Copyright rrteriol, ISO Properties, Inc, viith its perrrisdon. J6351102 PAGE 2 OF 3 2. The following definition is added: a. For the purposes of this endorsement, "any injury or damage' means any injury or damage covered under any Coverage Form to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage" or "personal and advertising injury" as may be defined in any applicable Coverage Form. D. APPLICATION OF OTHER EXCLUSIONS The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for any loss which would othetivise be excluded under this Policy, such as losses excluded by aNuclear Hazard Exclusion or a War and Military Action Exclusion. E. CAPON CERTIFIED TERRORISM LOSSES The following limitation applies to property and liability coverage for any one or more " certified acts of of terrorism" that are not excluded by the terms Paragraph D. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year Qanuary 1 through December 31) 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. This endorsement is part of your policy. It supersedes and controls anything to die contrary. It is otherwise subject to all the terms of the policy. 936351 1STEDRON 1-08 Indodes Copyright material, ISO Properties; Inc, with its pernission. 16351103 PAGE 3 OF 3 S0741 Colorado 2nd Edition THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: APARTMENT OWNERS POLICY CONDOMINIUM POLICY A. Paragraph 2. of A. Cancellation in the applicable Common Policy Conditions is replaced by the following: 2.a. If this policy has been in effect for less than 60 days, we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. b. If this policy has been in effect for 60 days or more, or is a renewal of a policy we issued, we may cancel this policy by mailing through first class mail to the first Named Insured written notice of cancellation: (1) Including the actual reason at least 10 days before the effective date of cancellation, if we cancel for nonpayment of premium; or (2) At least 45 days before the effective date of cancellation if we cancel for any other reason. We may only cancel this policy based on one or more of the following reasons: (1) Nonpayment of premium; (2) A false statement knowingly made by the insured on the application for insurance; or (3) A substantial change in the exposure or risk other than that indicated in the application and underwritten as of the effective date of this policy unless the first Named Insured has notified us of the change and we accept such change. B. Paragraph 6. of A. Cancellation in the applicable Common Policy Conditions is deleted in its entirety. C. The following is added and supersedes any other provision to the contrary: M.NONRENEWAL If we decide not to renew this policy, we will mail through first-class mail to the first Named Insured shown in the Declarations written notice of the nonrenewal at least 45 days before the expiration date, or its anniversary date if it is a policy written for a term of more than one year or with no fixed expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. D. The following Condition is added: N. INCREASE IN PREMIUM OR DECREASE IN COVERAGE We will not increase the premium unilaterally or decrease the coverage benefits on renewal of this policy unless we mail through first-class mail written notice of our intention, including the actual reason, to the first Named In- sured's last mailing address known to us, at least 45 days before the effective date. Any decrease in coverage during the policy term must be based on one or more of the following reasons: 1. Nonpayment of premium; 2. A false statement knowingly made by the insured on the application for insurance; or 90-0741, 2nd Edition 06102 Includes Copyright material, Insurance Services Office, Inc., with its Pagel o1`2 permission. 3. A substantial change in the exposure or risk other than that indicated in the application and underwritten as of the effective date of the policy unless the first Named Insured has notified us of the change and we accept such change. If notice is mailed, proof of mailing will be sufficient proof of notice. 90-0741, 2nd Edition 06/02 Includes Copyright material, Insurance Services Office, Inc., with its Page 2 of 2 permission. S0743 Colorado 2nd Edition THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO CHANGES YOUR RIGHT TO CLAIM AND OCCURRENCI INFORMATION This endorsement modifies insurance provided under the following: DIRECTORS AND OFFICERS LIABILITY COVERAGE FORM CONDOMINIUMS AND COOPERATIVES) The following replaces ADDITIONAL CONDITION 7. Your Right To Claims Information in the Coverage Form: 7'Your Right toClaims and "Oocunrence^Information We will provide the first Named Insured shown in the policy Declarations the following information relatingto this and any other preceding claims made Directors And Officers Liability Coverage Form we have issued to you during the previous three years: o.Alist or other record of each "occurrence' not previously reported to any other insurer, ofwhich wowere notified inaccordance with paragraph2. m. mf"wrongful act",claim mv^sud^inF. ADDITIONAL CONDITIONS inthe Coverage Form. VVewill include the date and brief description ofthe ^000urence^ifthat information was inthe notice wereceived. b.A summary by policy year, of payments made and amounts reserved, stated separately, under any applicable Annual Aggregate Limit. Amounts reserved are based on our judgment. They are subject to change and should not be regarded as ultimate settlement values. If we cancel or elect not to renew this Coverage Form, we will provide such information no later than 30 days before the date of policy termination. In other circumstances, we will provide this information only if we receive a written request from the first Named Insured within 60 days after the end of the policy period. |nthis case, we will provide this information within 3Odays /freceipt n[the request. We compile claim and ^ nence"informadonfov our own business and exercise reasonable care i doing so. In providing this information to the Named Insured we make no representations or warranties to insureds, insurers, or others to whom this information is furnished by or on behalf of any insured. Cancellation or nonrenewal will be effective even if we inadvertently provide inaccurate information. 9U-0743,2nd Edition 10102 Includes Copyright material, @ ISO Properties, |no�with its Page 1mf1 S0744 Colorado 2nd Edition THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A 4 This endorsement modifies insurance provided under the following: APARTMENT OWNERS POLICY CONDOMINIUM POLICY The CONCEALMENT, MISREPRESENTATION OR FRAUD Condition is replaced by the following: CONCEALMENT, MISREPRESENTATION OR FRAUD We will not pay for any loss or damage in any case of: 1. Concealment or misrepresentation of a material fact; or 2. Fraud; committed by you or any other insured ("insured") at any time and relating to coverage under this policy. 90-0744, 2nd Edition 06/02 Includes Copyright material, Insurance Services Office, Inc., with its Page 1 of 1 permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - VIOLATION OF STATUTES THAT GOVERN E-MAILS, FAX, PHONE CALLS OR OTHER METHODS OF SENDING MATERIAL OR INFORMATION This endorsement modifies insurance provided udder the following: 16347 1 st Edition The following exclusion is added to Paragraph B. Exclusions - Applicable To Business - Liability Coverage. B. Exclusions This insurance does not apply to: DISTRIBUTION OF MATERIAL IN VIOLATION OF STATUTES n n n w n n Bodily injury", property arnage , or person an advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b. The CAN-SPAiv1 Act of 2003, including any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. This endorsement is part of ,your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 43-6347 1ST EDITION 1-07 J6347101 Page 1 of 1 J6347 -EDI THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. t;I% FARM E R 5 E6288 INSURANCE 3rd Edition EXCLUSION - CONVERSION PROJECTS With respect to coverage provided by this endorsement, the provisions of the coverage form apply unless modified by this endorsement. This endorsement modifies insurance provided udder the following: Apartment Owners Liability Coverage Form Condominium Liability Coverage Form A. The following is added to Section B. EXCLUSIONS, Paragraph 1. Applicable To Business Liability Coverage of the applicable Coverage Form: Conversion Projects "Bodily injury", "propem damage" or "personal and advertising injury" including loss adjustment expense that arises out of, is related to, or connected with any "Conversion Project". B. For the purposes of this endorsement, the following definition is added to Section F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS of the applicable Coverage Form: 22. "Conversion Project" means any activities whereby all or part of an existing structure is converted into a condominium, townhouse, apartment, hotel, motel, any multiple use residential or commercial building, or any such change of use as referenced in any applicable laws. 91-6288 3RD EDITION 9-13 Includes copyrighted material of Irnurance Services Office, Inc, with its permission. E62801 Page 1 of 1 16288-ED3 FARMERS INSURANCE ADDITIONAL CONDITIONS Applicable only if this policy is issued by the Truck Insurance Exchange or Farmers Insurance Exchange RE(IPRO(AL PROVISIONS As used in these provisions die term "Underwriters Association" means the Truck Underwriters Association -or the Farmers Underwriters Association respectively, attorney-in-fact for the Insurance Exchange issuing the policy. This policy is made and issued in consideration of your premium payment to us. It is also issued in consideration of the information you gave to us during the application process, some of which is set out in the policy Declarations, and in consideration of the Subscription Agreement, which is provided to you and is incorporated herein by reference. You acknowledge that you have read, understood and agree to all the terms and conditions of the Subscription Agreement. Among other things, die Subscription Agreement appoints your Attorney -in -Fact, authorizes your Attorney -in -Fact to execute interinsurance policies between you and other subscribers and to perform various functions, and addresses compensation of the Attorney -in -Fact. ?nothing in this policy is intended, or shall be construed, to create either: a. A partnership or mutual insurance association, or b. Any joint liabilit) . We may sue or be sued in our own name, as though we were an individual, if necessary to enforce any claims which arise under this policy. In an suit against us, service of process shall be under the Underwriters Association attorney-in-fact. Membership fees which you pay are not part of the premium. They are fully earned when you are granted membership and coverage is effective. They are not returnable. However, they may be applied as a credit to membership fees required you for other insurance which we agree to write. We hold the Annual Meeting of the members of the Truck Insurance Exchange at our Home Office at Los Angeles, California, on die first Tuesday following the dist Monday following the 15th day of March of each year at 1:00 p.m. If this policy is issued by the Farmers Insurance Exchange such meeting is held at the same place on the first Monday following the 15th of March of each ),ear at 2:00 P.M. The Board of Governors may elect to change the time and place of the meeting. If they do so, you will be mailed a written or printed notice at your last known address at least ten days before such a time. Otherwise, no notice will be sent to you. The Board of Governors shall be chosen by subscribers from among yourselves. This will take place at the Annual Meeting or at arty special meeting which is held for that purpose. The Board of Governors shall have full power and authority to establish such rules and regulations for our management as are not inconsistent with the subscribers' agreements. Your premium for this policy and all payment made for its continuance shall be payable to us at our Home Office or such location named by us in your premium notice. The funds which you pay shall be placed to your credit on our records. They will be applied to the payment of Your proportion of losses and expenses and to the establislunent of reserves and general surplus. The Board of Governors or its Executive Committee has the authority to deposit, withdraw, invest and reinvest such funds. You agree that any amount which the Board of Governors allocates to our surplus fund may be retained by us. Also, after provision is made for all of our liabilities, it may be applied to any purpose deemed proper and advantageous to you and other policyholders. Tlhis policy is nonassessable. SPECIAL PROVISIONS (Applicable only if this policy is issued by Mid -Century Insurance Company) Policy fees which you pay are not part of the premium. They are fully earned when the policy is issued. They are not returnable. However, they may be applied as a credit to policy fees required of you for other insurance which we agree to write. This policy shall not be effective unless comhtersigned on the Declarations page by a duly authorized representative of the Company named on the Declarations Page. The Company named on the Declarations has caused this policy to be signed by the officers shown below. FARMERS INSURANCE EXCHANGE MID-CENTURY INSURANCE COMPANY TRUCK INSURANCE EXCHANGE By Farmers Underwriters Association, By Truck Underwriters Association, Attorney -in -Fact Attorney -in -Fact Secretary President 565166 5TH EDITION 1-12 C5166501 PAGE 1 OE 1 565166ED5 TERM SHEET 1) Requested hearing date: (First choice) 112111 Secondchoice) Q;__ 2) For County Manager signature?: No 3) Requesting department: Housing N —11Y A 1 710 R N E Y 4) Title: W 5) Convening as another board or authority? Name Eagle County Housing and Development Authority 6) Check one: Consent: On the Record: X 7) Staff submitting: Jill Klosterman Purpose: To bind new insurance coverage which includes the required business interruption insurance. 9) Schedule: N/A 10) Financial considerations: Total premium with fees is $25,737. Will be paid by Riverview 11) Other: _N/ 12) If matter requires IT Director review/approval, has this been obtained? _N/A_ 13) Attorney review of draft version performed by: —Diane Mauriello 6)�qlj PPR FQR PR FOR By: Co's Office agle CY ttorney's office By: ne Eagle Count Commissioners, office Revised September 21, 2012 V V 'ItLA